The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-17
Called Session. OF the UnitedJststes senate.
wAsHINeroK, March Is, 1s4e.
AEeY pfAYarn and tho reading the iuurnal OF

Aer prsysrs and the reading OF the journal Of yes
The v,ck PaxsDxsr notified the Senate that il vas
usus days before the close eth seson for the
that a-ecrdss TO tho Constitution, . President pro
sm might b chosen to provide for any oontinge Ases
Mr. Arcaves, Mr. JOHN DAVIS, and Mr.. Mason, pre-
ssntsd petitions.
THE CASE OF ~gS. sHIE1Ds
Ths subject came up, - the unauisnsd business Of
Mr.. rurrrr moved that the resolution Of Nj Hale
seqneatin the pr-sidng ocoer to announce the rssg
petsn q Gen Shisds 60 the Governor of Illinois, Be
aben up
to this business aud that that which took the prscs-
the Senator from South Csroins ld.claring tia sleo
the subject would be a,st considered. ~ a.
Ma TunsrY-I have moved to take mp the resolu-
~. because thtsk that in dspodns Of that mosiou
Ne put "a end to tho whole question. We have rs.
esived the r-sgsatiso Of General Shields There is
now . vacancy; ana al proceedings nov toward de-
earring the election void are prrfcctly ussless.
Mr. FoorH coucuIred mott decidedly iq the vewsof
sseo We have Of the sass after sis
taken out Of Tho court. Perhaps however, there
Their VICTIM. and wers not disposed to let him 60
mr. wALExR-I do not kuowtowhom the Seastor
eudss IN spssk pg OF the vuitrrs With their taons
in their VICTIM nor do care much to know. ,.-
nr F.or< dsclaim"d the slishssss Allusion to the
Mr. wAlxKa wss grsnssd to know that the figure
was mot iate adef Co apply TO him. He peadsdthst s
10 ts. 81 Hs
BY acting sleDs the letter Of restgr alton. she
question Of tbs ability Of 9sn-ra, Shields, .houd
ne e~ rtti reed by the Governor Of illinois would still
up Tor settle t better, therefore, for
al parties, to settle the question st once. .s'
Ar DoueLAss wished this question decided ON Its
rea merits and that there should bs aslasion In
thsr cecisioB There vas vacancy in this oeae
the fourth of March General Shields wae admitted a.
Senator; has acted as such; no has enjoyed eli the
tanitons Ct senator Fr,m yesterday, there Was
vacancy up to yes'erdSy there WAS none. Your Own
~ IN 6VNs1U IA hare q
H. resigned and walked out But gentlemen say he
s s 70 q. nAd ne ns:
SENATOR; and NO msn in his senses say there
.es.cy ,ll the siS. such 40 sds: :; opposed BY
OF Chrsts Ddom by the plainest principles Of common
EenAs; and By every eoaiserat'on Of public policy.
Mr. Douglas: assasd his Case with remarkable earnest
Mr. wALxKR replied. that although General Shields
lad s~sn acting - Senator 10 was under void
Mr. FoorE disputed the position. M
Mr. WALKEA r~joinsd. that II void according to
the decision Of the committee. and that that pro-
perly The question for the sosoh Of the Senate -
Mr. Hale desired one word There was NO neosssity
for other proceeding than to inform the Governor
Of Illinois Of the In the Senate by rssgna
ton Of General Shislds. There no nsoessity Of
iss,raoting the State Of Illinois what 1t 10 to do II
have birding eeot upon her, Whatever instruo
tions We usy attempt to give She will act, In any
event, according to her on discretion. lnl
Mr. RusK supported tho views Of Mr.. Hale. What
ever w may do now can have NO binding effect upon
eson Il 10 mad. 3, tho
Mr. BADGsR argued, that this question Of
esurteey, but eopstttutioDal question. Ne should
sgainst the resolution Of the Senator from New
Hsnpshire ana In favor Of tho report Of the commit
tee II this slscttou IL . nudity, there IL nothing to
single iAstsnt the resignation itself 10 OF NO more
force than II II had not been made. And II does sp-
pear tn st the seat has not been rshfuly Hsd single
Mr.. DoysLA.s- He hes been ssnater De fseso his
acts have been valid and ne the actual rights
mr. BAuerA- II he wss senator merely BY his cor
poresI occupation Of the chair to yAeats IL. IL
only neoesssry that be should got up and walk cut
Mr.. Dou1LAs-But he occupied his seat under ct
leas, q coior II risbt cJ7iffr7 -Fftf - -
Nh. BADoEn-But 1t APPEARS, ON examination. that
this soos OF light Is no tight ct ALI
Mr: ToU.LArs- NOT so.
