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

uon; and this resolution makes it void from the begin
ming In that respect cannot vote Tor H.
Having now shown the basis upon which my vote
rests am not sure but ought in justice to those who
think do, to Offer al the proper time, tins amend
ment. And, when do offer it, hope the Senate Will
give the yeas and nays; and those who think as do
that Gen Shields not entitled 10 seat here, will be
enabled to show the principle upon which they act mat
is all want shall therefore move, al the proper ume
to strike Out the word 'void," and insert IN place OF 1t
that he is not entitled to the seat words to that effect
because he has not been nine years nauaZed accord
ing the idea suggested by the senator IRON South Caro-
lima Ii this amendment prevail, believe the resolution
will then command the universal vote OF the Senate
do not believe there will be dissenting voice But by
forcing upon the Senate this doctrne that the whole pro-
ceedng void from the beginning, you leave it to be
understood that this Office has been filled since the
4th of March and that is reversing completely the pre-
cedens heretofore settled Leave it according TO these
precedens then, after October next the governor may
confer the appointment upon Gen Shields, or anybody
else and the State will not be deprived of her represent
alive for two years am aware that the senator from
North Caroaa-and was gratlfied with his remarks
thought that the effect which am now pointing Out
MIR. BADGER Allow me to. say that the Senate has
never decided any such proposition
Mr.. UNDERWOOD. am most happy, to hear It,
have not looked al the decisions and presume my
friend from North Carolina has. am happy to hear III
because when looked at the constitution, and heard
the doctrine laid down which has been advanced by
senator's, the inquiry rose IN my mind, now under the
constitution. such principle could De established
hope the governor will make the appointment and send
gentleman here TO fill the office, at all events But If you
adopt the resolution as it now stands you will be adopt
Ing the doctrine of my Judicial friend over The THAT
this office vacant and never filled; that the election
void ab io and that being doae when cases OF this
kind hereafter you hands will be tied and Such
cances cannot be filled by Executive appointment Now,
am not willing to take such course. hope, then,
sir, it will not comprom gentlemen who believe that
this office null from the beginning nasnuch as they
vote, it to be, with those who Vhnk that he
was not entitled his seat, because he had not been
naturaZed nine years prior to the commencement OF the
time of service. that they will vote for this amendment
1t will not compromit them; and when the governors
apponee appears here next winter, they think proper,
they refer his credentials to committee and raise this
question But do they wish, in that event. to have the
record made up that behalf, so that when the
appontee makes his appearance here under the gov
errors commission, those who think differently from
them shall be slenced by the production OF the record
hope not thought that it was proper to place myself
right before my constituents, by expressing these views
and shall be constrained to vote against the resolution
unless amended.
sion, to say word to the Senate OF the United States
upon any question But the character OF the debate du
ring this day has induced me to iorego that determination
unused to these in the Senate and am not
accustomed either to be Individually or collectively
charged with things inconsistent with my character, or
with the whole course OF my life; to have proclaimed
combination form persecution against any honorable
citizen of this country and think it unjust that such
should be made and be allowed to go before
the country to lead the public to believe that there
was ground for the allegation. So far as am con-
cerned, dsclam it utterly. All this, Mr. President, is
said to be allowable by the law parliamentary, the free
dom of debate II may be sir but, for one, though
would not have said anything, were 1t not that imputa
tons have been cast upon the young members of
this body, which, if allowed to go before the country
may he prejudcal to them beg leave
to say now, for ALL that IN my intercourse with my
fellow senators, and in my demeanor before this body
the feelings OF every gentleman VIII be respected and
ening my argument and when their oensiyeness Is no.
ticed, withdraw them
Mr. FOOFE. Does the senator allude to me?
Mr.. DAWSON. Of course.
Mr. FOOTE. will explain, if the senator will allow
Mr. DAWSON Certainly
Mr. FOOrE. What said intended to apply gen.
orally. certainly did not allude directly indirectly to
the senator from Georgia. He has hitherto observed
such silence that was impossible Tor me to know what
the of that senator would be. My language was
general And was general only, because felt bound
to observe the rules of parliamentary decoum: But
wish to be distinctly understood, that what said, said
and its applicability those may apply
ii who feel that it is applicable TO them.
Mr. DAWSON. Then, of course, it has no applca-
bllty to ME, or to any senator with whom have acted
II depends entirely upon their own conscences to judge
OF the applicability And am very that senator
here would be guilty of an act of improperly be
ing in magnanimy; particularly towards an individual
distinguished in the service of the country General
Shields. Now, will pass from that to my friend from
llllnols-asd he will pardon me for calling him So
though do think it was unkind and ungenerous in him
to send abroad an mpuahon upon senators being
gagged in depreciang magnanimous man, who has dis
himself IN the OF the country Ii there is
heart here that can feel more sympathy than another for
gallant sodierif there is gentleman in this Senate
whose sympathies awakened behalf of Gen. Shields
it because by nature he sympathizes with what noble
there be who enterans higher personal respect for
him-who has higher apprecia alton of the services he
has rendered than ! have, | know him not But our
sympahes must not be permitted to stand the way of
our duty They must bow submssively to the oath that
we have taken to support the constitution of the country
But to be held up to the world being the per-
secu,ors of Gen. Shelds-as thrustng him out of the
fhn akn of
tions Such an idea never entered my mind and be-
lieve that it never entered the mind of any senator who
voted upon the question. But | did not rise for this
merely because know my southern friends; | know
the mpulsveness of their character felt it due to my
SELF however, to have it thoroughly adjusted and settled
1t is all past come down now to the question And in
the Language OF the senator from South Carolina say is
a question OF mere constitutional law. What st' Gen
Shields, senator elect for Illinois, here with the
certificate OF election places it before the Senate and
takes his seat member OF the body Taking up the
report OF the committee, find suggested that General
Shields not entitled to the seat Why? Because he is
not constuonaly qualified. The question of constitu
tonal qualification has been referred; and that commit
tee has reported that he is not entitled seat on this
floor, upon the ground that his election was null and
void. And here comes in the great question involving
merely voiablc. will not delay the Senate by drawing
the distinction But merely put analogous CASE and
Il will be reply TO the argument of the senator from
Kentucky. Suppose that and are married, and that
there are preexstng causes, which, according the
common law, would render the marriage, when inves-
gated before The proper tribunal null and void But the
ceremony is performed they married-they become
husband and wife, and subsequently bill Of divorce is
filed; the cause is carried to trial. and those re-exsng
a suh canto of ~