The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-07
In CONGRESS OF THE U. STATES.
TUESDAY, MARCH 6, 1919.
SENATE.


TUESDAY, MARCH 6, ls49
SENATE.
The Hon. GEORGE f BADGER having been elected a
senator from the State of North Carolina for six wears
from and after the Attn March instant appeared received
the oath oil once at the hands OF the Vice President and
took his seat.
Mr.. CORWIN presented the credentials of the Hon
SAMUEL 7. CHASE, elected senator from the State Of
Ohio, for years from and after the 4th March instant
Mr. CHASE appearing, was duly qualified. and took his
seat in the Senate.
SENATOR ELECT ILLINOIS.
Mr. DOUGLAS | rise to ask that nv colleague
JAMES SHIELDS, be a member of this body
ask IT as matter OF right the part OF the State of
Illinois
The VICE PRESIDENT stated that there was reso
luton upon the subject Enacted upon.
Mr.. WALKER moved TO take up the resolution
Mr.. MANGUM requested him to withdraw, in order
that he might present resolution for the appointment of
Mr.. WALKER acceded.
Mr.. MANGUM offered his resolution to continue the
committees of the last session. and give the Vice Presi
dent the power of filling vacancies
Mr.. DOUGLAS | rise to question of privilege and
DO IT without concert with my colleague, whom ask
shall now be sworn. do it as the only representative
from the credentials now upon the table that James
Shields duly elected by the legislature of Illinois for
six years from the fourth of this month His credentials
in form 1t appears therefore, from those creden-
tals that he is entitled to his seat His case is precisely
in the same shape, and the authority in this body
as that of every other senator who yesterday
or has been to-day. Ii there be objection as to his
eligibility that objection must arise after he is sworn and
admitted to his seat This body has jurisdiction in
this matter until he has been admitted into the body and
It then becomes question whether he is eligible and
he has right to vote upon the identical question OF his
eligibility, and upon all other questions until the Senate
shall judge him to be ineligible.
Such, sir, are the uniform precedents far as have
had opportunity examine Them and think there is
no exception TO the rule In the case of Mr. Galatn, he
sworn and held his seat He voted until the Senate
Judged the question of eligibility against him and then
he was turned out In the of Mr. Smith of South
Carolina, the question came up upon his alienage He
was sworn in and after he was in, the matter
Mr. BUTLER. What case is that?
Mr. DOUGLAS. The case of Smith, of South Carroll
Mr. BUTLER. Where do you find it'
Mr.. DOUGLAS. In the record of contested elections
Then there is the of Mr. Rich of Michigan Here
the question OF aienage also arose, after he
and admitted to his seat l think you will find that in
every case with but one exceponand that excep-
ton does not constitute an exception because the facts
appeared upon the face OF the cercatehey have been
forwards raised and decided If the fact appeared upon
the face of the certificate that General Shields ne-
bu i the Certificate Ha shows him to aye p bee pc
duly elected the presumption is in his favor and he has
a right to seat until you can adudge him ineligible.
All that ask, sir, in this is that the State of Hi
nos shall be treated other States have been treated
If there can be shown in which senator has
been deprived OF the ghtto his seat in the first instance
where his credentials were in due FORM ask SIR why
should the exception be made in this case speak sir
not in behalf of the claimant this seat; speak for the
State of Illinois, insist sir, that if you calling
sented it would be my right and my duty present those
credentials and he should be and allowed to vote
upon the indencal question then pending
Sir, call upon the Senate TO pause and examine this
question The Senate is not yet organized No business
be done until the constitutional rights of the State of
Illinois have been acceded to- do not say that Gen
ia 10 INIh In fhn
know nothing OF the The time for examination
of the facts has not yet arrived But sir know from
those credentials upon your table that he has been duly
elected that those credentials in due form that they
are in such form as to make it matter of right that
he should be allowed to take his seat know sir that
you have sworn in other senators upon credentials den
ticay the same these. So far as know, this body
never refused that right to any senator who has been
elected has been done in the other House So far
have been informed the question has always arisen
upon the eligibility OF any member after he has been
sworn and admitted to his seat.
shall throw no impedments in the way of any ex-
animation which shall then be made 1t will then be
right to have investigation But sir, this body have
right speak it with respectful reject without ex-
senator who presents his credentials from
sovereign State when those credentials are in due FORM
showing his right 10 a seat here.
The VICE PRESIDENT The Chair is informed that
there is resolution in relation to this subject upon the
table.
Mr. MANGUM remarked, that at present there were
no committees, and sent to the Chair the following reso-
luton:
Rssolued That the standing committees Of the Senate
the close of its last session be reappoined that the
vacancies therein be filed by appointment by Vice
President.
The question about to be put upon the adoption of
The resolution; when
Mr.. DOUGLAS rose and said: must again rise, Mr.
President, TO question of privilege and that my
colleague be qualified as member of this body.
The VICE PRESIDENT inquired whether the senator
rom illinois made the motion that the elect from
illinois be now qualified.
Mr.. DOUGLAS. Yes, sir; insist. | say that Gen
Shields has right to vote upon the question of his eec
ion
Mr.. MANGUM, I am very much inclined to think
that the senator from Illinois is right upon the matter
The credentials. understand, due form, person.
ally authenticated under the seal of the State and this
prtniu jac,e which should admit him
TO seat. The subject will be open afterwards whether
he Is entitled to retain that seat not simply
state this view therefore, under this impression, with
draw my resolution for the present.
MIR. WALKER. l only withdrew my resolution to
enable the senator from North Carolina to submit his
motion for the appointment of committees. therefore
renew it, and in doing shall wish to give some
preston OF my reasons for SO dong
The resolution was then read.
MIR. TURNKEY remarked that he presumed the resolu
tlon was not yet before the Senate.
Mr.. DOUGLAS. Allow me to say that the question |
is, whether James Shields shall not be admitted to seat
on this floor! claim that a privileged question.
The VICE PRESIDENT stated that to be the ques-
ton.
Mr.. TURNKEY | hold, then, that he has prina facie
right to seat and is not in our power to exclude HIM
his individual action prevent the qualification OF
third the members of this body, by submitting motions
for the reference of their credentials! Would it be in
the power of single member thus to keep cut OF their
all the newly elected members, Tor time,
not tell how long, while the committee should be engaged
tho ha hof .,,ck