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


comply with the naturalization laws of Virginia or not
does not appear My impression has always been thai
he did not; that he dad take the oath necessary 10
make him fully citizen OF Virginia. but he took the
oath necessary to enable him TO hold land ia Virginia
that State having night TO confer special privilege
without making the person holding that special privilege
citizen He complied wilh the State law of Virginia
Tor that purpose apprehend that the from yir
gina IS also mistaken IN saying that the nine years in
The tallan case had run IRON the time he took the oath
Of allegiance to The time OF his taking his in the
Senate.
Mr.: MASON. II the gentleman would refer to the
record, think he would be satisfied that quoted the
facts correctly.
Mr., DOUGLAS 1t is because | have looked al the
record that | say that the gentleman not to have
understood the facts Prior TO October, 1855, he pur
chased lands In the State OF Virginia very large
amount In that month he took the oath of allegiance
that State. That in October 1855 and the nine
years would OF course expire in October l79i Mr. Gal
latin was elected senator from the Sae OF Pennsyiva
MA In 1893 and took his seat in the Senate OF the United
States IN December, 1913. Hence II appears thai the time
had not run out the time he took hs seal IN the Senate
OF the United States, which he held until he excluded
by the Senate Hence the question did not arise whether
the oath of allegiance taken IN October 1885, natura
zauon not did the question arise, whether the Pc
nod OF eligibility commenced running from the time OF the
election from the tune he took his seat Tor IN neither
case was he eligible. The proposition was not made TO
postpone It, IN order TO give time TO mature, because
was not certain that he was natuazed at all and hence
1t might never mature.
In that state OF the case apprehend that the committee
viii lind that they have entirely mistaken the nature OF
the Gallan case matter OF precedent IN the passage
must be changed not 10 say that this election
void Ii may be that resolution might be passed BY this
body declaring that Gen Shields, not having been nine
years citizen on the 9Th OF March, the present inst there
fore he IS not eligible 10 seat in this Senate; may de-
clare that Gen Shields not having been nine years
citizen OF the United States, not eligible TO seat in
this body That may be the case The only doubt in
my mind ~, whether the time is 10 commence running
from the period when has functions would devolve upon
hlm as sehato-hat is, from the commencement OF the
period for which he eected-or whether it to be
from the time that he is ] am inclined TO think
SIR, from the language OF the constitution that if he is
eligible IRON the time that he that is all that
the constitution requires and that If be is IN be-
fore he eligible, but becomes eligible before his term
of Office expires you turn him out 1t may be
that General Shields is not eligible a seat in the
Senate, and according to that record he not But you
certainly cannot turn him out, his election not
void And apprehend IL not void al the time, and
that the Senate will that the election not void
! 1t may be that he is not entitled 10 hold seat
here Upon the face OF the record attached to that report
IT would seem that he is not now eligible 10 hold seat
here although II may be that that record would be
ceptble OF explanation. |, SIR, would have liked very
much 10 have whether that record not suscep-
| tibe of explanation.
A SENATOR inquired whether the gentleman from
Illinois (Mr. DouGI-As) had not seen the record
! Mr.. DOUGLAS. Yes, sir, have seen it. And if |
were disposed TO be technical, think | could ask the
Senate TO disregard il utterly. Sir il is record at all
Mr.. WEBSTER, On his seat Then there is nat
ualzaton, for 1t is admitted that he foreigner by
birth.
Mr. DOUGLAS made an observation in reply, which
heard distinctly by the reporter and proceeded
would like TO see this matter postponed, that may
have an opportunity 10 examine the records could not
say tina, the presumption IS not in favor of the record II
authenticated all, but ii is very probably
rect; and presume 1t is correct made this statement,
not with the expectation that the record could be dis
proved but as reason why should like to see this mat
ter postponed
Thirteen years ago, Gen Shields and myself served in
the legislature OF Illinois together The constitution
der which we served required citizenship of the United
States to make US eligible. | know some question was
raised hen certainly out OF DOORS as 10 whether ne was
eligible not
| X ,
here, insist that did then take up the matter, and
decide in its favor do not recoect the form Of the de-
cison but my impression Is that the objections with
drawn, and be withheld from his seat few years after
wards General Shields elected by the legislature of
Illinois auditor OF public accounts in that State ihe highest
financial officer in It Subsequently he was reelected to
that place. Re was subsequently elect Judge OF the su
peme court by the legislature OF hat State would like 10
upon what ground is that legislature have
been acting almost unanimously for years upon the sup
position OF his citizenship. Ii is true that some persons
resisted these elections every time with great nerceness
and virulence. | should like TO know the cause which
has hushed the and smothere the whispers of
in these He has held his seat in the highest
Offices in the State for years without COM
plant OF any violation Of the constitution OF his own State
OF the United States Sir this thing going on tor years
Everybody acqulescingthe Legislature affirming 1t time
and time again until they sent him here- SIT, thought
1t little indecorous TO that State Tor thus body
10 raise objection which man IN that State had raised
ana him out before the people OF that State which sent
him here knew that there objection 10 him think
my duty, representing that State 10 make these
gesions. And sir, but for the appeal made by General
Shields me- should have insisted before this body
that that be taken should have insisted, tar
proper and respectful insist by appeal to
the Senate. feel IT my duty to make these state
ments do not know, but that If We're his place
should take the which he has taken think
would | think would say, that inasmuch as no hu
man being be found in my State TO raise his OBJ
ection-and the world knows that he, like other men,
has enemies there-inasnuch they have hushed their
voices for Years, and the question is raised here,
would Just submit the Senate to decide return 10
constituents and make appeal 10 them But sir IN be-
half of the Stale, perhaps might be induced TO act little
differently upon this point should therefore, be glad TO
see this postponed believe would be better Tor
all parties believe that Inconvenience would arlse
out OF the postponemrnt and certainly nconv enence
to the Senate We amast ready to adjourn, and
anxious to adjourn. There will be session OF the
legislature OF Illinois between and the next session
of Congress No such inconvenience therefore, would
arise, the senator from Georgia has Intmafed. The
State would not be deprived of opportunity OF re-
elecBg General Shields The Legislature OF Illinois does
not meet regularly under the constitution until year
from next January There possibly be an extra session
next January but the regular session will be year
from January. Ii have, therefore, no connexon
with the postponenent. No inconvenience will result,
either the Senate 10 the Legislature of Illinois, from
a postponement
! What makes sensitive upon this point IS,
that may be questioned whether under the action OF
the resolution propose the OF the State OF
Illinois appoint al all This body decided IN the
case OF the senator from Connecticut once, Mr.. -,
that where the term OF senator had expired and no
election was had, the governor could not appoint, and
that the seat would vacan. until election
was had.
MIR BADGER. The senator is mistaken in the
In the case which he refers, the senatorial term had
NOT expired The legislature had not filled the vacancy