Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-12-20
SENATOR PRATT.

Messrs EDIroRs have noticed recently several labor
ed articles both in the columns Of the Union and ntel
gencer in relation the constitutional right his seat
Of Senator PRATT the writer in the Union arguing against
and the writer in the Integencer for the right The
tire question: my mind lies in nutshell and if Sena-
tor PRATT is entitled retain his seat then nearly
every Senator holding his seat is in the
tegory.
The language of the Constitution Isl Immediately
after they shall assembled in consequence Of the first
election they shall be divided equally may be into
three classes The seats of the Senators Of the first
shall be vacated at the expiration Of the second year
the second class at the expiration Of the fourth year
and of the third class the expiration of the sixth year
that onehird may be chosen every second year and
if vacancies happen by resignation otherwise during
the of the Legislature of any State the Execu-
tive thereof may make temporary appointments until the
next meeting of the Legislature which shall then fill
such vacancies"
The ground which the writer in the Union POUNDS his
argument to the wrongful holding Of his seat by Soma
PRATT is that he was elected by the Legislature Of
Maryland to take his in anticipation of the expiration
of regular term and that the expiration Of that regular
term constitutes vacancy under the last clause Of the pa
ragraph above quoted
Some stress is also laid upon the fact that the Legsla
ture Of Maryland which elected Senator PRATT became
nctus oo under the Constitution Of that State before
he took his seat in the Senate There can however be
weight attached to this point because the first clause
Of the third section Of the Constitution provides that the
Senators shall be chosen by the Legislature Of the State
for six years and will either the boldncss
have the folly advance aguent ad a5sdu that
Senator could haze taken his the first Congress who
elected by Legislature whose constitutional expired
before the Senatorial term commenced The legislative
terms Of the members of many of the State Legislatures
commence in January; and the election is for
year. they, Of course end in the succeeding January
This is the in Massachusetts, We will suppose it to
have been the in majority Of the States prior the
first election admitting the argument Of the writer in the
Union there could haze been no Senate Of the United States on
the 4M day Of March, 1889! There cam therefore, be mo-
thing in that point.
come back, then, to the only argument that has any
color Of argument of the writer in the Union viz that Sc
Pratt elected to fill pacaney occurring under the
last clause Of the drce ratre vacancies He was elected
to I'LL such paeancy! The words are and vacancies
happen" What is the meaning of the word happen ?"
/" To come by chance" to without ones previous
expectation"-"t to fall Quito fall come unexpect-
edly" will ask does the occurring Of avacancy in the
Senate Of the United States, fixed by the Constitution
and well known the rising the setting Of the sum-
under any definition of the word happen, It does
And the meaning Of the trainers Of the Constitution
could not have been strongly clearly expressed if
they had said, and if vacancies Unexpectedly, De
The vacancy filed by Mr. PRATT did not happen it was
regular constitutional vacancy and the filing of it was
correctly and consttutionay done, and he more
ousted than any other Senator the United States
Senate.
In the of Col SEWER, which is quoted prece
dent the vacancy did happen, for it decided by lot
and "came by chance" and the Legislature could not
Know that it to arise his case and therefore could
NOT make provision for the filing Of it.
Inc only answer to any other precedents exactly in
point such there is that arc liable to and
are men, and the Senate may have done wrong
tney nave, they will doubtless correct their
need not 30 into the strong argument that might be
IN view Of the great taken by the trainers Of
to provide that the Senate should be al
iu ana the corolary that would were there
any thing in the objections to Senator PnArr holding his
winch would be that the Senate never could be full
A CONSTITUTIONAL DEMOCRAT.
WARRINGTON, DECEMBER H. 1851