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

lis real merits and let the State OF Illinois and its author
what manner il has become necessary for the State OF II
llnos to fill the vacancy
Mr.. DOUGLAS II is certainly my desire that thu
question shall be decided its merits, and also that
decision shall be made here that shall miscad the gov
same app.shsnsion thai nv frssa from Wisconsin had
thai the governor OF Illinois would be inhaled by the 70
pou OF the Committee | believe that functonsry u
c,PsAle OF Judging for himself and hops that an no
advocating here the result Of which would be To
lead him INTO error | believe this body il going to
make Just and legal decision Of this question and
believe in my heart that i can only DC done BY recs
the governor OF Illinois OF the vacancy which that resg
nation has created in the Senate of the United States
think the senator from Wisconsin does this Senate gea
injustice in assuming that would decade that the seal oil
the from nos had been vacant from the fourth
of March Sir is this body going to make thai decision
Has any vote OF this body tended to thai conclusion l.
there in the body who under the eolemniy 81 his
oathin the sanity of his mindan decide that thai seai
has been vacant from the Ali Of MsrcAl Has the
s nnon ~, lososa ss, on ne q Gay . A..ss
James Shields senator eccted for six years from
and after the 4h day OF March, and that those credentials
were read and laid upon The table Has he forgotten
that the 5,h day OF March the of James Shields
was called 10 be sworn senator and that he and
objected and offered resolution to refer the credentials
OF James Shields to the Committee the Judiciary, and
that the subject postponed to the day; Has he
forgotten that on the next day. the 9th day Of March,
rose IN place, and moved that my colleague be
10 seat senator Stale OF
illinois, and that be and other gentlemen inerposed OBJ
lecons but that after consideration and discussion, and
ull investigation, the Senate. by solemn vote, ordered
the oath OF office be administered James Shields,
and that he took hs seat senator from the State OF
Illinois Has ne forgotten that the record OF the Senate
shows and rectes that thereupon the said James Shields
appeared that the oath OF ofce was administered to him.
and that he took his Has he forgotten that each
succeeding day when the yeas and nays called the
name OF James Shields was called. and that ne voted
either one side or the other on every question as
anatpr frou he nj And has he for
gotten that he continued thus to vote up to yesterday,
when the record shows that Mr.. Shields, of the
senator's from Illinois, sent his resignation to the Vice Pres
ldent, and that the motion OF senator that resgna
ton was received and read, and that then resignation
was offered nstrucing the Wee President TO notify the
governor OF Illinois OF the vacancy produced by That res
olnuon And, the face OF all these facts, we to
say by solemn vote that the seat has been vacant all
the time that it filled by the order of this boiy Be
fore the Senate can make such decision, 1t will be
cessary Tor to expnnge It's own record, and lasiy MS
own journal. Sir, all know that the seat has been
occupied by gentleman a senator We all know tina,
he was qualified and took his seat senator under the
vote OF this body. We also know that he has exercised
all the nights, powers and privileges OF senator as much
any OF us; and yet TO be called upon
TO say that his seat has been vacant IL II has been
can't what business has the name OF James Shields
your journal on the call OF the yeas and nays? Ii
will do, say that the has been and
at The same time filed. am not arguing the question
whether 1t Esbtully filled Concede, sir, thai II
was not; concede that he not entitled to the seat
yet you have made II clear case OF person holding an
Office de tacto, performing its duties, exercising its pow
ers, and receiving lis eoument but liable 10 be turned
cut writ OF quo lcarrdnto. by his own resignation
by decision OF this body examination OF the
And hold, Sir that, from the war of the roses, de
faco officer, exercising duties and performing functions,
is be regarded officer and that his to be
deemed valid Ii he holds it wronsully, still his author
ty to be respected and until his office becomes vacated
~ . proper tribunal. he Is capable OF executing It 1t
has been the doctrine in England. that wherever the
throne filled by person wrongfully stil il was
treason to resist the de aco sovereign long as he
ha. he T,~
those who while SUCH had obeyed his authority and
sisted the righul sovereign, not punishable, be-
cause they had obeyed the sovereign holding the office
dc fdcto That principle has been recognised by the
American courts and again, 10 regard TO
ecutlve, ministerial, and judicial officers Suppose sir,
that Of the district Judges of tine United States should
be appointed BY the Executive and confirmed by the Sem
and he should proceed discharge his duties by try
ing for the highest crimes known TO the laws OF the
land and he deprves OF their liberties and lives by
virtue OF his judicial authority for thirteen years. Jas Gen
Shields has exercised judicial functions this country
and that after the lapse OF thirteen years. quo soarono
should be issued and il should be discovered that he was
alien, and should be found that he had no right 10
be Judge his invalid The constitution requires
that Judge shall be citizen; but suppose the oce TO
be filled by alien and he tres suits involving millions
OF properly, hundreds OF lives and the liberty OF thou
sands Of citizens, and the end OF thirteen years. quo
1rarrano issued, aud il ascertaned that he is
alien by birth, and that he has not been nauraiized
concede that you turn him out Ii would be your
duty to DO so. But can you vtaie his acls' Can you
decide that his Office has been vacant for thirteen years
Can you decide that the judgments he has rendered
the rights OF property between and man are TO be
void and that the sheriff who sold property under
ton is TO be held liable tresasser, and tina! the sale
is TO be void, although the possessor OF IT has pad Tor
the purchase money: Are you about to make such
decsisn' Are You about to decide that marshal or a
sheriff. while executing the order OF such Judge, may
be sued for false imprisonment Will you decide that
such Judge, who orders TO be hung for CRIME
which, under the laws OF the land, punishable with
DEATH murderer Was there a court in Chrlsien
dom that dreamed OF declaring the acts OF de aco ocer
void, when be has performed duties that clearly
righ' No court Chrisendom made such deelson
and trust this Senate not going to SANCTION such doc
trine Ii he found TO be alien, he would be
moved his Office would be vacated and the vacancy would
take place from the day which he was removed. And
II not here = Concede, SIR that General Shields
not eligible; yet he elected, and he was elected
by tribunal that had jurisdiction OF the subIec OF an
election This is not the of an election by nbu-
nal that has not competent authority. he was elected
by the legislature OF Illinois, which has the rghiiul
thony TO make such election That is conceded; but
you that the Legislature OF illinois exercised that
doubted authority in illegal manner Suppose they
tribunal, IL decided otherwise This Senate is
such competent tribunal IN this Ii Is invested By
the constitution with the sole power to decide whether
General Shields eligible, and man has the night
assume that he eligible until this body has
decided That ihss body would decide that he lne
gble, and that the Senate would vacae his seat, the
evidence before It, am ready 10 concede but when You
do vacate his you will do II TO take effect IRON TIE
day which your Judgment rendered, and his PRIOR
acts senator must stand long as the republic en-
dues and the records Of the Senate preserved The
name OF James Shields appears among senator's voting
questions before the Senate. and thai name cannot be
expunge1 And, If that name appears there as OF a
senator who voied-a senator qual1ed by the oath OF
Office, and taking his seat BY order OF this body-are
we now 10 say that be was not SENATOR aPPrehend
fs afrs he WA