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

10 make decision upon an abstract question: which de
csion Will mol be worth sixPenee alter II IS made II
any future action upon OF this character we are
abide By the eonstliuopto hear the individual and de-
termine upon his claVn 10 seat IN this body wiihoa
reference W any uegi',oh maze now "haefel ee.ls9
come 10 now Will be totally useless, Tor there Is noh
ing for II to operate upon The seat is vacant; and We
are only asked now TO perform the common courtesy
usual IN cases OF resignation and then leave future even
TO take care oil themselves. The State OF Illinois may
adopt the course OF procedure pointed out by majority o.
thus body, or II may not do short, slr, this decision,
made VIII be IN anticipation, and can have no binding Ell
feet upon the future action either OF the Stale OF Illinois
or the Senate itself
Mr.. BADGER. II believed the question before US
for decision one merely OF extension OF courtesy 10
wards Gen Shlclds, would not permit any senator on
this floor TO go beyond awarding The most
liberal courtesy and kindness 70 him. But, SIR, look
upon The question very different oneas involving
civ relations OF another and OF higher character and as
requiring decision from the Senate not affected IN any
degree by the considerations OF courtesy and kiadness
DO not wish, sir 10 enter INTO this argument al any
leDgih Tor have not the vanity TO suppose thai any
thing that advance will change the opinions OF SEN
ators who der from me, strengthen the opinions OF
senaors VINO with but will stale very briefly
the reasons which Will induce me 10 vote against taking
up and dspssng oil the motion made by the senator from
New Hampshire yesterday and 10 vote Tor taking up and
passing the resolution reported by the select committee
Those reasons, 10 my mind clear and obvious
Sir, IL this resolution shall be determined in the mega
tive then there will be need OF any further action by
us upon the subject OF General Shiedss seat he can
withdraw The tender OF resignation and continue
Der OF this body Bat If the decision OF the Senate shall
be 10 adopt the resolution reported by the committee, ii
viii then have been determined by this body-who, I'M
der the constitution, the sole arbeTs OF the Ques
tion-lha thus election void, that General Shields
Tor amonent ightfully member OF this body
and that he appeared here and took his seat upon pra
facie tile which upon examination turns out, IN
quence OF inherent defect from the beginning, to
have been always void Now, sir, shall not undertake
inquire whether upon that determination supposng il
10 be made, the Executive of the State OF Illinois would
nave right to make appointment Of successor or
not confess, however, do moi consider that question
one of so doubtful character some gentlemen seem
TO consider 1t.
The constitution OF the United States in defining the
terms OF the several classes of senator's declares that the
seats OF class shall be vacated al the expiration OF
two, another four, and another SIX years The time
iers 10 the respective classes OF senators originally
enumerated And the constitution also declares thai
wherever vacancies exist by DEATH resignation, other
wise, during the OF the legislature OF any State
the Executive thereof may make temporary appoint
ments until the next meeting OF the Legislature, which
shall then NIL such vacancies" Considering this as
beneficial provision intended to keep this body FULL and
preserve each OF the States It's full representation in
this body and as such entitled to liberal interpretation
| must be permitted 10 say, without committing myself
deftvely upon the question, that have not seen any
reason vel TO satisfy my mind that the Executive OF Iii
nos would not under the crcu instances, be competent 10
make appointment supposing that session OF the
leg stature has INTERVIEWED from the time the seat
Gated, which take 10 have been from the expiration Of
the term OF the previous session; supposing as have
SAID, this resolution be adopted have seen no sasaco
nv reason as yet TO convince my mind-hough do not
wish TO be understood giving decided opinion To- that
effect, for there may be satisfactory reasons which I'VE
yet heard-ihai the Executive OF the State OF Illinois
would not be competent to fill the vacancy within the
meaning OF the constitution of the United States How
that may be, my Judgment II is very clear that if
he cannot I'LL the vacancy-supposiDg this resolution
be adopiedhe canno, fill the vacancy il accept this
supposed resignation OF Gen Shields If Gen Shields
not rightiuily member OF this body, II has election
was void in consequence OF an inherent defect ex-
listing a, the time the election took place. and If the
credentials that presented have been examined
thoroughly by the only competent authority Tor that
purpose 1.-THE Senate) and have been declared by that
authority nuly from the beginning, II Is TO my
mind proof conclusive that the acceptance OF resgna
non, without good and rightul title to the Office
resigned, cannot put any other power in the hands OF
the governor than he would have had il we had sup
posed resignation took place, and that the pre-
proposed action of the Senate had been determined
upon Therefore II appears 10 me- whether this resolu-
ten be adopted or the resignation accepted, the power
which may be possessed by the governor of Illinois 10
elect successor 10 seat this floor is the and
the question will stand before the Senate al the next
session exactly IN the ldon whether either alter
native adopted 10 my opinion then, nothing gained
TO the honorable senator or the gentleman whose seat is
IN question nothing Is gained 10 the State OF Illinois,
good Is promoted whatever by now avoiding the de-
cison oil the question and leaving the Executive of the
State oil Illinois TO proceed to make appointment sup
posing that the case stands either upon acceptance OF
the resignation or IN the position would occupy IN
of the passage OF this resolution. II to that
the plain Tor the Senate TO pursue infcung
dscredIt dscnurtesy either upon the gentleman whose
seat As in question or upon the State OF llnosa course
dictated BY the prophecies of the CASE and by the const
tuonal duty OF the Sena,cs, that the question being
argued and before them, they proceed give their
decision upon it.
But again. MI President, cannot for the resou
ton which was introduced by the senator from New
Hampshire for the PLAIN that the Senate does
Itself appoint the members OF this body, has any
power to fill Vacancy that may arse IN 1t. When
resignation received and Transmitted by the Senate 10
the appointing power OF State, is not grail
hcaon to the curiosity OF the EXecuivelt not the
fact published in the newspapers to let the American
people know what has been done in the Senate upon
previous day-bui II is Official communication that
vacancy the representation of the State has occurred
IN this body, 10 the end that he may I'LL it. That is the
only object of the notification When, therefore, the
Senate for the passage of the motion OF the
from New Hampshire they have implicitly Informed the
Executive OF the State OF Illinois that the resignation has
produced vacancy in this body and for that motion
cannot VOTE because do believe that such is the fact
The senator from Illinois think proof OF deficiency
OF intellect my part when state that am OF opinion
tina, the seat has BEEN IN point OF fact vacant since the
fourth OF March.
Mr. DOUGLAS The senator from North Carolina
think, has misapprehen led my remarks conceie that
Gen. Shields not rgh1ully senator-that he was
but de- fddo senatorbu as he filled seat senator
de facto, performing the offices OF SENATOR no vacancy
occurred until he resigned.
Mi. BADGER The acts performed by Gen. Shields
while here valid doubt but. II the senator will
permit me 10 say H. think he has made discovery in
the power OF resignation, If he considers this seat de ao
morally that has been corporay. In a corporal occu
patton Of the senator has only to get up and go
OF the Senate, and he will have resigned.
Mr DOUGLAS. He occupies seat here de facto un-
der color OF right
MI. BADGER. / assert that that color OF right is no
Shields rghifuly took seat in this body by authority
OF the Senate There prina face tile presented
the face OF his Credentials and that ground en-
Shields was sworn in. Now il is found GU, that that