The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-07

upon which his eligibility rests, would now make
The question remains for himself personay. whether
he will choose to avail himself of his credentials before
that question is settled, whether he will have the
question settled first Appearing here and presenting ha
credentials, appears that he is entitled to Be sd
mitted as member Of this body, to have the oath Of
office administered to him. and to act as pember Of the
tanned that he is not 1t does not seem to me- sir that
there is any conflict whatever between the application of
Mr. Shields to BE- sworn in and the resolution to refer
the introduction Of the resolution Il appear. 70 me
very clear that that should be the course pursued
Mr.. BUTLER Iagree with the views which have been
taken upon this subject. There may be others who en-
terrain different views and upon this ground: General
Shields forward with credentials under the seal OF
his State, the State of Illinois The State Of Illinois
have passed upon his right The presumption is that
they have investigated it, The presumption is that the
his qualifications; and those credentials coming to
der the seal of the State, are prna aee evidence OF his
eligibility;
ceedngs at law which the reporter could not hear with
any distinctness, and proceeded
give opinion with regard to the eligibility OF Gen.
to a seat.
While am up, will take the liberty to say that this
matter, when it is REFEREED as il certainly will be. ought
to be referred to select committee on privileges, raised
specially for the purpose has been proposed to refer
il to the Committee on the Judiciary AT present there
organized it does not touch the high question involved
in this debate think that select committee should be
appointed, consist Of the Oldest members of the Senate
without regard to party.
Mr. WEBSTER This is very important question:
and becomes TO act not to deprive ourselves of
any power of exercising our undoubed constitutional
right with regard to the quail of this gentleman
and the time with proper respect towards
the State which has sent TO MS the senator elect who
now asks that ne may be qualified. believe, sir the
There may be instances and presidents in which the OBJ
lection has been taken before the member has been
ceiyed in one House Or the Other The common course
is the other way. BY being admitted and sworn,
confirmation is cast implied upon his election. He is
then to produce his credentials The case is to be prop
ery examined and properly decided. On the whole, sir.
OF opinion that the honorable member, the senator
elect from the State of Illinois, should be permitted to be
and to take his and then would be the proper
tune AcHsoN his essday IT, my attention wa.
called the journal in relation the proceedings in the
of GaatD. found them 10 be in substance these:
Mr. Galatn presented himself and upon his credentials,
was sworn in Another senator was then sworn, and
thereafter communication. in the shape OF
emonsrance denying his eligibility, presented TO
sion He first sworn and admitted to seat There
very strong presumption that the remonstrance was,
prior to his being in the hands of the presiding
officer, and that he delayed presenting it until after he
should have taken his seat
Mr.. BERRlEN. do not apprehend that it can be Of
Importance relation to the ultimate action OF the SEN
ate upon this subject which OF these in relation
to this matter shall be pursued but do not accord to
all the suggestions made, and therefore shall wish
very Oety 10 Stale the views winch nave NO one B
disposed pay respect the certificate Of any
of the States OF this Union than am. 1t is said that
that certificate s ce evidence of the qualification
of the person elected think not. 1t is prina facie ev-
dence and until controverted must be conclusive evil
dence of the regular election by the legislatures but that
is the only function which, under the constitution, they
any evidence, of the qualification of the individual,
because, by the constitution this house Is the exclusive
Judge Of that question But sir, it is suggested that the
Senate to be sworn in upon those credentials present
Ease of atirmance OF his qualification and they must
stand until the contrary shall be shown; Now, on the
other hand, desire to say, sir, that when member
II this body, senator duly qualified offers reso-
ution proposing inquiry into the eligibility of
e ea o seat hsi j due oaS
seem to to be the correct would be that the
from Wisconsin should state TO the Senate the
grounds upon which he submitted that resolution. We
shall then have before us the facts and may decide be-
ween these two courses make this suggestion partic-
llary because suppose the senator elect is not disposed
will be conceded by the applicant leaving the Senate
he decision OF the constitutional question which rises
upon facts. which presume will be admitted hope,
he Senate the ground upon which he has submitted that
Mr. WALKER obtained the floor, but gave wayto
Mr. DOUGLAS, who said: | wish merely to interpose
he remark that my motion not made at the request
II even with the previous knowledge OF Gen. Shields
made by me as the only senator from Illinois upon
his floor, insisting upon the rights OF that State.
lave no objection to the senator from Wisconsin making
my statement of fact that he chooses but if the object
s to go with the investigation OF that statement of
acts informally, is superseding my motion; and
against that | must enter my protest. because if he
,rngs in informally statement Of facts, the gentleman
the other side, who kept outside of the bar, has
opportunity to take up and reply You see you never
will get through in this way, by piece and irreg-
llarty. insist that the proper mode is to allow him to
and then TO proceed with the investigation regu-
arly and have the testimony regularly brought before
lou. do not know whether the gentleman from Geor
,a Mr. BERRIEN] right in saying that there will be
10 doubt with regard to the facts. do not know myself
the facts are, and therefore not prepared to
make any statement whether there will will not be
conflict of this sort but hope sir shall 80 regularly
% work.
Mr. WALKER. | do not propose TO take any course
which may seem to be contrary to precedent or contrary
the general wish of the Senate. This is matter of
ntire Indifference to Upon former occasion, sir,
before you occupied the chair President of this body
when the credentials of General Shields were intro
uced, | rose and stated what my object was in ma
ting the motion which | have now made, and which
vas then withdrawn upon the suggestion OF the honor
ble senator from North Carolina then said that in
Justice General Shields in justice to the Senate OF the
United States and in justice to the country, should
the reference of his credentials to the Committee
IN the Judiciary, with instructions 10 inquire into his
eligibility. wish here as intended then, to be under
TODD that have desire of the remotest kind to do
nything which may tend to exclude General Shields
rom seat in this body
lferent capacities. have known him in a military
apacty, and have known him in a civil capacity. L
iave known HIM to be gentleman of ability. In ine
elds which he has lately visited, the enemies OF his
country have known him OF valor and bravery.
have known him at early period OF my liie and at
IN early period OF his life, when the State from whence ne
low was the home of both OF u.s. Ana would
,ot willingly haar the imnnfaon of raising