The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-15

over until Tomorrow and that the letter winch "ehera
SHIELps mas presented may be read
Mr.. WEBSTER single word, and will promise
not TO trouble the Senate further IS to express inc
opinion, that the senator from Illinois Mr.. DouGLAsl
does MS Trend service, and the State no servcc by
The course he recommends Is II not obvious, tha II an
executive appointment should be made the recess there
must be question arising whether there was vacancy
II man has no seat, how can he resign his seal Ii
his election void, there be election, and no
vacancy the question cannot be blnked IN that way
which do no, see at all, am OF opinion, however
The question may be decided. that the question must be
hereafter whether there was vacancy when this resg
nation, called rendered 10 the Senate.
Mr. DOUGLAS | will state to the senator from Mas
sachusetts, [Mr WEBSTER. with all respect, that mus,
Judge for myself whether my has rendered my
State any service not. But il does not seem to me
that II requires argument to convince the Senate that to
deprive her OF the of representation for two years
is doing her no service.
Mr. WEBSTER How does it deprive her of that
power'
Mr. DOUGLAS Because you propose to make de-
cision unnecessarily that shall deprive the governor OF
the power of filling the vacancy.
Mr.. WEBSTER. We do not Interfere with that The
vacancy does t not depend upon our decision:
Mr.. DOUGLAS. Yes, sir The proposition IS to de-
tuition you have not right to declare void That is
the question still pending before you You have not
right To say that the election void. 1t may have
been voidabe The election is vodabe, according to the
facts shown by the committee
But sir, if you had not raised the objection, and he
had held his seat for SIX would you have SAID that
every vote he gave was vod' Clearly not. The votes
would have been valid His acts would have been valid
The votes he has given are valid Everything he has
done here is valid the acts OF any other senator
Why sir. If the election void, these acts would be
void too undertake to say that the election was not
void; vodable-woud become vod-his seat
would become vacant, when you SO declare it, It is fill;
ed and legally filled, until you declare 1T so far legal
as to make his acts valid acts And now SIR to 80 on
and declare that void is to be done with the
known view of the result that you to dsiranchse
the State. If you simply declare the seat vacant, the
governor can appoint Il you permit resignation then
go and do act which you know the consultation
does require you do Why necessary to leave
tine impression that am doing my, State no service
Mr.. WEBSTER. beg the honorable gentemans
pardon ! did not intimate any such thing
MI. DOUGLAS. 1t was twice stated that was doing
Mr.. WEBSTER No The gentleman misunderstood
Mr.. DOUGLAS. am very happy to hear that lmis-
understood him, and therefore take my seat
+ Mr.. FOOTE | will only add upon the point now in
discussion single remark 1t has been said, gen
temen well know, that vacancy cannot arse with re-
gard to an Office never occupied Now, sir, ask if any
man here elsewhere has advocated absurd apropo
son, that office has been filled by appoint
ment. but which was orgnallyvold ami therefore, sir,
posed, shall declare the election mere nullity, and
the governor of Illinois will not be enabled 10 appoint,
in consequence of the vacancy not arising II is very
plain proposition, sir and am astonished that legal
minds do easily lay hold of it, 1t TO me
that peasant, who had his attention suddenly called to IT,
without awbook ever having been in his hands, would
understand at conclude by asking, II II Is not
the intention to accomplish the objects heretofore nti-
mated to deprive one OF the democratic States OF THIS
Union OF OF her senators upon this oor TO increase
the ascendency OF the party III power what The iaenlon
can be?
Mr. BERRIEN desire to acqult myself Of the impu
ation of acting with any dsrespect TO The State OF -
nos and certainly with any want OF courtesy to the gen
tenan whose seat is the subject OF controversy here
Nor do consider myself acting on this question with
view to the vndcaton Of the privileges OF the Senate
We have simply engaged in performing duty which, as
senators, the constitution OF the UnIed States
and il seems to me that we manifest the mos, perfect re-
spect for the State OF Illinois by vlndicans the principles
of that constitution which she with the other States OF
this Union, has ordained the government OF this coun-
try. Now, sir 1t seems that the indications
very clear that the opinion of the majority of the Senate
that this election absolutely void a, the time when
it made, if for other cause be cause The individual
elected qualified 10 take his seat the ith day
of March nstanon the day when, by the constitution,
his senatorial term was to commence Deemns that to
be the opinion OF the Senate ask il any action OF this
Senate change the consequences which must result
from that The senator from Illinois seeks to discharge
the duty which he peculiarly owes 10 his State Sir, we
all owe like duty to the State of Illinois and every other
State in the Union but he mistakes, in my appehen-
sion supposing that any action of this Senate, either
by accepting refusing to accept the resignationby
pas sin- refusing to pass this resoluon-can affect
The right of the State OF Illinois, and the only question
is whether the right shall be exercised by the consu-
ona authorities to appoint or elect senator Now, sir
to the question proposed by the SENATOR which con-
sdered so perfectly yerable Ii this election
void the Office has been filled since the expiration
of the last senatorial term The vacancy will have pre-
to exist, because dependant upon the Interpretation
of the constitution and wholly independent of any action
of The result PROFESSIONALLY announcement to
the State of Illinois The governor cannot appoint,
enable him to appoint by any action OF ours Tor
if accept this resignation and waive the passage OF
this resolution when the governor of Illinois shall
ercse the power of appointing, precisely the same
question would occur when the individual appointed
should take his seat here. The question would be
whether there was vacancy occurring before or after
the adjournment of the Legislature, and if the election
originally void and if not, whether 1t became void
by any action of ours. That question must be met
whenever an executive appointment shall be made, to
occupy the place OF the senator from Illinois upon this
floor
A distinction has been taken between what is denoni
mated void, and voidabe Ii is said that this election
not void, but is only yodable by the action OF the
Senate that the votes which have been given by this
gentleman while Occupying the seat here-whch place
he has occupied by couresy-ae valid votes; and, IN
conse uence that this election, though originally valid
being voidable be voded by the action OF the Sen
ate Mr. President, imagine that such proposition
when deliberately presented to the Senate would not
meet with its favor What, il that the constitutional
provision in regard to the qualification of senator de-
ponds for its enforcement upon the acquescence or OBJ
lection of any Individually What is that proposition.
That this gentleman, elected without the qualifications
which the constitution requires, If we had folded our
and closed lips, might have taken his seat here
and have become constitutional senator, in violation OF
an explicit provision of the constitution Sir, does the
constitution depend for its enforcement its execution
upon the silence activity OF Individuals Can we
change its principles II we had remained sient-if this
sesson at any subsequent time this question had
been brought before the Senate, would it not have been
the incumbent duty OF senators to have regarded the
peme law and not the action of their comfeers, the