Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-23
WEDNESDAY, DECEMBER Is, 1852.

and frequency with which vacancies might take place in
this body. wish to show the pecuarities of this
particular and in few words to show that the facts
are somewhat novel, but that the principles which apply
the facts precisely the same those which apply to
ordinary vacancies
rhe novelty consists in this that Mr. Clay, by resig
nation in December, created vacancy from and after the
fr.t Monday in September following and then died be-
fore the time reserved to himself had expired In that
he created vacancy by his resignation to take effect
future day. and then by his death before the arrival of
til time created vacancy in the reserved time The only
novelty results from the fact that of that kind had
previously occurred in the history the Senate But how
does the novelty of the fact in creating first vacancy
by resignation and then second vacancy by death, alter
the principles of the constitution Let gentlemen who
may respond to turn their attention they please to
that particular point and show they how the prn-
cpe applicable to vacancies in general is changed-how
the constitution be changedby the novelty of the fact
whereby first vacancy created by resignation and a
second by death for the reserved portion Of the time Sir
il cannot be done.
1t seems to me that those who oppose the view which
taking of this regard seat in the Senate of
the United States indivsibe unita unit that
not be cut up into parts to present what apprehend
to be their view, they regard 1T as single tenement,
which, when leased and tenant put in possession can
be broken into fractions divisions for the time for
which the lease is made and then they say that the ten
being in possession of the house is altogether rd
cuous toput another tenant in while he is there-there
be vacancy that house while there is actual
tenant possessing it. In this way, according to the
gumens which have read Mr.. Clay being in the house
elected Mr. Dixon last December that election was null
and void, because there be such thing putting
two persons in the tenement The Of that
gumenthe of such illustration that consists
in this Those whs rely such physical Illustration
suppose there be division of Senatorial
term they suppose that there is but in this
ment whereasto illustrate further by the figure
there apartments IN the tenement at least there
six sessions of Congress- according the Constitu
ton, embraced by Senatorial term each session
mencing on the first Monday in December In this point
Of view like the six enements in the house. it is perfect
y competent for tenant TO to the landlord give
up FIVE apartments three, one and will only oc-
cupy the residue" and if he does that well may the
landlord fill the apartments thus surrendered and made
by the surrender So il precisely in reference
the Senatorial term of six years. Senator may say
g will resign one two, three four, Ave sessions"
When he does that the constitutional sessions which he
gives up become vacant and the constituted authorities
may fill them But the of the and the pre-
cedens further than that The preeedents 60 far
to that ne surrender part Of session He
may surrender any of the whole term and then there
arises vacancy which may be filed.
Sir these illustrations, growing out of reference to
physical facts, although good conclusive in
argument OF this Sort because office is not thing
which you test by the You cannot it.
feel it, hear it, apply any Of the to it. 1t
abstract idea IL exists in the mind II is creation
of law Ii clearly exists in the abstract view in which
contemplating it, as if il physical existence
that you could see and feel and viewing it abstracy
you clearly that il is dvisible you
that house is dyisible into apartments and that you
render the vacant SUCH diYlslblity
that you render portion Of the house vacant by
surrenderng of the apartments and retaining
or
viii now call the attention Of the Senate two
cases. which 10 place this matter beyond the
possibility Of doubt One Of them is a Kentucky
the case of Mr. Clay and Mr. Crttenden-and being a
Kentucky and having been sanctioned by the Senate
we'll may the Legislature Of Kentucky say In the election
OF Mr. Dixon have precedent 70 justify action
And sir, you reject Mr. Dixon and exclude him from
his seat what win the Legislature and people Of Kentucky
cay when they contrast your present conduct with the
past decision Of the Senate which admitted Mr. Critten
den under precisely the same circumstances those
which exist in behalf Of Mr. Dixon? They will say that
the Senate Of the United States have tolerated things
precisely analogous those which exist in Mr. Dixon
case and without raising word Of objection set pre-
cedent for his elections that when the Legislature Of
Kentucky acted in conformity to that precedent and
elected Mr. Dixon on the presentation OF bis credentials
question raised in the Senate conesting his right
to seat and he rejected and that such exclusion Of
their Senator violated the established law Of this body
and deprived Of the States Of the Union Of half her
representation in the Senate Sir, people may begin to
INQUIRE whether laws are binding without full represen-
tation MY constituents will submit to depriva-
ton Of their constitutional rights and Of the dearest
Of those rights TO free people Is 10 choose for them
selves their lawmakers.
Here are the facts precisely analogous in the Of
Messrs Clay and Crittenden. / have taken them from
the records Of the Senate Mr. Clays full term com
menced the 4th Of March, 1887, and consequently
continued until the % Of March, 1s43-six years. He
resigned and retired from Office his resignation to take
effect the st day of April 1892 After that resigna-
ton-to wit, on the 18th Of February 1892 than
month preceding the time fixed by him for his resignation
to take efectthe Legislature elected Mr. Crittenden to
ill the vacancy. Mr.. Clay the 3lst Of March, the day
before the resignation to take effect presented the
credentials Of his successor to f his own vacancy: and
the LIST Of April Mr. Critenden stepped into the seat
There arc the facts There prospective resignation
by Mr.. Clay There election By the Legislature
OF Kentucky Of Mr. Crittenden more than month before
the time arrived when Mr. Clay was 70 70 out Of Office
There the appearance Of Mr. Ctenden in the Senate
on the day on which the sgnaton was to take effect
and the presentation Of his credentials the taking Of Tho
oath Of Office and his taking the The case run
all fours' precisely with the Of Mr. Dixon. VIII
can discriminate. ] heard IL said the other day tina
the reason why that was law and this law Il
that Mr. Clay sanctioned his resignation by present
ing the credentials Of Mr. Crienden and therefore
frmed the resignation which otherwise would have bee
Intellectual Unless il is good for reason 81 th
sort and bad without it, il is a precisely parallel
every particular with the present case Both are Pr
csely alike in respect resignation 70 take erect at
future day. in respect to election by the Legsatu
before day arrived and the presentation Of the per
elected with his credentials in conformity to his electo
after the prospective resignation rather present resi-
nation, TO be complete future day, had fully tax
effect
The oath OF Office was administered 10 Mr. Crittende
and he allowed to take his without word OF ohJs
ton In that particular ! already the analogy
failed Objection is made II yet remains for us to
whether the objection win prevail Sir, what specta'
shall we the State Of Kentucky If il should n
vail? Ten or fifteen years ago Mr. Clay resigned exact
in the manner he lately resigned Mr. Crittenden "
elected 10 FIJI his place. Mr.. Crittenden took his 50
without any objection. Mr.. Dixon under the sal
circumstances and the Senate rejects him In the On
Of Mr. Crttenden, the resignation Of Mr.. Clay was ma
while the Legislature in session, to take effect at
a.. - tl,an end Of lie Of the /