The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-17

could take Office on account OF preexstng causes
How, then you call on me TO instruct the President
OF the Senate to direct communication to the governor
OF The State OF Illinois, declaring that seat in the Sem
ate OF the United States has become vacant by the resg-
nation OF General Shields Here is the difference The
seat mas not become vacant by the resignation OF General
Shields, but by the failure OF the legislature to elect
senator possessing the prerequisite qualifications. And
The gentleman Is alarmed lest the State should be dis
franchsed and he seems 10 suppose that senators this
SIDE oil the chamber take pleasure IN the prospect
Mr.. FOOTE. Does the senator mean to express the
opinion that General Shields never has been senator
Nh DAWSON do, most decidedly. The consttu.
ton says that man who has not been citizen of the
United States for nine years shall be of the
United States. Then, if we cannot make con.
trary to the constitution, he OF a sena-
tor. There is a vacancy. Whose fault is il! We saw
the fault of the legislature who have legally
filled the vacancy But gentlemen on the other side say
that the vacancy has been created by the resignation OF
Cen Shields; and that if we do not declare, the re.
suit will be preudicial TO the State because the governor
cannot appoint Ny own impression is that the gov.
ernor OF the State OF Illinois now has The right to fill the
vacancy because the constitution says that when
cancy created by DEATH resignation, or otherwise the
governor may appoint Under that last phrase, take
that if the legislature OF sovereign State fail to dis
charge its duty, executive power, under the constu-
ton of the United States can be exercised These are
my views sir regret that have delayed the Senate
as long as have on This question
Mr. UNDERWOOD wish to reply to the gentleman
in reference to the which he has put The difficulty
that arises is this The gentleman gives US case, in
which there express declaration that the contract
shall be void ab inio. If there any such express
declaration in the law in the constitution, in reference
to this case, that it should be void, il would be But.
the contrary, it simple prohibition, Just in the
of land title, and one case Is as good as hundred
There being such express declaration the election is
voida5le only: that is the distinction.
Mr.. MASON. The constitution OF the United States
declares that person shall be senator who has not
been citizen of the United States for nine Now,
ask, is there any power in the Senate or anywhere
ola aputOr hO hoan mt his
tional qualification?
Mr. CASS | have listened with attention, if not with
profit, to this long debate; and have not the vanity to
suppose that add anything to the stock Of norna
ton that has been elected in its progress have heard
good deal of sound argument of vivid defamation and
of legal learning, and shall not attempt to add anything
merely rise TO say that shall not vote for the resou-
ton for consider, with the senator from Tennessee,
that it is abstraction; that it is declaration that has
no practical applicability to any question that Is lesit
maely pending before the Senate. Gen. Shields is not
claiming seat 1t to me, therefore, that this dec
laraon part is not merely work OF supereroga
ton but assumption OF power that does not belong to
the Senate In my opinion might as well pass iudg-
upon the qualifications OF any other senator upon
those OF General Sheds and for that reason shall not
vote.
The question being taken upon the amendment, it
MI UNDERWOOD then moved to strike out the word
roid and insert does not entle him to seat as such
in this body"
Upon this motion the yeas and nays were ordered;
and, being taken, were as follows
YEAS-Messrs. Atchson, Bradbury. Davis of Msss
Np plrs ausi, sous, Sturgeon Underwood, and Yuless
NAYS-Mess,s Badger, Bal Twin, Ball. Berrien. Bo.
Davis OF massachusetts,, Dwson Dickinson, Greene Ham
lin, Hunter, Mangum. Mason. Miller, Norton Phelps,
Seward, Smith, SPrnance, upham, Wales and WebsteI-
Mr. DOUGLAS then moved to amend by striking out
all after the word resolved" and inserting the follow
ing:
"Thnt the Vice President be requested to notify the
Executive of Illinois that the Hon. James Shields has
signed his seat in this body"
And upon that motion he asked for the yeas and nays
They ordered.
Mr.. DAVIS of Mississippi | do not perceive the OBJ
ject OF this motions because am OF those who
slider the resignation OF tae member elect from Illinois is
properly be made to his State and that the Senate
has received notification thereof. He has withdrawn
from the Senate So far therefore, we are concerned,
his resignation is complete. voted for the amendment
OF the senator from Kentucky because thought could
do no harm. The constitution provides the mode OF
keeping the Senate full The legislature of the State
has made an election and whether the member goes
out by resignation. by rejection or by any other mode
than by the expiration of the term, conceive that
a vacancy such is contemplated by the constitution
exists and that arises where, to preserve the full
number of senators in the body, the governor ap
point do not intend, however to date upon this, be-
cause consider the case as having passed from US But
as intend to ashere to the line which originally marked
out have thought proper to state TO the Senate the rea
Mr. DOUGLAS All that hsve 10 say in reply to my
honorable friend is, that the Senate has endorsed the
principle that senator may resign to the Senate
Mr. DAVIS. think that, as far as the Senate iscon'
cerned, the act is complete. The resignation has
been rendered, and the memberelect has withdrawn 1t
is matter now between himself and the State
The question being taken upon the amendment was
rejected, by yeas and nays, as follows:
rick Foote jones' Rusk, Soue, Sturgeon, Underwood and
Yulee-l2.
NAYS-Mesars Atchson. Badger, Baldwin, Bell, Ber-
ren Borand, Bradbury Bright Butler, Calhoun, Clarke
sppi, Dawson Dickinson, Greene, Hamlin Hunter Man
gum. Mason, Miller. Morton, Phelps. Seward, Smith,
Spruance, Upham, Wales Walker, and Webster-32
The question then taken on the resolution as
amended. and it was adopted without division
MIR WEBSTER moved that a copy of the resolution
certified by the Secretary. be transmitted by the Vice
President to the Executive OF Illinois.
The motion was agreed to.
The Senate then proceeded to the consideration OF ex
ecutve business, and after time spent therein ad-
journei
FRIDAY, MARCH le. 1s4o
The Vice President being absent, the Senate was
called to order by the Secretary.
PRESIDENT THE SENATE.
Mr.. MANGUM moved that the Hon. DAVID R. AT.
Gibson be unanimously chosen President OF the Senate
pro tempore; which was agreed TO-
Mr. MANGuM and Mr.. CAss at the request Of the Sec.
rotary, conducted Mr. ATCHIsoN to the chair.
Mr. BELL. from the Committee Indian Affairs, 70
whom was referred the memorial of VIM. y. Ross and
VIM. S. Coody, in behalf of the Old Settlers western
Cherokees complaining that they have been deprived OF
certain rights accrung under treaty stpulaons, asked 70
be discharged from the same--the committee being OF
it be printed; which was agreed to.
RESOLUTIONS
Mr.. MANGUM submitted the following resolution:
D. far