Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-03-20
UNITED STATES SENATE.
[Reported for The Baltimore Sum-.
W h"HiNuIUtff ''EutSI =.
Galleries Crowded. Prayer by Rev. Mr.. Sl


Galleries Crowded Prayer by Rey. Mr.. Sill
Ger.
The Vice President stated his intention TO re-
tire from he CHAIR to-day with The view d atfor-
ding 10 Inc Senate lie opportunity Of performing
The customary duty OF elecing President pro
temp0rs
Mr Archison presented the memorial OF the
1 Delegation OF western Cherokees, praying hat
/ commission may be appointed 10 adJust The claims
| al that na.iCn undeI The l lin article Of The treaty
/ Of 1885. Referred 10 the committee on Indian
| Aff,ils.
Mr. Davis, Of Massachusetts, presented certain
papers from he Committee on Commerce, III re-
! la;,on 10 explosions OF sieam-boilefs, which were
oitcIcd 10 lie on tie table
| Mr Butler hat leave 10 Withdraw snntTy pa
IS win view 10 their presentation Al the de-
| partmenis.
On moion OF Mr.. Mason, 1000 extra copies
Of The Journal OF Capt. Cook, who accompanied
| the hic,mons 10 California, were ordered 10 be
printed.
Nj. Turney moved that The resolution submit
I ted yesterday By Mr.. Hale, requesting The Vice
Pres tent 10 iGtorm The Governor OF illinois Of he
resis halion oi Gen. Snltlis, be taken up
| ~. Walker conceived that there were hutlwo
/ questions egi lmaieiy before The Senate, III con-
Le.iun with lhls SUBJECT. The FIRST was on Inc
/ aiopi ion OF the committees report, and the other
! was the aIneEcmeni Ia that report proposed by
the senator from Souih Carolina, MIR. Calhoun
lie hoped .hese would first be disposed oil.
Mir Tutney was IN favor Of taxing up Mr..
! Hale's resolution because, II seemed 10 HIM, II
| disposed Of The whole business.
| Mr.. Foutc was surprised lha. there should be
| any opposition 10 motion like this, dictated by
| kind feelings and sound Judgment. He conien.
Ged that they had lost jurisdiction OF The case by
the RS gnailon OF General Shields.
Mr. Walker referred 10 he tears Of Mr. Doug
| lass, that the action OF The Senate might prevent
the filling Of The vacancy by he Governor vi II
| linOis-lhat IL WcuJ be more favorable Tor the
State that lhe seat should BE- vacated by resisDa.
tlon than by Declaring the election void. He
\ could not view the case IN this lisat. For il The
Governur should appoint, even in The event OF
the ACCEPTANCE Of In resignation, the Senate, al
The aeSl session, would sci adhere 10 is present
| evident views, ard decite against the power Of
The Guve.avr > fill such vacancy.
/ Nh Douglass had 10 apprehension TIA! The
! Governor 0! LIMOS would make an error. He
believed him fully qualified 10 Judge soundly.
| Am! h. though, that tne senator from Wisconsin
cd me Senate great injustice in answering that
| they would decide that The seat had been vacant
since the 4lh OF March. He commended that as
| ;ar credentials Of Gen. Shields had BEEN pfesen-
rtd on u 5 h ui March and as on he 9Th he was
1 sworn III and took his scat Senator from IL
linois tina. seat haC been as fec uSliy it., UG-
III vacated ~ The action OF The Senate, as il
would have been had 10 doubt ever been raised
az to his eligibility. The acis OF DC fate Off
GER exercising the functions OF an officer, ale
entirely valid and binding white 50 exercised,
and had been decided So 10 be, repeatedly, by ihc
| Supreme Court The seat OF Gen Shields there
lore, vas moi vacant, unn, 50 vacated by his re-
signatou, u declared 10 be 81 BY this body
Mr.. Hale thought the Go7ernor and Lesisla-
tire Of Illinois were fully qualified as to their
| proper course Of action on ;hIs Case wihou, any
) Instructions rom this body. lie ccnIended hat
! General Shields having Withdrawn all Claim 10
seat, il would be i!aecufvus aud improper Tor
I. st1aie 10 express any opinion on The subject
i -.r-f ne case stands precisely as il would have
: stJc. ~ General Shields never have come here,
any decision OF the question Of eisi-
| oir, : Involved.
Mr.. ask said that the Language Of the Con-
situation was sufficiently exp icI without any de-
cision here, in the shape ot instructions 10 The
State If Illinois; and all, il seemed 10 him, that
va. required II them wa, to extend The usual
courtesy 10 The Stale, by Informing The Governor
OF The resignation.
