The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-20
Walkers trial will elicit vivid interest.
WASHINGTON, March ii, 1919.

General Shields and the Senate--Appo,ntments &c
For the last five years. there has not been q
more interesting debate IN the Senate, than the
one now in progress the case OF General Shields
independently of the importance of the case itself
the fame Of the Senator claiming the seattle
momentous constitutional questions involved
and the many extraordinary collateral circumstan.
ces-the great ability exercised in the discussion
has given it most absorbing interest. 1t has de-
veloped new powers in several members of the
Senate, for which, although known to posses 50
great ability they had not before got credit. Mr..
Douglass has to-day achieved a triumph, which
has seldom been surpassed In that body. Ia
constitutional argument he has completely worsted
some OF those-among them Webster, Calhoun,
and Berrien-who have heretofore been consider
ed as pre-eminent authorities on such subjects-a
triumph, not merely OF that problematical charac-
ter about which there is a difference of opinion,
but one so overwhelming that the gentlemen have
named were necessitated to rccede from the DO.
stlOns they had taken, and totally abandon them.
10 give come idea OF this debate, as l said in
my letter OF yesterday, Mr.. Webster commended
that a man must be nine years citizen at the
time OF his election to be eligible under the con.
titution. This position he abandoned to-day, and
agreed with Mr.. Douglass, that If he be nine years
citizen, at the time his functions commence, it
is all that Is required. This point being given up,
the argument rested on the question whether, as
commended by the committee, the election was
void from the beginning, or merely vodable. Mr.
Douglass contends that the Senate is not warrant
ed In declaring the election void. They may de-
clare the seat OF General Shields vacant, he having
failed TO establish proof OF his eligibility, but they
have no right to go back to an act with which they
have nought to do, and declare act void which
never came within their cognizance. They could
only take cOgnlZance Of what was before them,
and 30 properly within their jurisdiction. Finding
General Shields was no. entitled TO his seat,
they could GUST HIM from 1t, but they could not go
further, and say to the Legislature OF Illinois, tn
It's act, in sending him to the Senate, nudity
Mr. Webster cOntended that they could, and that
II was incumbent on them to do so; that Gen. Shields
not being In a position to exercise the functions
Of his Office, had never been Senator and there.
fore his election was void, db ilttio Mr. Berrien
coRtended that the seat In the Senate vac ated by
Mr. Breese had nevern reality been filled, and that
the Senate could not avoid going back to the election
itself, and declaring It veld Mr.. Douglass asked
IT the Senate had never taken cogalzance of this
case, whether Mr.. Berren commended that the
Legislature Of Illinois, after electng General
Shields IN January, could In February elect
Senate, without the previous action OF the Senate
declaring the seat vacant. Mr.. Berrien declared
his belief that they could do so; but this was so
utterly repugnant to common sense, that the gentle
man afterwards gave 1t but feeble support. Mr..
Douglass urged that 1t IS the action of the Senate
alone, or the Resignation Of General Shields
(Which had been Just handed in) tina, could
create a vacancy IN the Senatorial represen.
tatlOn of Illinois. Mr.. Underwood sustained
the views of Mr.. Douglass, in speech of
great power; and DIVISION being called, Oh
a motion by those agreeing with Mr. Douglass,
TO have the further consideration of the ques-
ton postponed until tomorrow, the motion
prevailed. General Shleldss RESI- gnatlon was then
read, and the further consideration OF the motion
to accept 1t was also postponed till tomorrow.
The debate was one worthy OF the best days OF
the Senate. 1t will be continued tomorrow, and
in all probability coacuded.
IL is rumored this evening, that Mr.. Fletcher
Webster has been nominated District Attorney for
the district of Massachusetts. Mr.. Kelloqg's an
poiHment is regarded triumph Of Seward
over Fillmore, and the friends Of the former are
much elated in consequence N