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

our courts and OF the deIberative tribunals OF Chrsien-
] dom
But sir. there is a vacancy now which is created BY
virtue oil James Shleds's resignaiio and all that
have 10 do is to notify the governor of Illinois OF thai
facl- and then have done duty In regard TO the
report of the committee. II very well IN lis place
when there question for operate upon But
II has ceased TO be before the Senate As the senator
from Mississippi Mr. FooTE] has well sand, the party
the suit has Withdrawn There is now one upon
whom it can operate and ought not to occupy the
time of the Senate with its consideration when there is
purpose to be effected by IL By passing thai resou-
On shall be acting upon the conduct Of vereign
State OF this Union whose conduct is not this time be-
fore Why. then, shall do if II will have no
eject uness u desgned to have Interior operation
IN that State! From my heart, SIR disavow such de-
sign on the part OF any cannot Imagine that any
senator have such design but yet such will be the
construction that VIII be put upon IT. hope the Senate
will proceed 10 the consideration OF the resolution offered
by the senator from New Hampshire.
| Mi. WALKER desire SIMPLY 10 make remark
with reference to what has just been said by the senator
from Illinois for, judging from the construction he has
placed upon my former remarks either did not express
~sia !. e = srss
the tenor OF my speech He has argued TINS
though had taken the position that the Senate ough,
10 declare that the taken by General Shields has
been vacant since the ath OF March. Sir, have
taken such position The senator has also asked if |
have forgotten various things which he mentions l
answer no; and that never shall forget what has tran
sPlred here But sir, while remember all this. do not
think my past action language uttered this chamber
brings me 10 the position OF coniendng thai the Senate
should declare that the lately occupied by General
Shields has been vacant SINCE the 4th OF March last
MIR. DOUGLAS. The senator from Wisconsin has
understood my statement said that did not believe
that the senator from Wisconsin prepared say that
such was the fact that such part should
be adopted Hence stated that this resolution with the
proposed amendment now before MS for consideration,
ought not pass | desired by my statement Simply TO
encourage the senator from Wisconsin in the view
he had taken of the subject
Mr.. WALKER thank the senator from Illinois for
his encouraging advice; do certainly feel encouraged
and would therefore. that, taking into consideration
everything he has said IN relation TO the OF Gen
Shields, would give to has queries the plain smpe
swer that appears that the for the Senate
to pursue is to declare that notwithstanding Gen Shields
was senator dc tacto yet that he was such under void
Mr.. FOOTE Perhaps may have misunderstood the
senator from Wisconsin 10 the position this subject
which he occupies thought, when acquesced IN his
amendment yesterday that be maintained that the cleo
ton not VOID.
Mr. WALKER. That subject is not before the
Senate was supposiDg, in the remarks made, that
the amendment offered by the senator from South Caro-
lima Mr. CALHOUN to be voted upon, and that
We about TO declare that his election TO the Senate
of the United States void from the beginning and
that is the subject now before the Senate
Mr.. HALE. | desire TO say few words in explana-
ton OF the motives that induced me to submit this
luton. The efforts OF those who oppose the taking up
and passage OF this resolution appear have refer
ence to what we have done, to what ought 10 do ;
but II seems that, the abundance OF their wisdom II
becomes necessary 10 pass sort OF resolution 10
struct the governor OF Illinois his duty and the State
Legislature in their duty. Sir, shall be doing all that
and have little generosity for other legslaors-consd
ering that all the wisdom of the land not centred In
the Senate, and that the good people OF Illinois, IN the
exercise of their legal constitutional privileges have ap
pointed Legislature to take into consideration all matters
affecting the interests of the State and that that legisa
tue probably lind out what their duty is without
celying uncall ed for advice from
How does the present itself, and what the
facts before us, conning ourselves strictly TO the facts
General Shields certainly here, and by authority OF
the Senate acted as member OF the Senate; and
suppose while thus acting that he could have performed
any Of the duties which competent 10 per-
form. Gen Shields here and participated in the
action OF the Senate for several days; he resigns and
goes home; and | put the question TO honorable
gentlemen suppose he had presented himself al
this session, would have been discretionary right IN
the Senate to have passed resolution OF this character
10 have acted his claim, when he had present.
ed IT. when he had not asked Tor seat IN this body
Surely nobody would contend that, IN such state oil
facts, it would have been discretionary right for the
Senate the abundance OF their wisdom, pass
linton declaring that be was not entitled TO seat here be-
fore he asked for IT, Sir does the case before differ
principle from the have supposed, where he had
moi presented himself: Gen Shields here, took
has seat; certain preliminary proceedings were adopted
but seeing the state OF facts existing he has resigned
and how ask does the present aspect OF the differ
from that which / have stated, wherein he had
presented himself?
Sir il has been the common practice of this body to
notify the executive OF State whose senaohas resign
ed of the fact that he take necessary action with
reference TO that resignation THIS notification has al
ways been made Immediately after the resignation Of
Sir il, because OF the abundant caution OF the
Senate this notification TO be made; If Is the
opinion of the Senate that the governor OF the State oil
Illinois is competent has not the authority to APP
point General Shields, prefer stating the
fact plainly the legislative authorities OF Illinois, rather
than be guilty of the act OF dscouresy which shall
perform If withhold this notification. Alter we have
pursued the ordinary OF procedure OF this
description, If gentlemen do not think have gone far
enough If something Is regarded as necessaryto be
done, why, then, proceed to pass this resolution
If il is not thought TO be supererogatory.
would here say single word with reference TO re-
do ,vf irorn
about vndicating the privileges OF the Senate. That
senator states that this is not question OF privilege
Sir If does be possible, In the compass
OF Infinite wisdom, present combination OF cIFcum
stances which should present here question OF privi
lege, if this goes, to the very existence
II DUE then TO the dignity and the honor OF the Senate
that should take such shall vindcae from
any aspersons that may be cast upon ii of endeavorlng
10 bTlng discredt upon State and upon individual
sent here represent that State As said before, the
ordinary courteses OF life require that should adopt
the usual course OF proceeding matters OF this cbaracter
that should notify the executive of the State of Hi
nos OF the resignation of General Shields, and them it
is thought by that have gone far enough,
we can take further action upon the question
Nr RUSK. have lisene! to the remarks of the gen.
emen with reference TO the action of the State OF Illinois
upon this question with attention, and consider them u
the least, totally out OF place certainly be
assumed that the judgment Of the Senate on this question
control the future action OF sovereign State of this
Union II could only be looked upon in the way of ad
vice; and think we had better with hold advice 10
a sovereign State until asked it; can have no
binding effect upon the State Sir, of what effect this
resolution at the present time? The resolution AT the
time il was presented by the committee before Gene raj
Shields resigned, could have had the eHeo, to vacae