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

IL
toe views taken by the committee as the case was before
then.
Now with reference to the proposition which has been
made by the senator from Mississippi, Mr. FoorE mean
TO express no opinion al present The communication
Intended TO be made to the committee by General Shields.
asking postponement of their action, did not reach
them as before stated owing to mistake or the mes
senger charged with It's delivery The report was made
up, the committee had adjourned and an order given
present the report to the Senate, before II known
that General Shields desired to make such communca-
ton II it is the desire OF General Shields 10 ask
for extension OF time, that will be proper question
for the Senate upon which at present shall express no
Mr. FOOTE. rise simply for the purpose OF explain
ing my object in moving the postpohemeat OF ne further
December next In introducing this mouon, II was far
from my intention to impugn the report Of the committee
in the submitted TO them, or to call In question any
part of the argument OF their chairman
Mr.. MASON II the gentleman will allow me GER
ainly did understand him questioning the action
of the committee but the contrary, understood
from his remarks, that his motion was made al the sug
geston of the honorable senator from Tennessee who
desired to know what facts were before the committee,
and what their Tor resentng the resolution
Mr.. FOOrE. | did not apPrehend being m'sconcelved
by the honorable senator from Virginia. but by others,
who do Rot know well as he does aud who might
not be so ready himself to afix liberal Interpretation
my conduct this business Twas proceeding to say that
did rise call question the action OF the committee.
whose report understand 10 be acqulesced in uncom.
plainngy by the honorable gentleman most interested in
the question before Nor my design TO insnuae
against the honorable senator from Wisconsin, M
81
gress originated, and whose motives and conduct have
both been respectfully and kindly alluded to by the
gallant gentleman who stands as the claimant before us
Nor do | wish to enter upon full examination OF
the merits of the case in my view OF the
affair il would be wholly unnecessary and Prohtless
to do SO. What | wish to say is simply this. II is ac-
kuowelged that mistake has been committed; tina,
misunderstanding has arisen 1t Is not denied, but &C
knowledged all sides TO be true, that the honorable
claimant had to expect and was assured IN fact
BY the committee, through their chairman, that if he
should conclude to demand posponement OF the inves
gaon which they had been authorized by us to inst.
ute until the beginning OF the next Congress, he would
be allowed to do by letter, on reception OF which,
such posponement would be accorded him. 1t further
appears that this letter was written and despatched
but, owing to accident did not reach the committee In
time to prevent the report being made, which is now be-
fore us for consideration
Mr. WEBSTER. Will the honorable senator allow
me TO inerpose suggestion cOnnexiOn with his pres
remarks! The chairman OF the commlttee has stated
TO the Senate that owing the miscarriage OF the
muncaon from the honorable member from Illinois, the
committee made up their report two or three mornings
ago. and ready to report yesterday to the Senate
Intnaon made yesterday to the senator from ILL.,
nois that the committee were about TO report II then
appeared that the communication which he hal addressed
to the committee had mscarrIed, and the report was post
poned until day to give the honorable member meto
consider whether he thought his interest might be pro-
NOTED by moving for delay, whether he thought his
interest would be promoted BY acquiescing in the de-
cisoA of the committee and of the Senate thereon, with
out making any further communication either to the COM
mttee or the Senate II is in pursuance OF his reec
tons that subject, as presume that he has come here
to-day to FAY that he makes no opposition to the report OF
Mr. FOOTE Well, sir, this statement of the honorable
senator from Massachusetts does not at all alter my
view OF the matter 1t still appears that the senator from
Illinois mir. SnIELpsl did expect a postponenen
of the investigation; that he had right to expect this
pesponement and that nothing has prevented the fulfil
stupidity of the person employed by him to bear
his letter to the committee 1t further appears, by
the statement just made by the honorable senator from
Massachusetts, that, after he informed that the re-
port of the committee had been drawn up, that this report
had been unanimously approved by the committee and
was adverse to his claim he resolved struggle long
en- submit patiently the decision of the committee
and 10 appeal to the sovereign people OF Hill
nois for succor and support Sir this is noble resolu
ton, worthy OF the distinguished parsonage who has an
nounced in our hearing and in keeping with the lo
tiness OF his character. But | wish that this appeal
should be made without any embarrassment from the
action of this body see no necessity for regu
lar adjudication OF the question OF eligibility, under
existing circumstances, by the Senate wish that the
appeal to the people of Illinois should be in appearance
free from all consrant and all appearance OF compuls'on
Let us place the honorable claimant precisely where ne
when the mistake occurred, to which have refer
red let us take no advantage Of his declining to clam the
posponement promised him but permit HIM, in all re-
specs, to occupy favorable attitude he would oc
cupy had he been perfectly quiescent since the mistake
was ascertained to have been committed can perceive
no good effect which is likely to arise from the rend-
ton OF deinitve judgment in the case at the present
time but it is to be apprehended that some injury may
ing upon the question of eligibility before he has had
a fair opportunity of bringing forward testimony n
support OF his right | am not certain that he would
suffer any detriment in the way just suggested; but
know that it is the opinion Of several able jursts
that he to present himself before next Decem-
Der, with an adverse adjudication staring him in the
face, he would not stand near SO good chance OF
being admitted to seat upon this floor, he would II
no such adjudication had occurred. | am disposed to
give the honorable claimant the most ample facilities for
proving to oa satisfaction hereafter that he is as fully
entitled TO occupy seat in this body, as he is doubt
less worthy to do 80 upon grounds OF general merit
1t will not be by my vote that gallant soldier who has
poured out his blood like water upon the plains OF Mex
co and whose heroic achievements have added much
to the honor of his adopted country, will be excluded
from the enjoyment OF his political rights by objections
merely technical in their character or by refusing al
low him time TO defend himself against assaimen ,oa
great extent unanhcpated by him.
/ Mr.. BUTLER. understand the motion now before
us to be TO postpone the consideration of the subject u'
til the meeting of Congress in December next IT. BY
postponlng the question: the senator from Illinois could
take his seat then, should certainly vote for it. This
is matter not without its difficulties certainly do not
acqulesce in the decision of the committee that the ques-
ton OF eligibility attaches to the time of his election
have often been agated in my own State, and think
the decision OF that State has been this that although
at the time of the election, the candidate may not have
been eligible, yet if he be eligible at the time that
the functions of his office devove upon him, he can
take his seat | make wide distinction, therefore
and if the decision of the committee is to go out
broadly before the country, will state it here-be'
tween the case of Gaatn and this BY the record,
1t seems that In that case there majority OF Two
only, and the facts not very clearly stated upon
which the decision was based In this report the
that General Shields was not eligible at the time
he was elected senator from illinois, different view