The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-03-14
THE ELIGIBILITY OF GEN. SHIELDS
TOA SEAT IN THE SENATE.

In the Senate, yesterday, Mr.. Mason
arose, and said that the Select Committee,
to whom was referred the certificate Of cleo
ton Of James Shields, to seat in the body,
with instructions to inquire into his eliglbill-
w, had had the same under consideration,
and, in the absence Of the chairman Mr..
Benton) he had been instructed to make a
report, accompanied by resolution, The
Committee, before their report was made,
though their chairman informed General
Shields that il he desired further time to ex-
hibit evidence on lis part, the Committee
would receive any communication from him
on the next day. The Committee met on
the next day, at the hour of eleven, and, no
communication coming from Gen. Shields,
they proceeded to make the report. He had
been requested by Gen. Shields to say that
he Gen. Shelds) sent communication to
the Committee, but, by some inadveitance,
il did not reach them,
The report was then read BY the Secre-
tary Of the Senate, to the effect, that, hav-
ing given due notice, Gen Shields came
before the Committee; that, It appears by
the certificate that he was elected Senator
on the 18th Of January last, and it further
appears that he is an alien by birth, and the
only proof before the Committee is contained
in the copy of certificate of the Court Of
Effingham, in Illinois, by which it appears
that application for naturalization was made
in the said court in October, 1910. The
Committee, therefore, report resolution
that the election of James Shields is void,
he not having been sufficiently long citizen
OF the United States, as required by the
Constitution Of the United States, to be a
| Senator.
| Mr.. Shields then arose. He said that this would
be the only opportunity he would have TO address the
honorable body. The objection to him was in the
body ITSELF There was no competitor here, from his
State, contesiing his right to hold seat In he Sem
ate OF the United States. He had an honorable and
! high-minded opponent before the Legislature Of his
| State member of tho opposite party; and he
/ thought, from his knowledge OF the gentleman, that
no inducement could prevail upon him TO come to
this body, and contest his seat on this ground.
There was no memorial, petition, or application
from the State OF Illinois, questioning his right TO
hold seat in the Senate Of the United States And
although he had large party opposed 10 him In that
State and although he had enemies las every man
| has) in his own party, he had sufficient conf
i dcnce and sufficient opinion OF his own State
TO believe that there were not five men to
present memorial TO eject him from the Senate.
| seventeen years--he had been member OF the Le-
gslattre, requiring Naturalization Auditor Of the
1 Public Accounts requiring naturalization; Judge
| Of the Supreme Court requiring naturalization;
| Commissioner of the General Land Office requiring
naturalization; General In the army of the United
States, requiring naturalization; and, for three days.
Governor OF Oregon, requiring The came, and now
he could not be Senator Of the u States. The gen
tleman (Mr Walker) who raised the objection, had
perfect right to do 30. He did complain Of his
conduct; perhaps II was his duty, under the crcm-
- .zI.~ AZ
certificate from his state having been refused on
the first day II was presented the question having
been referred 10 an honsrabe, talented and infuen-
tal committee he had made up his mind, and deter
mined to act on II, TO remain passive lei matters
take their course and submit INTERESTINGLY to the
action Of this body, and then appeal to his State,
to hear what they had to say. II his State de.
sert him now honorable as this body is, he should
never ask to present himself Senator Of the Uni
ted States not, It would be unnecessary for him
to apply, and he would say, further that II was his
intention, although he had endeavored to preserve
his fidelity TO this country, never to offer for Office
again in the United States. The Committee had
acted on the evidence before them, they could give
no otherdecsion. Were he competent he would ex-
plain the facts and circumstances under which the
case was not considered. Bur he had been guilty of
too much rashness already he had been guilty fin
discretion since he came 10 this city, which panied
hirn more than would his rejection by the Senate -
He had done wrong in writing letter TO gentle
man Ex-senator BreeseD he acknowledged his err
ror his fault before the Senate and before the coun
try. When TWO kind, generous, and cohsiderate
friends called on him and pointed out the error, and
the cruel ani injurious impntation or construction
| put upon the letter. he authorized them TO withdraw
| the letter. and make apology TO ncqut himself
Before , f honorable BODY Beas he naon and
before the bar Of God TO which he hoped TO be called
he denied the construction put on the letter. He
denied il in toto. He was incapable Of such thought
/ or menace TO assaasinae. He could call on every
man who he Is acquainted with 10 deny such mn in-
qufous design. He could make witness ofthe man
! who placed such construction on the letter, (Jndge
Brecse) that far from menacing, he, (Alr Shieds)
AT the hazard and imminent peril Of his own life, In
the town of Bevlle thrust himsefbetween that gem
eman and his own brother-in'law, who Imputed TO
| him crime involving domestic peace. He did moi
maketh this statement by way of apology He had sub
ected himself 10 criticism and severe condemnation
and he was now reaping the reward of his own in
| discretion. He would submit 10 the action Of the
Senate 10 the decision of the Committee, unresis-
ingly and peacefully, and would go back 10 his con-
stitnents.
| Mr. Turney could not vote for any such resolution
! He understood the Constitution to mean nothing
more nor less than this that Senator must have
been citizen nine years before ne cda take his seal
lie must also be thirty years OF age, and must be
an inhabtant Of the State at the time he is chosen
He understood, from the reading Of the report that
| Gen Shields filed his application for naturalization
in 1910. True he has not been naturalzcd citizen
for nine years, but If he had only been citizen for
three days, he could not vote for the resolution
Snppose'the nine years expire in three days, and
u
nine years expire; or, suppose before he is thirty
years ofagc heis elected Senator and nine months
after his election he presents himself TO be qualified
and IKE his seat will il be assumed that, because he
was elected one day before he was thirty years Of
age the election ab iniiio Is vodl lie thought that
all that could be done would be to pass resolution,
that Gen Shields Is not yet eligible.
Mr. Foote said that fit would be in order i would
be better TO postpone action until the first Monday
In December next.
Mr. Mason proceeded 10 shsw that the Select Com.
mittee had followed the precedent in the case Of AL
bert Gallan, and detailed the action at that time.
Mr.. Foote was inclined TO concur in the remarks
of Mr.. Turney, and gave reasons why he had sug-
gested q postponement.
Mr.. Webster remarked that the chairman Of the
committee had stated that, owing TO the miscarriage
of communication from Gen. Shields, the COM
mitiee had made up their report, and were ready to
present Il to the Senate yesterday morning. Init
nations were made yesterday to Gen. Shields that
the committee were, about TO report. II then APP
peared that his communication was lost, and the
presentation Of the report was postponed until to-
day, to give Gen Shields time 70 think whether his
ends would be promoted by delaying day, or ac-
pfin the decision OF the committee, without