The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-03-16
The Case OF Gen. shields DeeIded.

In the Senate, to-day. Mr.. Turney moved that the
body proceed the consideration OF the resolution
made BY Dir. Hale yesterday-to inform the Execu-
live OF Illinois that there Is vacancy In the Senate,
General Shields having resigned his seat.
I Mr.. Walker said that there We're TWO questions
before the Senate vz;The resolution of the Select
Committee declaring the election Of Gen. Shields
void and the motion OF the Senator from New
Hampshire and he wished 10 express hs preference
for the order of business as II stands before the
Senate.
| Mr.. Turney remarked TINT he made the motion,
because If the Senate dispose Of the letter of resgna
lion, an end Is put to the whole question, II woLi
be strange to pass on Resolution, ,o q The select
ready vacated. Mr.. Foote participated In the feel
ings of the Senator and Mr. Walker said that II the
Senate declare vacancy, the seat Of the successor
| of General Shields will be contested
| Mr. Douglass believed that the Senate would do
Justice and receive the letter OF resignation, that the
Governor of Illinois may fill the vacancy thus pro-
duced He contended that Mr.. Shields was recog-
missed and sworn a Senator, and SO continued ut-
I'll yesterday. All know that the seat was occupied
Senator; If the seat has been vacant what right
has Mr. Shields name in the list OF yeas and nays!
The seat could not be filled and be vacant at the same
Time Were Senators TO say that the seat has been
vacant all the time, when II was filled by q vote Of
this body, and continued to be occupied by order Of
the Senate during the whole period Of the session!
He did not raise the question whether the seat was
rightflly occupied lfa Judge I'll an Office for thr-
years. and Il be ascertaned that he Is ullcn,
can Il be decided that the office has been vacant for
that length Of tlnel Are his decisions to b. void?
Whenit is discovered that the Judge is an nen, he
can be ousied, vacancy declared, and the Office
filled In pursuance of law and the Constitution. So
Ii Is here. Concedc General Shields was not eligible;
he was however, elected, and his acts as Senator,
up to yesterday must stand as long as the remem-
brance of the republic exists and the records of the
Senate are preserved The vacancy occurs by virtue
Of the resignation; and all the Senate have to do is
TO notify the Executive Of Illinois OF the fact, and
then the subject win have been disposed Of
Mr.. Walker responded 10 lew OF the remarks OF
| Mr. Douglass, and said that. conceding everything
which has been said, notwithstanding Gen. Shields
occupied seat, and notwithstanding the letter Of
resignation IL seems that the subject before the Sen
ate Is to declare that the election was void.
| Mr.. Hale said that il seemed 10 him that the SEN
ute should do their duty, nothing more and admit
that all the wisdom 81 the land Is not centred here
and concede that the people OF Iinous have elected
n Governor and Legislature, who know their duty,
without the Senate volunteering to tell them what It
Is General Shields was certainly here, and WINS act
ing as member Of the Senate, with all the rights
and privileges. Suppose thai General Shields had
not come here, would he decorois TO pass on his
right 10 seat2 How does the present question dii-
| fer from this? But General Shields came here, and
sees such state of things as deters him from pres
sing the question This being The cuse, and he hav
ing retired j is The duty Of the Senate to notify the
executive Of Illinois that there il vacancy.
Mr.. Rusk thought that the Senate had better with.
hold their advice until 1t askedior by the State
Of illinois, The decision of the Senate win have no
DlnQlnp ana eIlectt IL ID worm slNpence.
The Governor Of Illinois, If he chooses 10 make
lection, would not be bound by it, ii gentleman
should be sent here 10 fill the vacancy, the Senate
would be bound 10 hear him, without reference TO
| any previous decision, M g41
/ Mr.. Badger said that he would vote against taxi
ing up md passing the resolution Of the Senator from
New Hampshire, and would vote for the resolution
of the select Notwithstanding the election of
General Shiels 10 be void. III General Shields cor
poreally occupied the chair, he could get up and
! go out.
