The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-03-15
GENERAL sHIELDs--THE QUESTION
OF his EL1GIBILITY.
ssNArr, WspNGsDAr, March u, |

OF HIS EIlGlBiLiTN.
SesAr. WEpSEsDAr, March IA, 1919
In the Senate, yesterday, the consideration Of the
case OF Gen. Shields was resumed
Mr.. Webster one of the select committee, consen-
ted TO modification Of the resolution declaring that
the election OF General Shields was void he not hay
ing been citizen as required by The constitution 10
be a Senator.
The question was stated on agreeing TO the motion
Of MIR. Foote to postpone the further consideration
OF the subject until the first Monday OF December
next
Mr.. Douglass asked for the yeas and nays, which
Mr. Dickenson said that he should like TO know
whether the person most interested had desired 4
postponement lie had not asked for IL. II So there
was no reason for agreeing 10 the motion.
Mr. Rusk could not see that injury would result
from II. There little business 10 bo transacted
during the present session. BY the time Congress
again meets Mr.. Shields wond have time TO reject
on the matter. II he sees that he is Ineligible he
will give The Legislature OF Illinois an opportunity
10 I'LL the vacancy.
Mr.. Atkinson said that the friends Of General
Shields could introduce further testimony, or fur
Their cause why The party Is entitled 10 his seat, he
would vote fol- The motion. but he did not believe
that pospOnement would be al all beneficial 10
General Shields, unless he established something
further. Onthe contrary, he believed that II would
operate serious evil
MIR. Shields explained what he said on Tuesday.
lie should never return 10 this body TO subject him.
self 10 annoyance similar 10 that which he had ex-
perienced ever since he entered the Senate unless he
coud return, bringing with him ncontesiible evil
dence Of his eligibility and II the question not
decided Ia his own way. Az tho Comm unicnlon
which he had written hnd failed TO reach the COM
mitiee, and as The report OF the committee now
stands advers 10 him. lie felt ar he said the day he.
fore, that he should make no further effort 10 oppose
the committee lie submitted quietly, iaeilly, and
INCREASINGLY
AIR. Seward was unwilling 10 vo,c for the post,
nlh m inrnl INF al
! ration 10 act now, and implies THAT different ease
may be presented Al The mex, session. if the friends
of General Shields say that he will be able furnish
further evidence II IL due 10 the Slate Of Illinois Ia
| grant tile postpOnement.
Mr. Douglass understood his colleague TO state
distinctly tlat he hoped 10 produce evidence which
VIII render his seal incontes!be, ind, II he filled in
/ fhis Thai he w0nld never trouble this body again
| until he came here under new election or new
| appointment. st g#N
Mr. Seward had as lille respect as anybody conlt
have for the constitutional qualification, but he held
OF the same time, that il was the duty Of The Senate
10 meet the question Of The qualification Of Senator.
directly and promptly.
! Mr. Foole supported his motion for postpone
| mEni .s.f 4"
| Mr. Webster said that there wns only one course
10 be taken .onsistent with the body and the Stat,
Of Illinois In the first place, there Is no desire ex
pressed or in,inaied by General Shields fora urlhe
delay. Gen. Shields had taken manly and pair
0tic course, and nothing remained to be done but 10
acqmicsce In The course of the Committee. lie mus
prove thai he had been citizen Of the United States
nine years ON The fourth oil March last. Reproduced
acerIifcae, saying that he applied for naturalization
In October 1910. He has not been citizen as re-
I CURED by The Constitution 10 be Il Senator, nine
years. therefore, the election s void having fallen
on person not competent TO dischnrge the functions
OF the office ii there be any reason expect that
4 the naturalization Of his father extended to him
\ there might be plea for posponement. The duty
OF the Senate 10 Illinois was to decide this question
in reasonable time and to lei her know within Q
i reasonable time that sAe might take her own course
and time 10 fill the vacancy.
| Mr.. Hale was against posiponement, but would
do so If General Shields could alter the facts they
now exist.
