The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-07

Gen Shields can adopt Tor hm TO show that ne 10 moi
endeavoring force himself here without right. We
should give him opportunity to show that he is entitled
the honor which he seeks to have bestowed upon hun
state OF the case and make manifest his right to seat
before he Is admitted than hrn 10 admit him, and then
expel him.
there is nythng in them which falls short OF magnan
nifty it is because have not just appreciation, and
incapable Of approaching magnanimous sentiments and
feelings But sir do not wish to resist what may be
by the Senate thought proper be done upon the sub
ject As have been called upon to state the grounds
upon which made my motion, unless objection is made
relating point Of order, will state those grounds
and in the statement of those grounds, viii be
ny to state the facts in the case
Mr.. BUTLER. do not rise to question of order /;
but il statements to 60 ia this way, it is evident
that they must prejudice the claim before the committee
think he entitled TO be and to take his seat
think the investigation should come up subsequently,
and should take place before the committee ana not upon
Mr. WALKER So thought, sir {, and delicacy has
prevented me from saying what msn, sv or ibs
other in the ADJUDICATION of this claim by the committee
/ concur in the sentiments OF the senator from south
Carolina, [A1r BUrLER am willing to respond to the
cali of the senator from Georgia. Mr. BERRIEN] but the
reasons which have been announced to the Senate have
induced to believe that 1t is better that the matter
should 20 before the committee as It is am willing to
give my tor my motion II IS necessary so
10 do but prefer sir, that different should be
taken say this an individual, upon my own respon-
sbility.
wish to submit a very few remarks upon the pre-.
cedents to which allusion has been made and what
shall say will be in justification of the which
have taken | desire TO follow the usual of pro-
ceedings in the Senate in similar did not desire
TO urge upon the Senate the adoption OF one course or
the REFERS but have examined several OF them.
The Of Mr.. Galatin, it seems to me, is not one
which ca can be quoted as for the sug
have been case where previous objection was not
made-Mr, Gaatin appeared, was sworn, and took his
seat II until after that done that anybody
him Ruf ia said that IN Drecpdpnt be
shown for the which have proposed and there
fore the Senate ought not to take that course am in
neccut once presented his credentials and proposed
be sworn. The question of eligibility was raised. and the
question was referred to a committee
MIR. DOUGLAS. should like to inqui whether the
of the senator from Connecticut not this that
the constitutional of the senator from Connecticut
had expired and that the legislature failed to make
election that the governor made appointment that
the objection taken that there vacancy such
authorized the governor TO appoint that he was ex
satsd on mat nat and mat mat tact upon
dence that he had such right! The reason Of the
clusion of that gentleman not merely alleged ine
gbily, but that it appeared upon the face of the cer
cate and he therefore excluded from the beginning
In all the other cases, the certificate in due FORM
milted the applicant to seat This very exception, be-
ing predicated upon different state of the facts, strength
ems the general rule for which | contend =,
MIR. WALKER resumed have not, Mr.. President,
examined the certificate presented in this case spoke
of these facts only to show that in anticipation OF
seat being taken here. the question of eligibility has
been raised II that did not constitute sufficient pecc
dent be ii Senators who have been here longer than
Ihave estimate the force of that precedent WELL
and perhaps Better than can and merely referred to
tcipaton of senator's taking his seat, this has
been made This is the first time when an individual
has urged his claim to a seat when the COLLECTION was
made beforehand l do not wish to be understood as
endeavorng enforce against Gen. Shields any
which has not been enforced in the of any other
49,, xho
will they do with the objection that has been raised
The whole subject vas postponed yesterday until today
Now, what is the Senate about to do with it, i was
that the senator shall be sworn and admitted 10 a
Be it 50. But it does seem 10 me that upon the
grounds have before staed-usce to Gen Shields, to
the State, the Senate, and to the countythe matter
should be refer red to committee.
Mr.. BERRIEN. | am simply DESTROYS to explain why
suggested the from Wisconsin the proprety
of stating the grounds upon which he submitted his
luton. In my Judgment SIT, such statement would
not be either unusual wanting in delcacy The latter
question: however, is for the consideration OF the ind
vldua called upon to act In regard TO the other, the
question OF practice, why, SIT, it is matter of
day practice, when senator is about to submit
luton TO the consideration OF the Senate to state the
grounds upon which he asks the consideration of that
resolution And surely Sir, it is the dictate of common
sense for when the senator from Illinois here and
asks TO be sworn, that he should be prevented from
being sworn by the mere submission OF an unexplained
resolution by another senator to involve
absurdity and act of gross injustice 1t is impossible,
when gentleman is being introduced to seat upon this
floor that he should be stopped by the allegation of
senator, or by the mere efficacy OF an unexplained
solution, raised by who could not consistently
ask the support Of any other 10 that resolution
Certainly, ii we to be called upon consider that
resolution if il be pressed upon and if it be introduced
rs an objection to the administering OF the oath, it is
right that should know the facts upon which the
oluton is founded. We cannot, before we know those
facts, be called upon to sustain II by our votes We
be advised of those grounds which would justify it
in the estimation of the But, it is me, per-
- fp1,ty I for,
formation, to assist in the observance and perform
of my constitutional duties merely AS the
from Illinois says, must ultimately go into the discus
OF this question Whether he shall wait for that
decision, or avail himself of his right TO a seat is
question for himself and for his particular friends de-
nary and proper to be pursued obedien to
constitutional obligations.
Mr. FOOTE. Mr. President, | feel that it would be
decidedly in bad taste under existing circumstances,
occupy The Senate with extended address. Enough
has been said, think to satisfy all that the motion Of
Senatorial usage, fairness convenience, beray parlia
nentary comfy, in favor of the motion before us
The admirable temper Of the Senate the general deter
minatOn apparent TO do Justice, and, whilst administer
ing Justice not forget the calls of good feeling and the
principles of high toned courtesy and the special claims
OF the worthy gentleman who sits patiently awaiting ou
decision upon question deeply involving his sens
of adding nothing either in the way OF argument or decla
nation, 10 what has been already said hope that we
may without further delay, dispose of the matter before
and proceed to the consideration of other business
The VICE PRESIDENT then put the question upon
the motion made by Mr. DOUGLAS, and il agreed to
OF office, and took his seat in the Senate
The question then stated uDon the following