Mr.. Douglass said that he had color Of right
Mr.. Badger replied that Ii has been ascerlained
that he had no right at nl and what appeared to be
title WINS no title.
Mr.. Rnsk supposed case. If Gen Shields had died,
the Senate could not turn him out. He Is not here
claiming his seat and shall The Senate go on and de-
clare the seat vacant. This is an abstract question:
and Illinois has ms much right TO Judge Of the ques-
ton as the SENATE has.
in the body, involving the question which gentlemen
discuss. II could lead no practical result decide
1t which way the Senate would General Shields
has rendered his resignation, and 1t would be an u.s.
sumption OF power to refuse to receive it. There has
be no complaint on the part Of Illinois, or on that
of any individual, but by the mere impulse of the
Senate, the matter has been entered into and under
| circumstances rather extraordinary. He thought
THAT so far from attempting TO clutch and hold on,
and mould tho matter into something, Senators
ought 10 BE- glad 10 let it fall. The only effect will be
10 prejudice the case Of the individual He alluded
TO Il circumstance in the House. A question was
raised to the right Of Col Baker to hold seat he
having accepted an Office (of Colonel in the army
| under the Gepera Government. Col. Baker immc-
diately rendered his resignation as member, and
| the question was dropped. And SO II should be in
this case, General Shields having rendered his resig
nation.
Mr.. Davis Of Mississippi, said that there was real
| y no question before the Senate and that when ano
| Their Senator shall come from Illinois, il would be
time enough to decide on Its constitntonality The
ciscould:not be changed by any resolution which
the Senate may pass nor by nole Of resignation.
" Sufficient unto the day Is the evil thereof He
then moved TO lay on the liable tho motion take
up the resolution OF Mr. Hale, notifying the Execl-
tive OF Illinois that vacancy exists in the Senate.
This was decided IN the uffirmativc--yeas 49,
| nays Is.
Mr.. Mason contended that what is void in the be-
ginning cannot be made good, and, If the election
by void, II is the duty of the Senate SO to declare.
| Mr.. Rnsk made a few remarks, when
| Mr.. Davis of Mississippi moved to lay on the Ia
| bic the amendment Of MIR. Calhoun, (which, he said,
would carry with II the resolution Of the Committee
declaring he election 10 be void and the report Of
| the Committee.
The question was decided in the ncgativc--yeas
| l6, nays 80.
mcn offered by Mr. Calhoun TO the resolution Of the
Select Committee, So that IL may read as follows,
viz:
Iesoi,ed That the election OF JAMES SHIELDS 10 be
Senator fine United States was void he nothavng been
citizen OF the United States ihe term Of years required
a qualification Senator the United STATES at the
commencement OF the term for which he was elected.
Mr. Turney said that he would not vote, there was
no more contest before The Senate than u General
Shields were dead. He Expressed the hope that
Judge Rreese has contributed nothing in bringing
! about this investigation and proceeding; he hoped
that Judge Breese knows nothing about 1t. Why
not accept the resignation! II the Senate refuse
to do so, the great OF the people win say that
General Shields has been prosecuted. The resgnn-
tion can be received; the Senate have no right to
refuse u.
Mr. Douglass. Ny colleague is an unfortunate
man. You will not permit him 10 slny here, and
you refuse him the privilege Of resigning This SEN
ate periinacously refuses to him either alternative.
He must not stay, nor have permission to go. IL
seemed that there Ia preconctived determination
that he shall not go out unless he be kicked out
wish TO max the Secretary why the nnme Of Rcver-
dy Johnson was not called to-day The answer IL,
he resigned 10 the President Of the Senate. Why
was the name Of James Shields calcd7 Why docs
not the record show that he resigned too2 is the
Secretary Of The Senate TO decide the question against
this man, and Is this system OF persecution be
ried out by the Senate and its ofIicers2
Mr. Mangum. / call The gentleman TO order
Mr.. Fooie. ! charge persecution.
Mr. Mangum. call The gentleman TO order.
Mr. lcnll yon "a rdA Ia 10 nora