Mr.. Badger should vote against taking up The
motion ui the Senator from New HamI shre
(Mr. Ialr) and IN favor oi taking up and dis
poSn. oi The report ol The committee. General
shields had taken his seat upon Puma focie GER
tihcaie, which, on examination, had been found
10 be void. lie had net seen any reason YET,
however, supposing The resolution OF the commit
ee 10 be adopted 10 satisfy his mind that The
Governor Of Illinois would not be competent 10
til the vacancy. And il. by some iGherent de-
feet. the ceri. ate or cleo ion had been, abinttio
Yoid he acceptance OF General Shields reslgna-
ion, now, would not give ID The Governor any
power whlct ~ you'd not otherwise have pos
sessed fill Inc vacancy. He in>isird iiet mere
had MOI been since the iih Mach any Senator
from Illinois oiGer than Mr.. Douglass, rishIiu!-
ly on this lor; and he conceived II the duty oi
The Senate 10 decide The question al once, either
by Inc adoption or rejection Of the resolution.
Mr.. Downs thought il entirely unnecessary
Tor he Senate 10 continue 10 SIT there, ana DIS
cuss abstract questions, which could MOI, in any
| way, be productive .. PRACTICAL consequences,
whicn viii ma Ike no difference III regard 10 the
| final r >ul, N Illinois. As tn case now stood,
ihey had 10 jurisdiction OF the question, and hal
| no rleh' 10 >ay wbal should, or what Should not
be- the course uf NE Illinois legislature, until an
other certificate was presented Tor lhelf cohside-
ration And ne further contended that General
Snleds, having been admitted u his seal, was
legally mem rr nnil elected whose resgEation
hey had no oower whalrve: 10 refuse.
MI JeHrIeDD DAVIS CUU> lGtItu me ttUpei " Il
resignation here az merely request Tor leave
| Il ab.ence The Senate was not surely he
body 10 receive such 4 note. To the Governor
or Legislature OF his own State from which his
appointment, comes, should his resignation be
ar.scnied But he conceived tia; General
S1lclds having Withdrawn al claim, tnr Senate
al nulhlng 10 do with The mater. He could
| resign 10 'nc Governor OF his State, II h. chose
| 10 10 so. And, in conclusion, he moved 10 a'
| ne motion IL proceed Ia the consideration ol
| Mr. Hae's resolution, on the table, stating tha
| Il shat motion should prevail. ne should The"
move 10 Law the whole suD-ct also upon the
| an'r. unless some other member should desire 10
| address, he Senate.
Nj Davis motion was decided In The attf-
| naive b. yeas amt nays-33 10 10.
The QUESTION Then heiag On The report and Tc-
>rtuiion II the ,cmmitcc, Mr.. Mas u addressed
| he Senate. he d;i no. conceive that The reros
ii he committee Or The action OF the Scnac
hcseon, was alta, dercgaiory 10 The honorable
| gentleman who was the choice 81 his Legi>la-
| tnre He concuired with Inc Scna'orlrom Mis-
| ,i,sippi. Mr. Davis hat Gen Shields could Oh
Is resign 10 the Governor Or Legislature Of the
stare from which h. comes. The proper couf>t
+! THE Sena'e was 10 declare he election void
AMI SIMPLY inform the Governor OF the action o.
the Senate.
Mr.. Ru>k said j. seemed 10 him they were tall
! ing inl. an error in regard 10 designations.
| fes,saatiun was Dol The assent which The Senate
Or the legislature gives 10 il, hut he voluntary
&c; oi tie Senator h,m,eIf. Toe moment he ten
isfed his resignation, H. had ah.oIyed himself
lr.m al duy,o he Senate or the STATE, without
any communication having passed between him
ard Ghr authorities ~ me SAFE. II was, there
fore 10 his mind bai courteous, proper, and
| .i.at, that me Governor should he notified Of the
resi,G-;l y.
Mr.. Jsf,rs7n DAVIS then made his motion 10
lay ne whole subject Upon the table, and ii was,
oy yeas aud nays, decided in the negative, 10 10
3D.
The question hen being on Mr. Calhoun's
ameadmen., yesterday reported, Mr.. Turney rose
ami stated, 'ha', 70. the reason ina h did not
conceive there was any ques ion legima,ey BE-
! fore tns Senate, h. should vote reibe: on he
| aalentment ror N tie resolution. He insis!el
ma, il vas The oaly p.oTcf course Tor he Senate