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

III
original act, act under it mpart validity legality
The vacancy must, therefore, have existed from the be-
ginning II the party could not take The seat, he could
not resign IT,
Mr.. DOUGLAS. He is filling il now
Mr.. BERRlEN. No. sir, he never hled IT.
Mr.. BUTLER. do not wish to be misunderstood in
My opinion is that the proposition o red by the honorable
senator from Wisconsin and the amendment offered by nv
colleague involve the same principle II does appear to
me- sir, a strange difference OF opinion which ex
lists upon this subject, when we come to analyze it
| maintained yesterday. and ! mainain now, tina,
although Gen SHIELDS was ineligible at the time when
he elected II he could have taken his seat upon the
4th OF March, he would then have been eligible But
az it seems that he could not take his seat upon the Alb
of March. do not see how the proposition can be main.
tanned that he had valid title to seat upon thi,
floor The question to me to be- Did tAc election
confer upon him valid title TO seat in the Senate Of
the United States, the 4ih OF March II did not
confer upon him valid title, 1t was no title al all You
may call i, voidabe, or void But hold that the case
may be presented thus He had IN his possession prima
fcte evidence that he senator lie came here un.
der that presumpion-npon the mere exhibition of an
ostensble ti,le if qualify my remarks still morebut III.
it ascertainea that that title conferred upon
him right at ALL and that he had taken his merely
under that title, not being valid title at all, 1t VOID
title.
The question has been asked "Are his acts valid !"
Why, sir, administrators acts are regarded valid
during the time that he administers the estate His pow.
ers are revoked the will is found; but bis
previous acts are valid. If possesses Decd and
upon bringing it before the judge i is rejected, why sir
IL
rejected it is deed at all You may call it void or
voidable. 1t is voldabe and when il is asceained tina,
there is no title at all. ii is perfectly void Now, the
question has been presented by the honorable senator
from Illinois whether il competent for the Legislature
OF Illinois to have instituted inquiry after had given
the election to General SHIELDS, and have made new
election. hold, sir, that if the Legislature OF Illinois
had become satisfied that they had, by mistake elected
man who not eligible, they could have nstutedan
inquiry and if they iouhd that they were Wsr they
maintained the same proposition yesterday, and it has
been converted into another. hold that the proposition
before US, and the proposition OF my colleague are the
same as the proposition | conended for yesterday. |
cannot conceive how there can be difference of opinion
upon the subject-ooking at it, mean, as mere legal
proposition General SHIELDS took his seat upon the pre-
he had no title, if is evident that he could not retain his
seat We cannot consrue the constitution OF the United
States in spirit OF accommodation My incllnatonS
are always pacific, but cannot compromise any opinion
entertain upon this subject because my lnclnatons
in favor of allowing this clanan to take his seat Its
not 9ny our duty p ba 70 me aaI II rs ns a
detnvey settled by the body without further delay.
know il is said that General SHIELDS has offered 10
.gn but sir if ne had nothing to resign that Is blank
this, you must the inquiry back to the proposition OF
The senator from Illinois. Was this place ever hled
the has seo sn to III ya a s to #
presume the consequence will be very readily ded
that he had nothing to resign, believe it is as
sumei that the governor can fill the vacancy and tho
sooner it is ascerained that such vacancy exists the
BETTER in order to enable the governor OF Illinois to take
10 have the State represented by senator upon
this floor shall be very much mistaken i gentlemen
not be compelled, by their own judgments and convc
TONS TO yield the point. would take any ground in
favor Of the State or OF the member, that could take
under the constitution But, sir that mandate that
imposes upon obligations that cannot, for single
moment, allow to be subjected to other considerations
say WIN dae IsSpect 70 the honorable senate. IRON
course he has acted from the very highest motivesbu
think Ii is the interest at this time Of all concerned to
come to true judgment, whatever that Judgment may
be- conclude, as rose, by saying that believe that
the propositions to amend by my colleague and the SEN
a,or IRON Wisconsin, are precisely The same.
mr. nNDEaW1oD. | always hear the gsn ai.a,S
standing that think he is wrong and the senator from
limos right, on The present question want To- give
my reasons for that opinion think if my friend from
South Carolina be in error il is consequence OF his
supposlng that an Office cannot be conferred upon an In
vidual unless that Individual is competent to exercise
proposition which he lays down is not correct | be-
lleve that an office may be conferred upon an indi
vdua. and yet that individual may be rendered legal
~ incompetent, when the investigation takes place, to
hold and to exercise that office. But while it has
been conferred and until it is repealed-unt the
lhorty which has been conferred is taken from him,
the office Now. sir, let reason about this matter
you please, little Let us look at the constitution The
constitution says that unless an individual has been nine
years citizen of the United Stales he shall not bea
senator. That is not all the prohibition. 1t says that
less he has attained the age of thirty years. he shall not
be senator And that is not all il then says that il he
is convicted OF high crimes msdemeanors he may be
lmpeached and that the judgment upon the impeach
ment - l will read the constitutional provision,
sir, as see some shaking OF heads
Judgment in of impeachment shall extend
further than removal from oiice and disqualification
hold and any Office OF honor trust profit underline
United States"
Now, sir, if you look at the constitution you will find
that age, aienage and conviction upon impeachment
all amount to individual disqualification to hold Office. But
how do you reach it, sir You reach it under another
provision OF the constitution, which requires that each
turns of its members; and when the House, upon
proper investigation, comes 10 the conclusion that any
member of the House has not attained the full age
OF thirty years. or that he is ncapacitaed by alien
age, or that he has been convicted, upon impeach'
ment OF some crime then, sir, it is virtue OF the sen
tence OF that tribunal which has investigated the facts
that the office becomes vacant and the member is turned
out Until that sentence is pronounced by the body judy
Ing OF the qualifications of its members the original EVIL
dence OF election stands perfectly unmpeached and there
IS no question IN regard to alenage mpeach
ment, or any other disqualification which possibly
arise 1t arises only, sir. upon investigation upon
the part of the body. under its constitutional right TO
investigate the qualifications of its members. Upon
that investigation, when the body determines that
b. sitting member, does not possess the constitutional
qualifications, then the sentence OF the body removal
from office Then sir, what produces the vacancy lhe
vacancy is produced not by the individuals lacking the
constitutional qualifications: not at all The vacancy
matter and coming to the conclusion that the constu
ona requisite does not exist in particular case Does
Il create vacancy by relation What is the idea winch
Is advocated by the gentleman over the way! Does
create vacancy by relaton'
Sir, let me illustrate it By giving State case DO
f,E vfnlrs " lu.A I'm a!yth