The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-17

the election of Gen. Shields void. He must apply his
at the time when the judgment Of this body pronounced
upon and not before Although the election was vod
none doubt that the Office filled Gas senators have
said and confess properly sad) by the senator occupy
ing the. Office as senator, de Jaeto. though not de
lure Now the distinction between de acto and de ure
pss 1G HOW ss w sss u % S though
said and think properly said by the senator from Geor
ga that filed from necessary convenience and po
ltical necessity Although the election void ye,
the Office filled from political necessity When the
gentleman chosen presented himself with his certificate
Of election, which was pra taee evidence TO of his
title to the seat he became invested with the privileges of
office, and held them, though his election void,
until the act of resignation And the action OF the Sen
ate can amountto nothing than to declare that the
Office is vacant when the judgment is pronounced.
think then, will be found that it is not competent for
General Shields to resign his office to the Senate or 10
any other than the power whence ne derived IT. 90 no
see that our action can in the slightest degree affect the
action OF the governor of Illinois He must determine
for himself Ne cannot dictate to him Least Of all can
as one purely judicial should be exceedingly sorry. as
presume every would be, if our act should be
liable 10 any msconsrueton or peryerslon; or If it
should be considered reflection upon the justly dstin
gushcd and gallant gentleman whose case has come be-
fore u.s. necessarily, under the constitution. cannot
imagine for moment that i will disparage him with
the appointing power, in the estimation of his fellow
citizens But if this the il should not in the
slightest degree affect action shall with pleasure
vote for the amendment OF the senator from South Caro-
lima, as making the resolution explicit.
Mr.. RUSK dislike to be troublesome TO the Senate
but it to that falling into in regard
to the matter of resignation. There are some offices
which cannot be resigned without the consent of the ap
pointing power. But that is not the with the Office
OF senator OF the United States. All the power that
State and to that legislature he must resign it; for to
them is he responsible The only responsibility that he
owes to this body is to be present here to vote. This
body has the right to compel the attendance OF its
brs long they continue to be members of the body
Well now, what is that constitutes resignation 1t
not the consent which the Senate gives it, or which
Vivp IN huf 1 IS act Of fha
senator himself; and, as such, should be voluntary
How many instances there Of gentlemen resgning
here and assuming other duties within twenty -four
hours afterwards, without notifying the State at all
The moment the individual does the act he to
be senators he ceases to be under the responsibility
of dscnarging the duties of senator. 1t 10 me
that this is clear This individual them having resigned
his office OF Senator, we have right to call upon him
TO discharge the duties of senator. Have we the same
right, under rules enforce his attendance here AS
have enforce the attendance of other who
have not resigned! Nobody will contend that have
Here there is propety in his notifying the Senate that
he has resigned; and The vacancy commences from the
moment when he voluntarily resigns his office 1t seems
TO me this is clear 1t has been our constant practice
Under such circumstances the Senate pronounces no
judgment at all There is the evidence that the ndvdu
al has resigned the which he previously occupied
The Senate cannot then, into an inquiry to whether
resigned his seat he has relieved himself from the obl
CATION which he owed to the Senate to obey any Of its
rules and orders And it only proper. respectful, and
Tlghttha we should lofty the governor of Illinois in the
usual form that this resignation has taken place And
does no, change the question on the resolution single
iota. That stands precisely it did before The Sen
ate of the United States is called upon TO make up
judgment and pronounce upon the question and if they
do il cannot bind the State OF Illinois, bind
Mr.. DAVIS Of Mississippi moved to lay the resolu-
ton. together with the amendment. apon the table
The question being taken, it was decided in the mega
Mr. TURNEY. desire to say that do not propose
to vote upon either the amendment or resolution, be-
cause there is contest now before the Senate, The
iS eciaQv he If (rppS ad liaI
it Is mere abstract proceeding without object or
anything TO be accomplished, unless there may be pro-
duced by II an elect upon Individuals elsewhere. i
am utterly at loss to know why this motion is per-
sisted in; but it is not important for to enter into
that subject now. This man. Cen Shields. however,
has been before the Senate several occasions here
toore; and he had not American heart in his bo
SON. if he did not possess those principles and feelings
which endeared him the people of The United States
these objections should have been made former oc
casion. Sir he before this body for the office oil Com
missioner of the General Land Office; he subsequent
erals to command our army in Mexico We did not hear
then that he was alien at heart; we hearL such
objection. II was then believed that he had Amer
can heart, and that he well qualified for that toll
and dangerous position and his services glad
ly received and approved Of He afterwards before
the Senate upon nomination for major general after
wards for civil appointment, that of governor of Oregon
Still objection raised not whisper uttered
that he was not possessed OF an American heart Then.
sir was the time, in my, judgment, if he was not an
been made;
Mr. WALKER The objection is only to the want of
the constitutional requirement OF citizenship for certain
Mr. TURNEY Gentlemen. then, are applying
technicalty to this Whilst they profess
ing to disregard echnicales. they are endeavoring
by means OF mere technically, TO place upon the Jour
nal that which will affect this individual at home. Why
hot act upon his resignation! Instead of this you
say, No, we will go and pronounce judgment, and
place that judgment upon the journal that it may
have effect upon you at h0me AS far as this matter
is concerned merely rise 10 notify the Senate that will
not participate in any such proceeding and hope that
Judge Breese who previously occupied the seat con-
tribued nothing to bring about this investigation this
body. | hope he would be far from it, hope he does
Yet gentlemen all sides agree that makes no sort of
difference whether the Senate takes action upon the
luton not 1t is the difference between t0eededum
an teedec whether you accept the resignation pass
the resolution. Yet you resolved to do the latter
But if il make difference to which the SEN
may take either with the State Of Illinois this body
| ask again why adhere to the determinaton why so
great desire 10 pass the resolution! perceive what
is the object which senators have in view and cannot
it by the public They will that the object was per
secuton The great of the people, when they come
10 inquire why this thing was done why great debate
gotten up here, will that il for other OBJ
lect than persecution
We heard the senator from Virginia, awhile ago, deny
the right of General Shields to tender his resignation to
the Senate. Did not Gov. Bagby send his resignation
to the Senate. and did not receive it, Did not Col
Sewer tender his resignation to the Senate and did
not receive il! Was this question raised before
since we were government The right of a senator to |
resign ms seat to the Senate never before questioned
Then why raise this extraordinary question on the
of Gen Shjelds's resi<oation md M