Mr.. BAseEx-It appears 80 from the report Of the
Mr. DovelAss-But IL is net adopted.
Mr.. BApsxs-Ia am assuming that it 10 adopted for
the argument. II would then appear that what 10
Pr,ma faeie title 10 title 1t ALI and that there has
been vacancy from the 4th March. He objected to
base the Official action Of the Governor Of
IDino spon IL, IS If the r~sgpstion wss benz fde
course vas act npen the report Of the COMMITTEES
Mr.. Rusx ooptended that this was, in point Of
tsc s s.os :, 70. case o. a..a man upon vnisa
Seustor hss resigned and there 10 nothing upon which
20 sct, and therefore NO action 10 necessary.
Mr. Downs in his usuai mated style. pleaded the
pies Of Mr. Doug.sss, Mr.. Foote and Mr.. Hale, and
.ugs' that course Of action was aus to
GsD Shields. -ho had 40 freely poured out bis blood
In the ba tler Of the country.
Mr. JEFFERSON DAVIS submitted TO the Senate that
mere r~'isnston to this BODY was of no effect. The
to this Senate Net having made the election, We
have aatherity IN the matter Of rssiguation Nor
S .ns IN TINS case sIsos Inc power OF
Tie proprety may be that action 10 necessary but
the poser hEk l. clear The merits Of the Ques zion
aye net chsnged by the resignation. In conclusion,
MIR. Davis moved to 10y the motion to take up MIR.
Hsiss olutisn the table.
lay on tie table?
MIR DAvs-I propose to lay the whole subject ON the
table
MIR. Calhoun Then. cir. desire to say few words.
Mr.. JEFrsRsoN DAvs-rhe resolution Of the Sc
nator OF New Hampshire Is only now before the Senate
ahsl move to lay the report upon the table whom 1t
Mr. CALHOUN ga. down
The Que,ton st length taken to lay On the table
the motion 20 take up the resolution OF Mr. Hale,
thorizing the Vice President to inform the Governor
Of limos Of the re,ignatiop Of General Shields.
And that branch Of the subject was laid on the ts-
BILE 80 to Is. tr.l .t In
eftbs committee and the amendment Of the Senator
fn n South Carolina are before the SeBats W
MT DOUGLASS raised . question of order. fs .a
Tee ChAIR d. cided that the subject came mp % the
ubhI.th.d busr ess Of yesterday
Mr.. NAsos--Ths queetioa ID purely constitutional
Itis eohsitu ionsl question upon given state Of
n.ots- pothing more The amendms mt Of the Senstor
from South Carolina leaves the resolution precisely
IL from The committee; bat ss the amendment
its m. suisg more explicit, Mr.. Mason said he
should. Thus -Ieston appears to the committee clear
ly to be veii and that which Is void In tho beg
can never re MSue goou " Poetpo nsmeus OF evaron
The sepsri OF the copmittss 10 not In the slight
Get degree dsrcgat,rJ 10 the gentlemen ina-
plcarxd. Nor cen his letter operate upon this
question in the sightent degree. No resig-
nslou Of . seat hers be made to this body
1t must be made to the appointing power The resis
nation ts therefore Of effect, and the port OF toe
c0nntt.s 4 As valid before senate ~ II this fssig
pstcp bad beeo made. Mr. Mason $50 exhibited
that the adoption OF the report declaring the election
void would NOT at a In shy Say interfere with the
hnrg 81 This sauanay by the Gov rnor of Illinois.
Mr. Rusm stii c.rsstsd that e,erythng that was re-
quirsd in this rss> wss accomplished In the re,igas
ton Of Gvn SbteIds. ,'
MT JEvFEEsor DAVIS pursuant to his promise to
to lay the report with its resolution aud
smsn omsnt upon the table, now moved to lay them
en- the table
rns question Vas put and tho motion lost-1ot to
fz ~ fOiiowe -
rEAs-Mars cas, Chase, Davis. Of Mississippi. Douglas
DowLs, fitzpatrick ftoe Hale, Jopea Norra RuaA, Soue