Mr.. Calhoun held nothing 10 be more certain thai
if General Shield. is not now SENATOR he never
can become so by p0stponement. The Constitution
is explicit: no person shall be Senator unless lie
Inns been nine years citizen of the United States.
II he Is no Senator now there Is vacancy, and II
must be filled He Is not Senator because he has
not been nine years citizen. Mr.. Calhoun thought
it 10 be due Illinois that the question should be
now settled The Legislature of Illinois will not be
in session until january twelve months If the de-
cison be adverse 10 General Shields 1t II proper
that the Legislature should know II In due time, in
order TO assemble the Legislature for an election II
is due 10 General Shields himself because In so clear
as this, he would gain, and would lose by the
course which his friends press. According to his
conception, II the nine years had been consunimated
previous 10 the fourth OF March the election would
have been good If after the fourth Of March, he held
that the election was void lie offered an amend
mant, and i was read in connection with the reso-
/ luton as follows:
| be Senator Of the United States. is void, he mol
having been citizen for the term Of years required
by the Constitution TO be Senator 4 at the com
niencement OF the term for which he was elected.
Mir. Shields said ,ha, Mr.. Poote had made the mo
ton 10 postpone without consultation with him. aIt
asked the gentleman from Mississippi to withdraw it
Mr.. Foote-Cerainly.
Mr. Shields then sent letter to the Chair, tender
tnnh iG adI
/ Mr.. Webster accented the modification suggested
| by Mr.. Calhoun.
Mr. Cass moved 10 lay the whole matter on tht
tables but the motion did not preyai--yeas TO- nays
"a
4 Mr. Foote opposed the resolution. He said II
was gross insult to Illinois to say The commission
was nuity, and that the Legislature of Illinois did
a void thing and rendered itself an object Of con.
! tempt The resignation Is refused, and justice Is 10
| be trodden under foot
! Mr. Walker proposed resoluiion-lhat James
4 Shields 10 ineligible ms member OF The Senate moi
/ having been nine years citizen prior 10 the 18th OF
] March, 1919.
Mr. Douglass saidIlha, Gen. Shields had resigned
his seat md he approhended that the Governor
i wonld fill the vacancy. The scat is vacant. Why
then, say that what Illinois has done ia void, when
the Legislature VIII have to be called together espe
| cially TO 90 into an electon2 Accept the feeigna
| ton and let the Governor fill the vacancy.
! Mr.. Hale thought that II was due TO a man, TO a
human being, TO have the letter Of resignation read,
/ Gen. Shields can resign place which he holds by
| The pleasure of The Senate He should have per-
mission 10 say that he retres with his own consent
Torefnse 10 read II is TO say You shall not make
your bow you shall go home with the brand OF The
! Senate that YOU were iorcibly elected.
4 After further remarks by several gentlemen, the
further consideration Of the subiee' was postponed
! until TO. morow-yeas n, nays %.
! On motion Of Mr.. Hale, The letter of resignation,
siened BY Mr. Shields, read, In substance. From
the lime his right TO a seat became subject of In.
qury and investigation, he forebore the contest. and
submitted INCREASINGLY TO the action Of the
| iDiiiee. Az there was prospect OF extended de.
haie he would relieve the Senate from embarrass.
ment BY hereby rendering lbs resignation.
! Mr. Hale moved that the Chair Inform the Exec.
utive OF Illinois tina, Gen. Shields had resigned his
| seat
Mr. Berrien moved thai the consideration Of Mr.
| Hne's motion be postponed until tomorrow Thi-
| prevailed.
And the Senate went into secret session.
/ - mH-------
From the New York Atlas.
HON. WILLIAM II. SEWARD.
! Few men, who have, within the last twenty years
played conspicuous part In the great political thea
tre Of the Union hive had more prominent charDc.