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

gtnIItInan QUdI1Itu
when BY the terms the credentials be should take his
in the body is il possible that any acnon oil ours
change the existing state OF things! II ne Is nov
qualified that day, the Office rendered vacant by the
expiration OF the continues vacant. IL cohuhues
vacant and action OF ours can change tna STATE OF
things arising from the application OF the principles oil '!ie
TO the circumstances OF the case desire sit
to say, in the course pursue this OCCASION that
fulfilling merely what consider constitutional duty,
not indicating the privileges OF the Sanate, and GER
any DESTROYS OF showing disespect 10 the State
of Illinois the HIMSELF believing that State
much interested any other State the enforce
ment of the principles of the constitution SO lar from
any desire to manifest discourtesy towards the gentle
man. il | could have had such feeling anterior to his
explanation yesterday, should have no such feeling
now. 49,
reply to nv friend from Georgia. because the question
is now narrowed down to whether the governor OF
Illinois have the power to hill this yacancy or not
think that the senator from Georgia will, upon reflection,
be convinced that he in error IN supposng mat tnis
was actually void at the time that took place ana
can get the attention of the Senate think can bring
them al least pause before they pass that resolution
This election took place in January NOW could the
legislature of Illinois, in the month OF February nave
elected another TO take the place OF Judge breese
whose term would expire the 4th OF March, after hav
ing elected Judge SHIELDS Could they have proceeded
to elect another senator, until Judge SHIELDS had re-
signed, until his seat was declared vacant IN oihef
words Gen SHIELDS having been elected by the egsa-
the of Judge Breese, and ms Credentials
having been furnished to him. could that legislature have
proceeded to elect another senator 70 MI Tue same va
cancyl apprehend, sir that it could not be done. The
vacancy far filled to preclude the legislature OF
Illinois from going into another election, until the udg-
%en OF the Senate aGnId Ss had upon s
The credentials had been furnished and the credentials
were of such character that this Senate compelled,
by their convictions OF what was due to me consa0
legislature of Illinois now, without any resignation OF
General SHIELDS without any act OF TINS body, de
clare the seat and proceed to MI the h vacIae Dy
tue stopped from making another election until !he
decision of the Senate had upon the validity OF that
which hal been made. The constitution OF the United
States provides that State may elect senator and when
elected the Senate of the United States IS to De the Judge
OF his qualifications The State has done its duty L has
done all il could do. Its power has been exhausted II
stopped from another election until decision OF the
Senate Under the constitution, had been had The Office
OF senator was hels filled up the period OF the re-
signaon all the decisions of this body TO the con-
ray cannot change that fact 1t is the action of this
body then that creates the vacancy The vacancy must
take place upon the date of the action of this body or
the State of Illinois fill the vacancy; for if il be the
CASE sir, that vacancy exists until tins body
decides this queston-ths body being Entrusted by
the constitution with the decision OF that question
how can it be said that the election was void, and
that there has been senator here THAT no election
has been had appehend that it cannot be said under
the constitution. apprehend that the office OF sena-
tor from Illinois has been filled from the 4th OF March
until the present time but os been filled by person
who could be ousted It has been filled in legal form BY
the action of the legislature But the tribunal consil-
seat and in that CASE from this day the vacancy takes
place, and not from the fourth day OF March
And sir, | will call the attention OF the senator
from Georgia TO another argument-to the question !
put when last up, whether, he having voted, his votes
were not legal-vere not valid? The senator shakes
his head tell that senator-and It is with great defer
ence tell him legal propositonl tell him that 1t has
been the universal decision that the act OF de fdcfo
member was valid. | show you acts OF Congress
which passed al the last session by The casting vote
OF sitting member, whose seat was Afterwards vacated
can show you long list of acts of this government
laws of the United Staies-which have been enact
ed by the casting vote OF sitting member whose
seat afterwards vacated Those votes were
valid. Those acts OF Congress were valid, they are
all laws of the land now. Then. sir, il | am right
the position that the votes gwen by Gen. SHIELDS
valid, upon the principle OF former votes given by
sitting members whose seats were afterwards vacated
shall be told that the seat has been vacant all the
time' If SO, you must go back and expunse all the
laws on your staute-books, passed III such manner
insist, therefore, that the has not been vacant Ii
has been filled constitutonaly. Ii you shall de-
clare it vacant then commences the vacancy and not
till then The governor of Illinois has night to NIL that
vacancy, being which has occurred during recess
OF the legislature
Mr. BUTLER next obtained the floor, but gave way at
the request of
MIR. BEIRIEN, who said: ! will answer the inquiries
propounted TO by the senator from Illinois. lis first
question was, understand, whether election hav
ing taken place in January the legislature could proceed
TO second election in February answer, unquestion
ably yes If right in the belief that the election
January void; because the legislature had selected
individual who could not consttutonay take his
this body, and therefore 1t II the thing had not
occurred and notwithstanding the credentials by the
governor, they might have proceeded to second cleo
ton, when the governor would issue credentials
Both parties would have appeared here and the Senate
would have exercised constitutional authority and
judge between the two acts of the legislature.
Then there is another question. The question, be-
leve is whether they could proceed TO election ante
rior to decision by this body
Mr.. DOUGLAS; No. sir. That is included in the
former answer. The second question is this. Whether
the claimant is found Ineligible, and the seat is vacated
subsequently, his acts also void and if so, whether
acts of Congress passed by the of that sitting
Der valid, which they cannot be if the position
rect that there was vacancy all the time i?
MIR. BERRlEN The general principle, as under
member cannot nvadate the act of the body although
that act considered in itself, is invalid In the
pies which the senator from Illinois speaks of in the
House Of Representatives. the subject of controversy
the fact of election and not of the qualification Of the in
dvidual.
Mr.. DOUGLAS In some cases; in others il was upon
the point of aenage In some cases upon the alenage
and in others upon the fact of the election.
Mr. BERRlEN. Will the senator from Illinois state
case in which the fact OF acnage proved against
individual and act passed by the casting vote
of that individuals
Mr.. DOUGLAS. cannot now give such an example
but thinkl can look in the journal and show such
MIR. BUTLER. only yielded the floor for short ex-
panaton
Mr. BERRIEN. supposed the gentleman whose court
esy allowed me the floor, permitted to answer the
questions OF the senator from Illinois The ioor how
ever, is at his service, if he desires it.
Mr. BUTLER expressing his desire that the senator
from Georgia should proceed
Mr. BERRlEN said: desire simply TO state the prin.
cpie that the action OF member de fdcto shall not in
validate the action of the body, although the party had