Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1837-10-21

representatives submitted the question TO Con
gress as the prrper and only tribunal iGr It's
decision: and that body, by solemn vote de'rr- [
mined, that the election Of July was good anu
valid to constitute them members OF the 2oth
Congress, or for the full period aud term OF Two
years.
This question, then, having been submitted TO
and decided bv the only tribunal competent to
It's adjudication; new question presents Itseli
fr your consideration. When you repair TO
the polls at the November elections to vote for
your other State officers, win YOU again cast
your votes for members of Congress, or VIII
YOU acouiesce in the decision of the house OF
representatives. The question is one OF grave
importance, and demands from you as It has
received from US, the most serious consIdera-
ton. We propose to submit to you few OF
those reflections which have induced us to be-
lieve, that acquiesence in that decision has be-
come the duty of all good citizens Of the State
10 doing so, we dlsclaim all Intention Ia dictate
to people proverbially Jealous of their rights
and privileges First, then, as to the right OF
the Governor to issue his proclamation, ordering
an election previously to the regular time pre-
scrbed by the constitution of the State We
think that all rejecting minds, influenced by
prejudice can meet with but little difficulty IN
coming to Just conclusion. The Federal con-
stltutiun gives 10 the Executive OF the States,
the power to issue writs Of election "to Till va
cances," &c. Now we contend that there was
a vacancy in the representation from this State
after the 4h of March last; and, in fact, this
is necessarily admitted by the issuance If the
proclamation itself
The term vacancy as we understand It,
means something open, empty, absent or want
ing and consequently, when applied to an othce
or place, means, that there is wanting some
person to fill it. Thus, in the case under con-
slderation so soon as the President issued a
proclamation converting Congress, Mississippi
having no representatives, the Governor had
right to issue a general writ of election to ill
the vacancy. In giving this definition, we adj
here to that old and solid maxim of common law
and common sense, that teaches to construc
words and sentences according to their plain and
literal meaning, rather than follow those who
A cayi and mystify, that they may the Letter
mIsead and deceive.
e In support of this construction, we are
5 not lett to the mere construction OF rords,
but are fortified and sustained by number of
precedents in similar cases. Whoever will take
the trouble to look back to the days of the elder
d Adams, will find that he convuked Congress to
e meet in May, Immediately following his inaugu.
/ ration. That then, as nov, there were yacan-
: cies IN some, if not all the States; and that
: special elections were held to fill the same.
These were construed to confer on the members
elect a right to serve the two years, or during
the entire Congress In fact, we have rcson ia
| hnli eot uns NJ ri af
which led to the custom in many Of the States
. of elecling the year beforehand, in anticipation
of the possibility of call session.
But TO come to case of more recent oc.
!. currence and yet fresh 10 the memory o
o most of US. Subsequent to the late war will
Great Britain, Mr.. Madison found ii conven
n lent and proper to convokc congress TO NEE
+ in May following to lay direct tax opro,idt
for the payment ofthe ordinary and extraordi
y nary expenses of the government in carrying
on the war. In that case the state Of NORTH
4 Carolina, which held herregular elections or
the I'd Thursday and Friday in August, filled
her vacancies, by the proclamation of her
: Governor, on the last day of April. In that
o day, when party strife ran hgh-whcn many
Q of those who were federaliss of the deepest
It die, and who have since become national re.
puhlicans, and are even now playing distin.
# guished parts under the more popular name
d Of wings, were doing every thing in their pow.
n er to thwart the views Of the administration
# Even then, the right Of representation wa.
so highly esteemed, that no one ventured tC
question the regularity and proprety of tn,
: election in North Carolina.
= = 1t cannot be that the right of representa-
. ton is less regarded then than now, nor is i
% credible 10 believe that if Wing representa-
# tives had been elected, that that party would
!. be now protesting against its regularity, will
or the same vehement cutlery that they are row
5. making against Messrs. Claiborne and Ghol
ID son. We desire to indulge in no unnccessar,
ar elimination oil remark, but must be permit
ID ted to observe, that whilst the question re
re NAMED undecided and even whilst it wa,
known TO be pending before the proper tribu
&c nal for its decision, the most extraordinary
&c exertions have been using by our poltica
Is opponents, and the most inilammatory ap
peals and addresses made to the people, t
= sustain wing principles and wing candidates
! Under all the views of the subject which
- we have been able to take, we feel it to bt
our own duty, and therefore recommend i
to you, to abstain from giving in any votes a
the ensuing election for members of con
gress, thereby sustaining the decision of oul
&c national council, maintaining unimpared The
= provisions of our constitution, and sustaining
our Representatives in those rights which the
people have clearly conferred upon them.
# TO THE PEOPLE OF MISSISSIPPI.
FELLOW CITIZENS: In July last. as is wei
known, we were elected under the Proclamation
y Of the Governor, and according to the forms
the law, to represent you in Congress. When III,