THURSDAY, March 8, 1849. Mr. Walker submitted the following resolution; which was considered by unanimous consent, and agreed to: "Resolved, That the select committee to inquire into the eligibility of the Hon. James Shields to a seat in the Senate of the United States as a member thereof be authorized to send for persons and papers, and to call to their aid a person authorized to administer oaths, and to take the testimony of such persons as the committee may deem proper, and to procure the proper authentication of any papers or records which the committee may at any time have before it relating to the subject-matter under its consideration." Mr. Walker presented a copy of the record of naturalization in the case of the Hon. James Shields; which was referred to the said select committee. REPORT OF COMMITTEE. Mr. Mason submitted the following report: TUESDAY, March 13, 1849. The select committee to whom was referred the certificate of election of the Hon. James Shields to a seat in this body, with instructions to inquire into the eligibility of the said James Shields to such seat, report That having given due notice to the said James Shields, he appeared before them, and they took the subject into consideration. They further report that the said certificate of election declares that the said James Shields was chosen a Senator of the United States by the legislature of the State of Illinois on the 13th day of January last; that it further appears, and is admitted by the said James Shields, that he is an alien by birth, and the only proof before the committee of the naturalization of the said James Shields in the United States is contained in the copy of a certificate of naturalization in the circuit court of Effingham County, in the said State of Illinois, which is annexed to and made part of this report; by which certificate it appears that the said James Shields was admitted by said court a citizen of the United States on the 21st day of October, 1840. The committee therefore report the following resolution: "Resolved, That the election of James Shields to be a Senator of the United States was void, he not having been a citizen of the United States the term of years required as a qualification to be a Senator of the United States." Ex parte James Shields. This day personally appeared in open court James Shields, and made and filed the following declaration: James Shields, being duly sworn in open court, declares on oath that he was born in the county of Tyrone, in the kingdom of Ireland, on the 17th day of May, about the year 1810; that he emigrated to the United States of America while a minor, and continued to reside in the United States three years next preceding his arriving at the age of twenty-one years, and has continued to reside therein since to the present time; he is now upwards of twenty-one years of age, and has resided upwards of five years within the State of Illinois aforesaid, one of the United States; that it is his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to the Sovereign of Great Britain and Ireland; and he further declares that for three years next preceding the present application it has been his bona fide intention to become a citizen of the United States. JAMES SHIELDS. Subscribed and sworn to in open court, this 21st day of October, 1840. WILLIAM H. BLAKELY, This day personally appeared in open court James Shields, a free white person, upwards of twenty-one years of age, and applied to be admitted to become a citizen of the United States, and who, being duly sworn, declares on oath, in open court, that he will support the Constitution of the United States, and doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatsoever, and particularly of the Sovereign of Great Britain and Ireland, whereof he was born a subject; and the court being satisfied that he has fully complied with the requirements of the laws of the United States on the subject of naturalization, and that he has resided within the United States upwards of five years and within the State of Illinois upwards of one year next preceding this application, and that during the whole of the time of his residence in the United States he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same, it is therefore ordered and adjudged that the said James Shields be admitted a citizen of the United States, and that he is hereby admitted as such. STATE OF ILLINOIS, Effingham County, ss: I, John S. Kelly, clerk of the circuit court in and for said county, certify that the foregoing is a true copy of the record of naturalization in the case of James Shields, entered, as appears upon the record, on the 21st day of