The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-14

he eligible, therefore the eleCtlOD
think So / shall feel bound to oppose the resolution
hope sir, the committee, who have placed ms con-
struction upon the constituon-and In fact hihX IL Is
contrary TO our former practee-wii snow US sgle
know what decisions have been made here but nave
heard said that many gentlemen were elected before hey
thirty years OF age and indeed, that the distinguish
ed gentleman formerly senator from Kentucky was
elected TO his arriving at the age required oy the
constitution. i
Upon what course of reasoning do gentlemen proceed
Certainly it cannot be the wording OF the constitution,
that he have been citizen of the United States for
nine years previous to his election Tor there no such
must have been citizen OF the United States before he
can be senatorthat is, before he can become sena-
tor not before his election but before he takes the oath
of office cannot vote for this resolution. cannot
satisfy nv conscience, nor can convince my Judgment,
OF the correctness OF the principle contained IN mat re-
port do think sir that the whole matter should have
been postponed upon his application know nothing IN
relation TO his ci,zenshp but have been informed that
the constitution of Illinois requires member OF their
General Assembly to have been citizen OF the unlied
States | understand that when he was elected 10 that
assembly his right contested there The committee
inquired INTO the facts and sustained hun: Possibly
the committee of the Senate If they had received his el
ter and granted him time obtain further facts, might
have been induced to report his favor hat mat
ter however, personal TO himself with which nave
nothing to do. must act upon tue report as hvoyh
construction given to the constitution; ana must say
that disagree with the opinion expressed IN mat re-
MIR. FOOTE. If in order, for the reasons assigned by
better to postpone this discussion, would move that the
further consideration OF the report of the committee be
postponed until the first Monday in December next
MIR MASON. From what has fallen from senators
in this discussion it appears proper that should say
few words with reference to the course OF the committee
upon this question. The case, IT stood before the
committee is shown by the document which has been
made part OF their report, which copy OF the record
of court of competent jurisdiction IN the State OF ILL
nos That record shows that General Shields was nat
uraized in the State of Illinois in the month of Octo-
Der, 1910 That record aso containing evidence which
necessary to exhibit to the court to entlte Cen
eal Shields naturalization shows, first that he was
of foreign birth; and secondly that he became natu-
rallied citizen of the United States IN October 1870
That was the position Of the as it stood before
the committee. AS remarked few minutes ago. Cen
eral Shields Informed by the committee, after this
evidence had been referred to them and before they had
acted the subject if he desired to exhibit any evidence
his part to alter the as appeared IRON the rec
ord he desired time to enable him to produce such
evidence they would receive such communication IRON
him at their next meetings OF which he was then notified
AS remarked, presenting the report no such commu-
ncaion received; and the committee accordingly pro-
ceeded to prepare their report on the facts before them
After that was done, and the day following, General
Shields called me, and stated that he had sent note
in writing to the committee pursuant to their suggestions
but by mistake of his messenger, it was not delivered
That note was shown to me; but, consultation with
members oil the committee informally, 1t was deter
mined, and, as understood, with the assent OF General
Shields that if he desired any action upon the contents OF
his note, il should be by communicating it to the Senate
The then, presented is, FIRST that he OF for
egn birth and, secondly, that he was Ratnralized III
October 1870 and upon these facts the committee have
made their report, as 1t is now presented
believe am correct in saying that the committee in
the of their deliberations, took as their guide the
of Mr. Galatn it is set out in the journal OF the
Senate. The of MIR. Gaatin substantially was tins :
Mr. Gallatn was born in Geneva in 1861, and came to
this country in 1880. He remained in this country-by
resident OF various States In the year 7s3 he went
Virginia and in the month OF October in the 1885,
he took the oath OF allegiance in that State In Decem-
Der, 1855, he removed to Pennsylvania, where he pur.
chased land and became permanent resident He was
al in, nov ,horn NJ thu yh1c
called TO amend the constitution Tor the State OF
Pennsy lvania, and subsequently he was, Tor three
successive years, elected member of the Pennsyl-
vania legislature. In February, 1893, he was elect
ed senator of Pennsylvania, and he came to the Senate
and took his seat in December following. Referring to
the date of his Naturalization stated in the report, it
appears that from the time he took his oath of allegiance
in Virginia in 1885, to the period of his election
in February, 1893, he had not been citizen of
ton, which is nine years, had that term expired when
he took his seat in December following. The committee
appointed to investigate his made their report to the
Senate, setting forth these facs-facts agreed TO by Mr.
Galatn his part and also the part of the remon-
strants from Pennsylvania. Ia the Senate upon the
coming in of the report OF the committee, resolution
offered in these words
"Resolved That Albert Galatiu returned this House
member the State OF Pennsylvania, is duly quail
fed for and elected to seat in the Senate OF the United
States"
This resolution rejected by vote of fourteen nays
to twelve yeas"
Mr. CASS Will the senator from Virginia read the
names
Mr. MASON read as follows:
''Those who voted in the affirmative
'Messrs Bradley, Brown, Burr Butler Edwards, Gum,
Jackson Langdon, Martin, M onroe, R)basoD Taylorl2
1.-The nays were
"Nessrs Bradford Cabot Ellsworth Foster Frelinghuy-
sen, Hawkins, lizard, King Lvermore Mitchell, Morris,
Potts, Strong, ViniDg-H
"a resolution was then offered In these words,
"Resolued. That the election Of Albert Gallan to be
of the United States void he having
citizen of The United States the of required
qualification TO be senator of the United States.
motion made to divide the question at the word
void , and
90 On agree the first PHI of tho
divided it passed in the Acknowledgements IL, nays H.
son motion to adopt the resolution follows:
"Rssoiyed, That the election of Albert Galatin to be
the United States void he having been
citizen of the United States the term OF required
qualification to be senator of the United States
The was-ayes II, noes II and the resolution
was carried"
Mr. DOUGLAS. | would inquire of the senator from
Virginia whether in MIR. Gaatins case it appeared from
the report of the committee that the election void be-
he had not been nine years citizen because it
did not appear that he was citizen at all
MIR. MASON. | can only answer by referring to what
appeared in the proceedings The committee reported the
facts, exhibited in evidence before them, and which
went TO show that Mr.. Gaatin OF foreign birth. In
agreed between Mr.. Gaatin and the remonstrants; in
which paper it stated that he took the oath of allie
glance in Virginia IN October, 1855. How far the
Senate governed by the proof of the date of citizen
ship be gathered only from the conclusion at which
they arrived, it is embodied in the resolution that
adopted. When the case came before the committee,
evidence exhibited the part of the remonsrants
then not entitled TO seat in the Senate that evidence
embodied in the report of the committee. The commit
tee then gave notice to Mr. Galatn that it was necessa
~ that he should exhibit evidence on hspart the