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

fact is not Judgment in NV opinion al all The sena
ior thus makes necessary that the judgment OF the Sen
ale should be pronounced IN tue mere matter OF nothca
hon-ln the performance OF what usually dooe when
vacancies occur IN this body Sir have said before
we cannot turn The claimant out, because he has re-
signed he is already out This then, is an abstract
questions and all that necessary 10 be done is 10 In
form the governor OF Illinois OF the vacancy existing
Mr Towns. | confess, Mr. President, thai II seems
10 me very strange that the Senate should be engaged in
the discussion of subject which does not demand con
siderason at our hands at The present time al all What
have we before US What 10 be the practical effect Of
orr action here There is nobody claiming seat in this
body involving the question gentlemen are discussing
The person who occupied that position has withdrawn
his claim; and would inquire OF gentlemen if il is the
province OF the Senate to SIT here and discuss abstract
questions, when their decision necessary TO the
iurtherance OF any action properly incumbent upon them
Whatever may have been the opinions formed by the
Senate, 10 The rights OF the parties interested hereto
FORE the question of their correctness longer be
entertained and those who continue 10 discuss as an
abstract question, doing that which viii lead no
practical resuliare addressing themselves TO question
which Their arguments cannot change. The gentleman
interested in s matter having rendered his resignation
the decision OF the Senate prevent him from eav
ing this body or reinstse him member
The senator from New HAMPSHIRE aad several other
senator's, have repeatedly advocated the question of
tesy connected with this subject Now after all that
has been said upon the subject OF courtesy the opinions
enieraIned by gentlemen that have led 10 the preseaa
lon Of tins resolution be carried out, do not think
thi Inc Senate wili be very nnenhy distinguished for
courtesy BY the adoption OF such course. The
IRON North Carolina admits that, leg ally and practically
there is no material difference in the ultimate issue
whether declare General Shields title to seat null
and void from the beginning whether simply send
notification OF the resignation OF General Shields the
governor Of Illinois II il makes difference, then
ask the Senate whether 1t would not be accord
with the feelings OF courtesy and be less likely to
wound the feelings OF the esmable individual who late
occupied seat here, TO simply send notification to
the governor OF Illinois stating his resignation
MIR. BADGER II the senator from Louisiana will al
low me, | would inform him that what did say this
point was, and repeat now that, whether the esolu
ton presented by the committee adopted, the re-
sgnaon of Gen Shields accepted, nothing in the end is
gained way the other for Gen Shields but that
the original objection would stand, with precisely the
force, al the next session OF Congress as stands
think there is very material difference in other
respects, considering one course night and the other
Mr. DOWNS. So understood the honorable senator
ask OF him and the Senate why proceed further in this
matter Are we come here to turn this Senate into
debating society and simply TO discuss questions when
those discussions can have practical effect, think
not, sir think the Senate OF the United States have
power 10 act IN this manner What is their power2 Ii
IS power simply to Judge whether returned TO this
question is no before the Senate. We have no power
TO 90 further IN this matter 10 enter into discussion,
or give decision upon question that should be deci
ded by the Executive or legislature OF the State of H.
hnos. II there is any difficulty an the election of
other senator il will be time enough to solve that diff
Guilty and Judge of his qualifications when .he applies for
seat IN this body We sitting here discussing
Question OF power 10 be exercised by the legislative au
thoritles OF Illinois question with which have
nothing to do whatsoever and decision upon which
have no effect, because we have power As has been
said powers analogous 10 those of court and
Arguments presented IN court considered be
entitled TO any weight when they travel out Of their
proper course. What would think OF a criminal
court taking up difficult question in criminal law.
and wing Its decision upon If And would that decision
be regarded as binding IN any practical Of similar
character Sir. il would be regarded as Of no
weight authority than the decision o. the Senate
proposed 10 be given be regarded OF binding effect
"a relation to Its future action. understand that the
fusa notify the governor OF the State Of Illinois OF this
resignation would be assumption of the power TO re-
fuse the resignaiIon but if we have power refuse
giving such notification. what night have refuse
the resignation OF member OF this body?
SENATOR How can resignation be presented TO
this body;
Mr. DOWNS. | am asked how resignation can be
rendered TO This body would say, reply, that have
not inquired particularly into the subject take it for
granted that what usual and customary must nave
foundation in right and in law believe also, IL has
always been customary, whenever resignation is ten
derei to this body TO notify the Executive of the Slate
whose representative has resigned OF the fact And if
refuse TO do that now and that too after the lengthy
discussion have had, whatever other individuals may
think, cannot but consider that il will be regarded
the result OF determination OF the Senate to hold TO
this question, TO make IN some degree victim OF the
claimant who has been before Look al the peculiar
circumstances in this There has been interior
ence oil persons authorities interested this question
There has been no complaint from the State OF Illinois
from the opponent OF this gentleman at the time of his
election; memorials or petitions have been sent here,
but iron mere impulse, as II were, we have entered INTO
any opinion as to how tar such a proper
bat having entered into under circumstances rather
extraordinary, think, far from attempting to clutch
it and hold to il, and make the OF it,
that we ought to be glad to get rid of il We have got
hold OF victim, and the law must take its course. Sir,
can no other effect to result from action but
prejudice his
This gentleman Mr. President, has some claims on the
country; though wish distinctly be understood that
would not consideration OF the claims OF any man. no
matter how great may have been his services the
try. upon question of courtesy, violate any OF The
principles oil the constitution; but when | see nv way
clear and that there is violation OF the constitution in
quesuon-when see that only giving this in
dIvdua tar chance, II his again be brought
before the Senate OF the United States legally and consi-
tutionay, 10 such action feel much more III
cned to promote his interests, far consistently
and mortified If, by any peculiar OF action should
take In the Senate, should depeca,e his standing
cely lessen has prospects OF hereafter among
the people OF his State or anywhere else. | do moi i'm
pue any motives of this kind TO honorable senator's but
gentlemen must be short GIFTED taan believe them
10 be II they do not that they will materially affect
those prospects If this resolution passed here This
individual, no more than any other person. matter how
distng ulshed he may be- cannot expect into
other election without competition ask gentlemen, if
tins proposed decision OF the Senate made II viii
Judging IRON the past history OF these matters, operate
menf III is absolutely necessary that should make
this DECISION why do regardless of consequence But
when is not necessary do not do an act preadcial 10
the individual, or injurious to has interests.
hlr President If the Senate continue to entertain tins
matter, presume II will be the first case upon the rec
ords OF legislation, where such question has been
entertained after the person has voluntarily withdrawn
useless say that he has not done anything that
he has resigned nothing He resigned whatever he had
he has retired from the position he occupei. whether