The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-15

rsenative or SENATOR and one who is righnuy such
Not at all. The expression IS, vacancies occurring by
resignation otherwise" and the fact that that is the
language of the constitution and the fact that the con-
situon provides that each House shall be the Judge
OF the qualifications OF its members, show concn-
sively that when non age, alenage impeachment
sltue ground OF removal, whenever office becomes
vacant, not having been properly filled, that constitutes
vacancy in the Office II cannot refer TO removal
from office rightfully held for if it is rghlfuly
held, you cannot remove from the office
without violation OF the constitution The constitu.
ton provides for making vacancy, when an individual
has not the necessary qualifications. Here case pal
pably provided for by the constitution. The individual
is found not to possess the constitutional qualifications
That the why the Senate havea right TO
him Well, sir, ii it is declared that he cannot SIT lon
ger in consequence OF not possessing the constitutional
qualifications, vacancy has occurred, according 10 the
provisions of the constitution. General SHIELDS being
an alien, this fact is entitled weight than il he
had not attained the age OF thirty years: none at all 1t
is a disqualification. When the Senate make the judg
ment--when they come the conclusion that the dis
qualification exists, is from that time that the vacancy
exists. Before that time the seat was filled. .,
Now, sir, if analogous cases can have any influence
at all, there be difficulty abo Ut it-no particle.
We have laws sir in most OF the States declaring
tain Offices be incompatible with each other and it has
happened in repeated instances that individuals holding
Incompatible Offices have attempted to exercise the duties
of both They hold the commissions OF the Offices; and
having accepted the latter, though incompatible with the
former, they undertake to exercise the duties of the
former office. 1t may subject such TO
action for trespass He may become a wrong. doer
by accepting new ohce. and still attempting to
exercise the duties of former office; but at the
same tine between and B, his acts valid. If
he is sheriff. for instance, and process it is not
vcidhe has not resigned. He still continues to
else the functions of sheriff He has the commission
he has the qualifications 1t be said that the Office
is not filled because OF lis ncompabity with the other
not at ALL Neither it be said that the Office is not
the time He does exercise the duties Of the Office, but
does not do it rlghtfully No office can be said to be
vacant when there is any individual performing the du
ties of the office What more can be done in this
han tok "a
is called, giving avoe when question is aken' that
is not dschaging the duties of office, do not know
what is But when these functions to cease When
the Senate shall determine the personal disability to hold
the Office Now, sir if right in this, il does seem
that the passage of thus resolution ought not 10 be
pressed upon for consideration at all events you
let it lie until to moTow, will give time
to think about these propositions and whether they
Of any force If is laid over, sir, and if the views have
suggested correct, see no reason why we may not
permit the resignation to take place am inclined to
Think that these views correct there necessity
oioce upon us the decision OF the question,
although prepared to declare, from the evidence be-
fore u.s. that it is palpabe and clear that Gen SHIELDS
had no right whatever to the Office. But sir if it will
work the injury which the gentleman from Illinois saysit
will work, to prevent that State from having rep
resenatve here for two years. why, decide the question
The holder OF office, although he may legally hold it,
can resign. Cannot that be done, sir? will give you
the of an election where the individual elected
had not the constitutional qualifications of resi-
denes or OF age Suppose man. under thirty pre-.
sents himself here, sir, and senator says 10 him,
know you are under thirty, and in pursuance OF my
oath support the constitution, consider my duty to
dvuge the fact OF your to the Senate The gen.
you are correct will hand in my resignation to NOR
row. On the next morning he does hand in his re-
sgnaion; but the gentleman knowing the fact OF his
age gets up and says mot fast, il you please
you have no right to resign, and we will not lei the
resignation be accepted" Sir, reason why
should act in that way. The fact is brought home 10
the individual and when it brought to him he says,
:" will give the Senate further troubIel will resign
Would YOU in the case OF the OF member, say
that the resignation should not be accepted; in the
OF Impeachment, when man is convicted of
crime rendering him incompetent 10 hold Office, would
you say, 81 consider It my duty to bring forward
the record, and show the conviction p The man re-
plies, You need not put yourself TO that trouble;
! will resign in the morning" He offers his resigna-
ton. Is it the duty OF the senator, knowing the
fact, 10 get up and say that the resignation should
not be accepted, and TO proceed 10 bring forward
the evidence OF the conviction OF srme thereby
to have him ousted' II it can be shown, sir that
it is our proper. constitutional duty not 10 accept
the resignation but go and declare that the Office
void from the beginning, think that should pursue
that course with everybody under such circumstances
do think there enough in these suggestions TO allow
little time think upon them and hope, therefore,
that the motion OF the gentleman behind me Mr. HALE]
postpone the further consideration OF the subject until
tomorrow, may prevail. These things come up OIL
hand and my unfortunate condition. sir, is perhaps
10 see things quick others. | really should
like time to look into it, and hope the motion may pre-
vail
The question being again stated upon the motion TO
postpone the yeas and nays demanded, and order
ed; and being taken the yeas were 81 nays 49, as fol-
lows:
YEAS-Mes,rs. Atchson. Bell, Horand Bradbury. But
er cass Chase, Douglas Downs FeIch. Fitzpatrick. Fooe
Hale Hunter. Jones; Mason. Norris Rnsk Seward Scale,
Surgeon, Turney, Underwood, and Yuee-24
NAYS-Messrs Badger, Bcren Bright, Calhoun Clarke,
sippi, Dawson Dickinson Greene, Mangum Miller, Nor
tln Pe,rce, Smith, Spruance, Uphan Wales, Walker,
Webster, and Whitcomb-23.
So the motion TO postpone was agreed to.
Mr. HALE called for the reading Of the comnunica.
ton presented TO the Chair by General SHIELDS.
The communication was accordingly read as follows
SENATE CHAMBER, March II, lsl9
Mr.. PRESIDENT From the time that my right seat in
this body became subject OF inquiry and Investigation
determined abstain from entering into contest in
on 10 that right and to submit unhesltatngy TO the
ZION oil the Senate As there prospect OF debate
and this resolution, will eve the Senate by
rendering my resignation and referring the back TO
constituents therefore hereby tender my resignation
JAS. SHIELDS.
Mr. HALE moved that the President OF the Senate
Illinois that Gen. SHIELDS has resigned his seat as
member OF this BODY
Mr.. BERRlEN moved that the motion by the senator
IRON New Hampshire be laid upon the table.
Mr.. FOOTE demanded the yeas and nays.
Mr.. BERRIEN. | submitted the m otion to lay the
on reflection the consideration of the resolution rea
1--WE TO the subject has been postponed until tomorrow
lwi withdraw my motion, and substitute for 1t a motion
that the further consideration of the motion made by The
senator from New Hampshire be postponed until tomor
row.
Mr.. HALE | have no objection to that
The question being then taken upon the motion made
alive.
On motion by Mr. WEBSTER, the Senate proceeded
70 the consideration OF executive business and after
ume so spent, adjourned.