October, A. D. 1840. Given under my hand and private seal (there being no official seal yet provided for said court at Effington) this 31st day of January, A. D. 1841. [SEAL.] JOHN S. KELLY, Clerk. [Mr. Mason, when he presented the report, made a statement that a communication in writing to the committee from General Shields had, owing to some inadvertence, never reached them, but that he had since seen it, and that it might be seen by Senators; which statement is found on page 332 of the Congressional Globe referred to.] The Senate, by unanimous consent, proceeded to consider the resolution reported by the committee. Mr. Foote moved that the further consideration of the resolution be postponed until the first Monday in December next.* [The debates on the adoption of the resolution and on Mr. Foote's motion are found on pages 333-336 of the Congressional Globe.] After debate, Ordered, That the further consideration of the resolution be postponed until to morrow. WEDNESDAY, March 14, 1849. The Senate having before it the motion made yesterday, to postpone until the first Monday in December next the resolution in relation to the election of James Shields, a debate ensued, after which Mr. Foote withdrew the motion.† [The debate on this motion is found on pages 337, 338 of the Congressional Globe.] The Senate resumed the consideration of the resolution reported by the select committee in relation to the election of James Shields; and, After debate, On motion by Mr. Cass that the resolution lie on the table, it was determined in the negative-yeas 15, nays 34. On motion by Mr. Cass, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Bradbury, Cass, Dickinson, Douglas, Downs, Fitzpatrick, Foote, Hale, Hamlin, Jones, Rusk, Soulé, Sturgeon, Turney, and Yulee. Those who voted in the negative are Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Borland, Bright, Butler, Calhoun, Chase, Clarke, Corwin, Davis of Massachusetts, Davis of Mississippi, Dawson, Felch, Greene, Hunter, Mangum, Mason, Miller, Morton, Norris, Pearce, Phelps, Seward, Smith, Spruance, Underwood, Upham, Wales, Walker, Webster, and Whitcomb. On motion by Mr. Calhoun to amend the resolution by adding thereto "at the commencement of the term for which he was elected,' After debate, On motion by Mr. Hale that the further consideration of the resolution be postponed until to-morrow, it was decided in the affirmative-yeas 24, nays 23. [The debates on the last two motions are found on pages 338-342 of the Congressional Globe. They include a discussion of the question whether the election of General Shields was void or voidable, and whether, in case the resolution as amended should pass the Senate, the governor of Illinois would have power to fill the vacancy by appointment.] On motion by Mr. Douglas, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Atchison, Bell, Borland, Bradbury, Butler, Cass, Chase, Douglas, Downs, Felch, Fitzpatrick, Foote, Hale, Hunter, Jones, Mason, Norris, Rusk, Seward, Soulé, Sturgeon, Turney, Underwood, and Yulee. Those who voted in the negative are Messrs. Badger, Berrien, Bright, Calhoun, Clarke, Cooper, Corwin, Davis of Massachusetts, Davis of Mississippi, Dawson, Dickinson, Greene, Mangum, Miller, Morton, Pearce, Smith, Spruance, Upham, Wales, Walker, Webster, and Whitcomb. *This motion is taken from the Congressional Globe. It does not appear in the Journal. †This proceeding is taken from the Congressional Globe. It does not appear in the Journal. The Hon. James Shields having handed to the Vice-President a letter tendering his resignation, Mr. Hale called for the reading of the letter, and, no objection being made, the letter was read. Mr. Hale submitted the following resolution for consideration: "Resolved, That the Vice-President be requested to inform the executive of the State of Illinois that the Hon. James Shields has this day resigned his seat in the Senate of the United States." On motion by Mr. Berrien, Ordered, That the consideration of the resolution be postponed until to-morrow. THURSDAY, March 15, 1849. On motion by Mr. Turney that the Senate proceed to the consideration of the resolu tion submitted by Mr. Hale the 14th instant, requesting the Vice-President to inform the executive of the State of Illinois that James Shields has this day resigned his seat in the Senate of the United States, After debate [a debate on the question whether the resolution offered by Mr. Hale or the resolution reported by the committee should be first considered is found on pages 342-346 of the Congressional Globe], On motion by Mr. Davis, of Mississippi, that the motion lie on the table, it was determined in the affirmative-yeas 33, nays 14.