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

oen debated as one involving the power of the Senate
10 accept he resignation. that feel constrained to say
ton mere notice to the senate We cannot accept
the resgnanon for does no, belong 10 the Senate to
excuse him from has duties as senator Who gave him
the authority TO come here The legislature and the
governor OF his own State To them, therefore must he
resign the Office OF senator Nor do see what authority
be found for making the Senate the channel Of cor
respondence between the gentleman and those from
whom he received his appointment. do doubt the
power OF the Senate, however, to go and investigate
the qualifications Of the gentleman after the tender Of his
resignation ] agree with the senator from Louisiana as
the propety of abstaInng from any further proceed
ing but, TO the power OF the Senate have no doubt
whatever that II exists as self preserving power 1t
belongs TO the Senate much the power OF CON-
peng the attendance OF members OF this body; II is
part Of the same power The Senate might be broken
up for the want OF quorum, if If had not the power
10 compel the attendance OF its members. | am as
little disposed discuss the qualifications of the contest
ant for the seat after be has withdrawn to dis
his Publications before he admitted to take the
seat Considered il necessary thai he should be admit.
ted TO seat, in order that we might examine his qualf
cations a member But, now that he has Withdrawn,
l am willing 10 lei the question rest Whether the
cancy happens upon the decision OF the Senate whether
is 10 be considered an original vacancy our further pro-
ceedlng in the matter make no difference. We can
not change the effect by resolution that the Senate
may adopt. Still less il be changed by the commu-
nication which addressed TO the Vice President by
the contestant II must stand precisely as before he with
drew his claim. There is practical question be-
fore the Senate The whole matter transferred the
determination of the State OF Illinois To the State,
say let go And when at the next session, senator
shall present himself TO fill the seat for the State
OF Illinois, then II will be time enough for to decide
the constitutional question am not disposed to anticl
pate it, or to PREJUDICE it The question may be settled
without Intervention Enough, AZ all events, Tor the
day the evil thereof | do not wish that the Senate
should be detained debating great constitutional
questions and If there be senator who now wishes to
address the Senate, will close my few remarks by mo-
ton 10 lay the whole question upon the table The
tor may resign TO his State and for 10 take action
upon the resolution of the senator from New Hampshire
m hp
Mr.. CALHOUN. | suppose # this question be de-
cided in the affirmative, there will still be before the
Senate the resolution reported by The committee
Mr.. DAVIS. My motion is TO lay the whole upon the
table
Mr.. CALHOUN. If the motion be to lay the whole
upon the table desire to say few words
PRESIDING OFFICER The only thing that can be
subject the senator's motion is the motion TO consider
the resolution OF the senator from New Hampshire.
MIR DAVIS Then will make The same motion in
reference to the resolution. when ii comes up
Mr. DOUGLAS asked for The yeas and nays upon the
motion of the senator from Mississippi.
They were ordered and, being taken, were-yeas 20.
nays Is.
So the motion was laid upon the table.
Mr.. MASON. | presume now the resolution of the
committee will come up matter OF course and ii
wish to say few words before there is any disposition
made OF it.
OF the resolution OF the senator from New Hampshire
and would ask il motion is not equally necessary to
bring up the resolution
PRESIDING OFFICER The resolution was first in
oiher the preference The resolution before the
Senate Tor consideration.
Dir. MASON | look upon this question as one pecu-
larry of judicial nature and cannot understand how
il be discussed entertained any other way. II
question TO the construction OF the constitution.
and depends not upon facts Now, sir the resolution
which brouSh in from the select committee under
stand H. places precisely the same construction upon the
consultation az is given to it BY the amendment Of the
speak of The understanding of the committee, it
clearly their purpose express the idea which is intend
ed 10 be conveyed BY the amendment of the senator from
Mr. CALHOUN That was my impression
Mr.. MASON The resolution is in these words, and
If is copied from the which was passed in the case
Of Mr Galatn Thai the election Of James Shields 10
be senator OF the United States is void, he not having
been citizen of the United States for the OF years
that be had not been citizen of the United States nine
years prior to the time Of his election He elected
January and the office did not become vacant until
the lh OF March The election did not cothe him with
LIE Office of senator. His period OF service COM
the 4th OF March, and if he had been qualified
at that time IT would have been sufficient That the
The committee and presume il the construction put
upon it by the senator from South Carolina have
objection, however, in the world, to adopt the
amendment because il will MAKE the resolution more
Mr.. CALHOUN. That is the whole object of it
Mr.. MASON. So | understand Now, the question
because General Shields not qualified when the time
arrived for him 10 assume the duties OF the Office for
which ne had been chosen regard the election then to
be, the resolution expresses vodnot vodabe, but
void Now, what the distinction! The distinction
well known, apprehend, to all lawyers That which is
void be made good; that which is voidable
may be- That is the distinction, and it is q distinction
that is well known to lawyers If this election were
voidable only, it would result that in way by
act the election could be made good But appre-
bend that this election could not be made good in any
way. Well if il never could have been made good by
the act OF any party whatever results that ii was void
void db inlti0 and could have become valid
by lapse OF time If, then, the election never could be
made good, hold that il void, and being word, that
il is the duty of this Senate SO TO declare.
Nor can see, after listening most attentvely to the
arguments OF gentlemen that the action Of the Senate in
declaring the election void is ia the slightest degree
derogatory the honorable and distinguished gentleman
who was the choice of the Legislature Ii is declaring
only what is the constitutional construction upon
the state OF facts before thought thus much. by
way OF explanation OF the views of the committee,
due TO them.
Now the other matter, which has been connected
with this estlgai resulting from the c0mmunicz-
ton of Gen Shields to the Vice President OF his
resign his seat do not understand that thai let
operate this question the slightest degree
whatever hold with the senator from Mississippi
that resign his seat 10 this body Resg-
nation can be made only 10 the appointing power. An
appointment that derived from the legislature of
State be returned only that legislature No mem
Der OF this body derives any part OF his authority,
Der OF the body, from the body itself The constitution
under which live declares, that ii vacancy happens
In the Senate BY resignation otherwise, during the
OF the legislature OF any State the Executive there
Of may make temporary appointment. Nov, without
clause Tor the election appointment by the Legislature
alone, apprehcnd that resignation can be made only to
the legislature because that the appointing power
But here IS subsequent clause declaring that wnen