The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-16

sent THAT apprehend 10 be their views they regard il
single tenement with regard TO which, when 10 leased
and tenant put in possession, there can be no fractions
divisions OF the time for which the lease made and
then they say tenant being In possession OF the house,
in while he is there There be vacancy in that
house while there actual tenant possessing II and
this way, according TO some oil the arguments which
hear Mr. Clay being in the house. 10 carry the IL
ustraon at the time when the legislature elected in De-
cember, that election was consequently null and void
There could be such thing putting two persons 10
The same tenement al the same time.
Now sir the error in that argument the in such
an illustration as that by the gentlemen who are opposed
10 me- consists in ths that they suppose there be
no division of the they suppose there is but
room in this tenement; whereas, TO illustrate by this
physical instance, there apartments In this ene
at least There are six terms-sis sessions OF Con-
gress according the constitution, embraced by
aoria term and the provisions OF the constitution show
that there six sessions each session commencing
the first Monday in December Now, Mr. President. in
this point OF view. let take the six apartments in the
house it is perfectly competent for the tenant 10 say TO
the landlord, 81 give up five OF the apartmens-l will
nve or and VIII Fl ons q Hssn me The
il he does that, the landlord may lei the apartments thus
surrendered and made vacant by the surrender. The
case is precisely similar with regard 10 me senatorial
term of six years. senator may say, 81 will resign
two or three, four, more sessions " and when he
does that, these stipulated sessions which he gives up
become vacant. and the constituted authorities may MI
| them.
But sir the reasoning in the and the presidents In
the go further than that The presidents 20 lar
surrender any part OF whole term or less, and
then il becomes vacancy which may be filled. Sir,
these illustrations, growing from reference 10 physical
facts not very excellent illustrations IN an argument
of this sort, because Office is not thing which you
test by the senses; you cannot II, or hear ~
or feel IT, or apply any oil the senses to an olce II IS
abstract idea it exists in the mind it is the creation
OF law but sir, il exists clearly n the abstract view
in which contemplating it as if il were physical
existence, which you can see, and feel and handle And
viewing il in this way 1t is just clear that II is dYis
iblet can be shown Just as evdenyas can be shown
that house is dvisibe into apartments and you
render part OF term OF ohce vacant by such dvisib
y. just you render portion OF house vacant by
surendering some OF the apartments and retaining the
remaining one or more
Now, sir, will call the attention OF the Senate to
two which seem TO me 10 PLACE this matter
| beyond the possibility of donb One OF them is Ken
lucky case it is the of MIR Clay and Mr. Crlten
den and sir, being Kentucky case and having been
sanctioned by the Senate, well might the legislature of
Kentucky say in the election Of Mr. Dixon, /" Here is
precedent which authorizes us 70 act precisely as we
| Tend to act in the election Of Mr.. Dixon" And sir, if
you reject Mr.. Dixon and exclude him from the seat,
what will the legislature OF Kentucky say when they
your conduct with that which took place here
tofore They will say, sPhe Senate Of the United States
tolerated things which precisely analogous 10 what
are doing without raising one word OF objection ;
they set the precedent for our action, and when we ACT
in conformity to this precedent, the question raised
the Senate. The established law OF the Senate is vio
lated. and ssnator elect excluded from his seat
and M Gs
commenced the 4h OF March, 1871 have taken all
these facts from the books and records of the Senate
and commencing that time would OF course continue
until the 4th OF March, ls3, when his six years would
terminate. But. sir, he resigned and retired from Office
his resignation 10 take effect upon the LIST day OF April
The resignation 10 take eject upon the LIST OF April
Is42 made the 25th OF February, 1912; 50 ii will
be that there part OF the month oil February and
the whole month OF March to elapse preceding the time
fixed by him when his resignation was 10 take eject
The legislature elected Mr. Crttenden TO I'LL the vacancy
Mr.. Clay presented these credentials OF his own
cessor TO Gil his own vacancy. on the 3lst day of
ri 40 a
effect; and the LIST day OF April Mr. Critenden step
ped into the seat These are the facts OF the case
Here prospective resignation by Mr. Clay; bers is
the election by the legislature of Kentucky OF Mr. Crit
tenden nearly month and half before the time ar
rived when Mr.. Clay was 10 go out OF office; Here
is the appearance OF Mr. Crittenden on the day
when the resignation 10 take effect; the presen-
tatien OF his credentials, the administering OF the
oath OF Office and the taking OF the seat. The whole
case on all ours' precisely with the case OF Mr.
! Dixon. Who can discriminate between them | did
hear said the other day, when hunted up the case that
the why that was law and this was moi law was
that Mr. Clay sanctioned his esignaon by present
ing the credentials OF Mr. Crttenden, and that he there
by confirmed resignation which would not otherwise
have been fact Unless il is good for some reason Of
that Sort il is precisely para with the present
case II is resignation to take effect at future day
il is election before that day arrives il is presenta
ton of the person elected the day when bis term OF
office commenced and the taking OF the oath of Office
exactly in every particular like this WE'LL sir what
kind OF spectacle shall we present 10 the people and egs
ature OF Kentucky, and what do you suppose they will
think about il Why, they will say thai some fifteen
years ago. in the year 1897, Mr. Clay elected, and
subsequently resigned under circumstances precisely sim
liar 10 those under which he resigned and elect
ed Mr. Crtienden under precisely the circumstances
1 under which have elected Mr.. Dixon, Mr..
Crttenden appears and takes his seat without any obec
| ton; Mr.. Dixon comes under the circumstances,
| and the Senate reject ham.
A SENATOR. When did the legislature OF Kentucky
adjourn
| Mr. UNDERWOOD The legislature that elected Mr.
Crtenden Adjourned think, about the last OF February
Our legislatures hardly sit longer than about the first
oil March, and have not Tor many years
Well, Mr. President, here is a precisely in point,
and how are you 10 get clear OF il Here was legis
Iative election OF Mr. Crittenden, because res gnaon
made, but before that resignation took effect II wss
made while the Legislature in session. but it did not
take effect until after their lournmenl The resignation
them not made during the precisely in the
present The legislature then adjourned before the
first OF April arrived, Just the legislature adjourned
Clay TO take effect and Mr. Dixon was 20 take his
seat; that it is utterly impossible discriminate be-
tween the which have produced and the case we
now have IN hand, and you must make rules and
new laws for the government OF the Senate in order TO
get clear OF IT,
An excellent suggestion Is made 10 me-that II il be at.
tempted 10 discriminate between the and that
Mr. Clay confirmed his resignation by presenting The Gre
dentias OF Cenden, does alter the case, because
il still leaves the legislative election TO have taken place
before the vacancy Mr. Clay. in confirming his resg
nation on the 3lst Of March, when he presented the
credentials OF his successor could not make them reiroac
N such way as TO give power to the legislature months
before that time when they had power according
the argument which is made here 80 that you perceive
that there is utter mpossbility, stated, OF getting
clear OF this precedent unless Won intend 10 make entire