* On motion by Mr. Douglas, the yeas and nays being desired by one-fifth of the Sentors present, Those who voted in the affirmative are Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Borland, Bright, Butler, Calhoun, Clark, Cooper, Corwin, Davis of Massachusetts, Davis of Mississippi, Dawson, Dickinson, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Phelps, Seward, Smith, Spruance, Sturgeon, Upham, Wales, Walker, Webster, Whitcomb, and Yulee. Those who voted in the negative are Messrs. Cass, Chase, Douglas, Downs, Felch, Fitzpatrick, Foot, Hale, Jones, Norris, Rusk, Soulé, Turney, and Underwood. On motion by Mr. Mason, the Senate resumed the consideration of the resolution reported by the select committee in relation to the election of James Shields, and, After debate [the debate is found on pages 346, 347 of the Globe], On motion of Mr. Davis, of Mississippi, that it lie on the table, it was determined in the negative-yeas 16, nays 32.† On motion by Mr. Turney, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Cass, Chase, Davis of Mississippi, Douglas, Downs, Fitzpatrick, Foote, Hale, Jones, Norris, Rusk, Soulé, Sturgeon, Turney, Underwood, and Yulee. Those who voted in the negative are Messrs. Badger, Baldwin, Bell, Berrien, Borland, Bradbury, Bright, Butler, Calhoun, Clarke, Cooper, Corwin, Davis of Massachusetts, Dawson, Dickinson, Felch, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Morton, Phelps, Seward, Smith, Spruance, Upham, Wales, Walker, Webster, and Whitcomb. [A further debate on the adoption of the resolution reported by the committee is found on pages 347-351 of the Globe.] On the question to agree to the amendment proposed by Mr. Calhoun the 14th instant, it was determined in the affirmative. On motion by Mr. Underwood further to amend the resolution, by striking out the words "was void," and inserting in lieu thereof the following: "does not entitle him to a seat as such in this body," it was determined in the negative-yeas 16, nays 28. On motion by Mr. Underwood, the yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are Messrs. Atchison, Bradbury, Chase, Davis of Mississippi, Douglas, Downs, Felch, Fitzpatrick, Foote, Jones, Norris, Rusk, Soulé, Sturgeon, Underwood, and Yulee. Those who voted in the negative are Messrs. Badger, Baldwin, Bell, Berrien, Borland, Bright, Butler, Calhoun, Clarke, Cooper, Corwin, Davis of Massachusetts, Dawson, Dickinson, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Morton, Phelps, Seward, Smith, Spruance, Upham, Wales, and Webster. On motion by Mr. Douglas to amend the resolution by striking out all after the word "resolved," and inserting the following in lieu thereof: "That the Vice-President be requested to notify the executive of the State of Illinois that the Hon. James Shields has resigned his seat in this body," It was determined in the negative- yeas 12, nays 32. The Congressional Globe gives this vote yeas 20, nays 15. On motion by Mr. Douglas, the yeas and nays being desired by one-fifth of the Sena tors present, Those who voted in the affirmative are Messrs. Cass, Chase, Douglas, Downs, Fitzpat rick, Foote, Jones, Rusk, Soulé, Sturgeon, Underwood, and Yulee. Those who voted in the negative are Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Borland, Bradbury, Bright, Butler, Calhoun, Clarke, Cooper, Corwin, Davis of Massachusetts, Davis of Mississippi, Dawson, Dickinson, Greene, Hamlin, Hunter, Mangum, Mason, Miller, Morton, Phelps, Seward, Smith, Spruance, Upham, Wales, Walker, and Webster. No further amendment being proposed, the resolution was then agreed to, as follows: "Resolved, That the election of James Shields to be a Senator of the United States was void, he not having been a citizen of the United States the term of years required as a qualification to be a Senator of the United States at the commencement of the term for which he was elected." On motion by Mr. Webster, Ordered, That the Vice-President be requested to transmit to the governor of the State of Illinois a copy of the said resolution, attested by the Secretary of the Senate. [Thirty-second Congress-First session.] YULEE vs. MALLORY, of Florida. January 13, 1851, the general assembly of Florida met in convention to elect a Senator for the term beginning March 4, 1851. A víva voce vote being taken pursuant to the requirements of the constitution of the State, 29 members responded David L. Yulee and 29 responded blank, whereupon the presiding officer declared that there had been no election. January 15 they again met in convention, when 31 members responded R. S. Mallory and 27 voted for Mr. Yulee and others, whereupon the presiding