The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-14


Mr. FOOrE. Will the senator allow me turtle
remark. | DO not feel authorized TO argue that point
But the gentleman seems to have overlooked the mar
lea which endeavored TO present to the Senate and
that was that II my object 10 give the from
Illinois full opportunity te avail himself of all the credI
% which he would be Justly entitled, by the execution
Of his own determination, soemnly announced TO the
Senate wished his act to be voluntary, and con-
pqisory desired that he might have :he opportunity
regniag has seat IN this body, and then throw himself
sgain upon his own State
Mr.. Blu TIER We are required to support the con-
siiuton, SIR, ana can make no compromise win my
conscience on that point Ii think he constitution
aly lake ms seat am bound 10 give hun the opportu-
nIy; ADD II think be claims seat illegally, shall feel
bound TO vote according to my convictions, regardless OF
other considerations Ii Gen Shields now, or any OF his
friends ask tor further time 10 furnish further evidence
viii regard 10 the paper now subm ed- he can clam
naturalization by relation TO his father, or in any other
way twould give HIN time to produce has evidence but
cannot vote Tor delay unless upon such request when
inconsistent with my view OF the constitution itself.
Mr. FOOrE here with drew the suggestion thrown out
by him when last up. IN relation TO resignation by
General Shields OF seat IN the Senate. Upon reflection
he was that such course could be taken
Mr. BERRlEN. have listened with qualification as
presume every senator has, to the remarks OF the gen
eman who has claimed seat IN this chamber, and upon
whose clam report from committee has been made
The course which he has indicated is, in my judgment
one which is right manu, honorable to himself, and
Just TO the constitution OF has country; Tor hold that al
though according TO the report of the committee and The
principle affirmed that report, he is not qualified TO
take his seat IN the Senate OF the United States yet he Is
recognised and justly entitled to be recognised ciil
zen OF the United States The which he has midi
Gated say is just to the country, and honorable 10
himself; and have regretted thai any discussion should
have taken place upon this occasion calculated TO OBJ
sruc that course, as think the motion OF the honorable
senator from Mississippi will do should have preferred
that he should be left Tree to follow course 50 Just and
honorable.
Sir cannot entertain a doubt myself of the correctness
OF the report OF the committee cannot conceive the
idea of eligibility in individual to office, which Of
ace he cannot NIL al the time OF his election. cannot
power conferred upon by the constitution OF the United
States can elect one who IS ineligible to the ONCE oil
senator. cannot reconcile myself to the idea that
snce by the constitution, the term OF office is limited to
years, that term OF office should be made TO COM
mence al time posteor TO that at which should COM
under the constitution, and when he should regu
larry take his seat But do not 10 discuss that
constitutional question wish merely to suggest to the
honorable senator from Mississippi that the which
he proposes to the Senate 10 pursue is calculated TO
obsruct the views which he desires to advance So long
this question remains undecided by the Senate, there
be vacancy in the office Of senator from Illinois,
which the legislature OF Illinois can MI. They have
acted upon their constitutional right and have elected
person be senator in the Senate of the United States
HIS credentials in the ordinary form There is no
evidence that he is entitled To until the report
Of the committee, which is totally imperative until II
eeves the sanction OF this body 1t will be mpractcabe
then for the Legislature of illinois 10 proceed to nufy
their act by second election. Until that election
declared void, there is nothing upon which they can
proceed The course therefore, indicated by the gentle
himself. il seems to me, will De INSTRUCTED by post
poAng the consideration OF this question until the tune nd
Gated by the motion of the senator from Mississippi II the
legislature OF Illinois session, such state OF
things ii would be impossible for them TO proceed to a
second election without multiplying their first act II that
postponed to that time, during lis contlnu
ance the legislature will be incompetent TO act We
know by the evidence before us, that General Shields is
already citizen of the United States already honored
BY the confidence OF the people of Illinois. We know
that he WILL October next, be qualified to receive the
honor which they designed to confer upon him, To that
people he indicates MS desire to make appeal II
seems TO me that II is Justly due that obstruction
should be thrown in the way of the which he
HIMSELF upon reflection, has announced his determination
to pursue.
Mr.. DOUGLAS. The state of my health will not
allow me 10 state many points upon this question My
Object IN using is to suggest TO the Senate that the reso-
aion OF The committee Is perhaps based upon wrong
construction OF the constitution III declaring that this
election void. think, sir, examination OF the
constitution OF the United States viii satisfy the Senate
that tins election not void whatever may be their
opinion upon the right OF Gen. Shields al this time to
hold seat in this body; and if II was not void l. as
Senate should say that the Legislature OF Illinois could
perform void act | think that other terms could
be usei that would be more delicate, and | firmly
believe more consonan with the truth The constitution
OF the Uniel States prescrbes three requisites to render
an individual eligible to seat IN this body The hrsi Is
thathe shall be thirty years OF age; the second that he
shaI nave been nine years CITIZEN and The thrd maj
be shall have been, at the time OF his election, lnha5l-
an OF the State lnhabltancy must exist al the time OF
election Thirty years OF not required 10 exist al
the time of election. Nine years citizenship is not re-
The constitution rs clear and specific upon the point, and
mas been so understood.
Sir, it was SO understood, | apprehend when Henry
Clay was elected TO this body at twenty years oil
age. Ii was SO understood, apprehend when Andrew
Jackson elected to this body at years oil
age, but became thirty before he took his seat
IL was understood, apprehend, when the late SEN
aor from Alabama MIR. LEwIsl elected, al twenty
four of age the other House. and became twenty
i've before he in Instances upon that point
In both Houses, have been nnumeabe Their eligibility
so lar age and citizenship concerned, was not re-
CURED 10 exist at the time OF election | will read, SIT
IRON the constitution:
No person shall be who shall have attained
the of thirty years, and been nine citizen
the Dnlted States. and shall when elected be ar
lnlabiant OF State for which lac shall be chosen
Should not I" be- unless thirty years OF age
and clIzen OF the United States and not them unless a
The time OF election he inhabItant OF the State
Both OF the first two qualifications, that OF age and Cit
lenshp are TO exist al the time the person becomes SEN
aor The qualification exist al the time OF the eec
uon which plecedes generally the period OF his becoming
senator by several months, and sometimes by twelve OF
hlleen MONTHS the OF the senator IRON Geor
ga, elected year or before he came
The constitution does not contemplate, therefore, ina
those two claims shall exist at the Tune OF election Bu
nhabltancy required at the time OF election IN orde
oprevent the abuse which existed England, where
person in district could be elected IN another, anC
move into IL The object them In requiring that quail
hcahon TO exist, was that lnhabitant OF one Stat
should not be elected in another; and alter his elec
on and before he becomes senator INTO that state
Hence ii required inhabitancy qualification a
The time OF election. There have been some decisions
IN the House of Representatives which bear upon I'M
iht; but do not deem II necessary TO go into that De
Cause hmly believe the language OF the constitution
carefully examined will show that this Is the true con
slEuclon upon IT.
And sir | regard il important that give true con
supcuon IN this case Tor two reasons First,