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

f'her strong language, IN mpung TO the senate want
OF courtesy. HIS language implies something Oh suo
stance He intlnates that design exists to ofer an IN
suit to the State OF Illinois, and that that manifested IN
our refusal to accept the resignation of an office which
mas never been hlled deem II to be matter altogether
supererogatory TO send communication to the Execu
1--WE OF Illinois, stating that the office OF senator has be-
come vacant by resignation IL would be more than hal
would be untrue The office has not become vacant
oy designations has become vacant in very different
way; Sir donot stand here to vindcao my motives to
this boty to the public aud | assert only what
my feelings when say that the fame of Gen Shields is
mingled with that OF OF the heroes of my own State,
and that would be the very last offer him In
dignity
Mr. UNDERWOOD. owe it to myself, think, to
make few remarks upon this question: although am
aware OF the impotence of the Senate cannot vote for
this resolution which it appears the majority about
TO force us to adopt and wish to assign the reasons
why cannot vote for 1t, and why think It ought not to
be adopted The controversy, sir may have narrow ed
down 10 the meaning OF words Perhaps, in the opinion
OF some il has TO that but, in the opinion of 9th
es, there is substantial difference between the views of
the majority who are about TO adopt this resolution, and
OF those who think it ought not be adopted The Ian
guage employed in the resolution conveys IDEAS in the
truth OF which | have no belief and against which
rise to make short protest This resolution says that
the election OF General Shields void and the gentle
man from Virginia has given definition OF what he
means by the terms Uotd and Uoidabie. Sir, with
great respect for that gentleman, | do humby con.
celve that he has mistaken the legal definition Of
the terms altogether. He says 'void" is that which
never can be made good and voldable' that which
may be made good. think it is not sir According
that which never possessed any validity tbs that which
was nuy in its inception nulity at the beginning,
nullity at the end, and nudity in all the intermediate
stages That is the thing that is denomlnaed void" in
law. Now, sir, that is the idea intended to be con-
veyed by this resolution, deny its truth in point OF law
The gentleman from Virginia made his argument sucidaI
for alter giving us this definition, he inmaed that the
office was filled, and that the and privileges OF
the office could be egitimatey exercised by the person
filling it. Now, if that be the case il certainly cuts the
throat of his definition OF the term "v void"
Sir if this Office exercised by Gen. Shields, while he
was here, be void in legal parance, it is no more than IT
this Senate had allowed any other man from Illinois
up any Methodist preacheror have one in my eye who
lives in. that Stae-and have allowed him to vote as
by the senator from Virginia, not applicable TO this sub
iect Now let us see, you please how this thing will
work itself out; and if does strike every member
here extraordinary, q will not say diculous) will
give up. You required to keep Dnal of your
and you begin by recording the OF those
who constitute the body and when one OF the number
to be member you omit his from the record
And now you enter upon your journal that Cen Shields
had right to sit here at any me that his election
void a5 tntio; that is the language of the resolution
And, IN your journal you have the yeas ana nays,
showing by whose votes laws passed Here is an
act passed by majority of the of the Senate which
majority comprehends the vote of General Shields among
others and, upon reckoning the number OF affirmative
and negative votes if you do not count his vote, the
jorty will be the other way put this case by way OF
illustration. Ii SO in the New Jersey case. Here,
then your journal shows that you take away the vote
of General Shields you passing laws by the votes of
less than majority You are passing laws, then, by
the vote OF man who has no more right to vote than If
he had never held commission at all Sir, is that true
Is it not prepos.erous to suppose that 1t is so
Sir this is but vodaole election; ii is not void.
What gives the right TO an oice Is not the conms-
sion which the Individual receives What gives the
right tract OF land Is it not the letters patent which
issue from the government under the great seal Tell
me- if you can, in legal point OF view, why the same
Formally, under the great seal OF the State under the
official seal of the governor of the State will not give the
right TO exercise an office, well letters patent
aside but while it is in force the title exists The pre-
requisites upon which the grant IS made may have
been fraudulent and the patent will be subject to be set
aside that account; the government may have been
imposed upon by man who pretended to be soldier,
and entitled to his bounty land in virtue of his military
services, when at the same time he had rendered no
vice at all When you find out the want of qualification,
as in this case you take away the commission SO
in the Of the pretended soldier you take away
the patent But sir, while the grant remains in full force,
the soldier this pretended soldier rather can GUST any
person in action OF eecment He has the title OF the
government and the patent IS never repealed he holds
the title orever and of this title to office under the
commission OF the governor OF Illinois The Othce Is
held, and legilmatey held until the commission is taken
away. Now, what is meant by "vodable" in law!
thing that is merely vodabe in law stands valid until
VOID IT, 10 illustrate: an infants contract is void
able. Ii he does not choose to rely on the infancy
stands valid You bring suit against hun. If he does
not put in plea of infancy, you obtain judgment, and
sell his property under execution variety OF other
instances might be mentioned But the idea that have
of the term "vodabe" that the thing stands as valid
untll III IL NuCu Is tue Case mere ne COLL
mission of this gentleman sands valid like the patent,
until by the action OF thus body IS nulllhed and vojed
Ii is good until act upon it, But here we have reso
luton which proposes TO declare that the election
from its very inception VOID Sir, 1t sometimes occurs,
election, that individual is elected to office by
illegal voteA But is necessary to valid election that
he should receive majority of the votes OF all the quail
flied electors who go to the polls. But A. b., having
ceived majority of the votes gwen although not
jority OF the legal votes
Mr. HALE If the gentleman will yield the floor,
xUil mr. ya hiatt ha nate adj
Mr.. WEBSTER. If the honorable senator from Ken
lucky is willing to suspend his remarks desire that the
subject should be passed by, in order that may have
an executive session
Mr.. HALE. | will move, them that the further con.
sderalion of the subject be postponed until tomorrow.
The question being put, the motion was, upon di.
vision, neyatved-ayes Is, noes 30
Mr. UNDERWOOD | shall be brief. was putting
in which individual is elected by illegal votes,
but obtains his certificate according TO the legal form.
That certificate, contend constitutes valid election
til it is set aside by the competent tribunal The man
that elected does not himself know that he Is elected
by illegal votes. He is perfectly conscientious in holding
the office; and if you do not say that the forms of law,
that have been observed until the investigation takes
place. render such election and return valid, what do
you doi You impute to him who holds the Office the
frauds that have been committed by others The
universal practice is to regard everything good and
valid until investigation takes place, and defects
discovered And here sir is case brought up in which
you going to violate all the principles Of law, and de-
ermne that this election nullty alb intio and that
the individual never had any right to hold the office.
And to nulity: the doctrine commended for results
in this. You have determined that this office never has
determined that all the proceedings of the State authori
es well 4 the nj the