officer declared Mr. Mallory to be duly elected. Neither party appeared to take the seat during the special session of the Senate in March, 1851. March 8 a letter from Mr. Yulee was read stating that he should contest the seat of Mr. Mallory, declared to be elected. December 1, 1851, the credentials of Mr. Mallory were presented and he took the oath. On the same day the letter of Mr. Yulee with accompanying documents was referred to a select committee of five. August 21, 1852, the committee reported that there was in force in that State, at the time of the election, the following resolution: "Resolved, That a majority of all the members-elect composing the two houses of the general assembly shall be necessary to determine all elections devolving upon that body"; that this resolution was joint in fact, though not in form, and was sufficient, though without the forms of law usual in legislation, to regulate the "manner of holding elections"; that the whole number of members-elect in this general assembly was 59, and that Mr. Yulee receiving but 29 votes on the first ballot, did not obtain a sufficient number to elect him; that they recommend the adoption of the following resolution: "Resolved, That the Hon. Stephen R. Mallory was duly elected a member of the Senate of the United States from the 3d day of March, 1851." The resolution passed the Senate August 27, without a dissenting vote. Mr. Yulee's claim to the seat was on the ground that the resolution of the legislature of Florida given above was not such legislation as is requisite in order to change the law of a State, and that the law in Florida had always been that the majority of a quroum of the members composing the legislature could elect, and was at that time the law; that the votes of the 29 voting blank should not be counted at all, and that he being the only qualified person voted for, and receiving 29 votes, had a majority of the legal votes, and more than a majority of a quorum, which majority was 16. The history of the case here given consists of the report of the committee from Senate Reports, 1st sess. 32d Cong., vol. 2, 1851-52, Report No. 349; a transcript of the proceedings of the Senate relating to the case on August 27, 1852 (being the day on which the case was discussed in the Senate), from the Senate Journal, 1st sess. 32d Cong., 1851-'52; and a transcript of the proceedings of the Senate relating to the payment of mileage and per diem to Mr. Yulee from Senate Journals, 1st and 2d sess. 32d Cong. The debates in the case are found on pages 1170-1176 of the Appendix to Congressional Globe, vol. 25, 1st sess. 32d Cong., 1851-'52. A reference to the debates on the question of payment to Mr. Yulee is inserted below. The documents accompanying the case which were printed are found in Senate Miscellaneous, 1st sess. 32d Cong., 1851-'52, Nos. 109 and 110. The minor proceedings of the Senate relating to the case previous to the day of its discussion in the Senate have been omitted in making up the history of this case. REPORT OF COMMITTEE. Committee appointed December 2, 1851.-Messrs. Berrien*, Bright, Davis, Mason, and Pearce. IN THE SENATE OF THE UNITED STATES. AUGUST 21, 1852.-Ordered to be printed. Mr. Bright made the following report: The select committee to whom was referred the memorial of the Hon. David L. Yulee, claiming the seat in the Senate held by the Hon. Stephen R. Mallory, from the State of Florida, together with sundry documents therewith, report: That they have examined the law and the facts connected with this case, they have heard the contestant by able counsel, and the sitting member in person, and after giving to each that consideration which the importance of the questions embraced merits, find that on the 13th day of January, 1851, the general assembly of Florida met in convention of the two houses to choose a Senator of the United States to supply a vacancy which would occur before another constitutional session. The president of the senate presided, and upon a call of the roll a poll viva voce was taken of the members pursuant to the requirements of the constitution of the State, and 29 responded David L. Yulee and 29 blank, whereupon the presiding officer declared that no choice had been made; they then proceeded to a second and third vote, with substantially the same result. On the 15th of January they again met in convention for the same purpose, and upon a call of the roll 31 members responded R. S. Mallory, and 27 votes for Mr. Yulee and others; whereupon the president declared Mr. Mallory to be duly elected. *February 2, 1852, Mr. Berrien resigned and Mr. Badger was appointed in his place February 3, |