Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1838-01-20
From the Globe. Dee. y.
MISSISSIPPI ELECTION.


and, ia effect, required the expulsion OF Me,,rs
Claiborne aud Ghoison 10 make room for them.
The question is simply this. The Governor of
Mississippi, by proclamation, in consequence Of
the called session Of Congress, notified the peo-
pie TO elect Representatives to ill the vacancy N
the Congressional representation OF the Union,
that State having no member since the expiration
of the Congress on the Attn of March. Mcs,rs
Claiborne and Ghoson were elected by large
majority TO till the vacancy which the Constm-
ton, m such cases, require to be filled. The va
cancy, in this case, was the whole term Of two
years, save that portion Of 1t which had expired
before the fourth of March, and the fall when
the election was held. This was the decision OF
the House, when objection was made 10 MessrS
Claiborne and Gholson As members at the Sep
TENDER session. 1t was then adjudlcaed by the
House that the Governor had a right, under the
circumstances, to call an election TO fill the va
! cancy, in anticipation Of the time by the State
law, in virtue Of the supreme aw--the Consttu-
ton Of the United States and that the vacancy
so filled under the provisions of that instruments
must be the whole uneXpued term of two years.
No election was ever held in tins country 10 iil
part of ii vacancy. The Governor, il was ad.
judged by the House, could not restrict the cleo
ton to one session, to two or three. The Con
sttuton conlerS no authority to sever the Con
gresSIona term into fractions, and to elect mom-
bers for the part Of the term. Nor does 1t au
thonze, when vacancy occurs during the term,
that the vacancy shall be divided into parts, and
several elections held to fill several portions oihe
vacancy. The Constitution requires that mem.
beis shall be elected for the full Congressional
period OF two years; and when vacancies occur.
for the whole period ofthe term remaining vacant.
The whole practice ofthe Government ha, been
in conformity with this decision of the House.
No mcmbcr of Congress was ever elected tor
less perlpd than two years, or the whole remain
ing portion of the term of two years racaat at the
time ofholding the election to be filled by It. If
Governors or State Legislatures were 10 under
take to coDfne the operation of an election TO a
single session Of Congress, it would be an attemrt
to supercede the Constitution of the United States
by the executive or Legislative will of a sinole
State.
Notwithstanding the explicit terms of the Con.
stltullon--the unqucstionable state Of fact in rea
ton TO the election under 1.-THE unin,errupted
praclce down to the present case, and the SOL
emo and hnal decision recognising the letter.
SPIRIT aud practice, all in consonance, by the
present House Of Representatives, the sole iudge
IN the case, and without appeal. yet the defeated
candidate, Mr.. Prenliss, with his colleague. re-
solved to run another race by themselves, to fill a
vacancy which the Hnnsa e" n
and argument, had declared already filled
The Federal party now pretend this was an
er parte decision and yet the question was rais
ed by them as party. They denied the right
of Messrs. Gholson and Claiborne for the special
session, although elected by the people over the
prominent man who denies, with the very party
that demanded it, the validity of the decision of
the only tribunal to try and adJudge the issue
thus forced on it.
On the preliminary question of reference, tho
Federal party objected to submitting the case to
the Committee of Elections for report, on the
ground that it had already decided in favor OF the
sitting members and yet the same men insisted
that the House should readludIcate the case, al
though it had been discussed, fully considered,
and finally confirmed the report Of that committee
on repeated votes.
They now set up the late vote for Mr.. Prent.ss
and his colleague, in opposition to the Judicial
decision of the House. When before did these
men advocate the doctrine, that questions refer
red by the Constitution to judicial tribunals
pecially judicial tribunal composed of the Rep
resen,atives Of the people ofthe whole Union
should be tried by an election in one Of me
States Was not this an er parte election
There were no opposing candidates, and we are
not at all surprised that thousands who refused
Mr.. Prcntiss and his party their votes, when pow,
er was TO be conferred by them, should crafty
them, when called to the polls to vote FIR State
officers, and when they knew that it was mere
matter of compliment, and conferred no trust. As
an act 10 solace disappointed party, it was well
enough. The people understood perfectly that
it only conferred a titular dgnity-a slnecure
station-becausc they only allowed Mr.. Prentlss
and his colleague 10 ask the House TO reverse
their own judgment, and divest Messrs. Clai.
borne and Gholson Of right which that body
had Just declared was vested in them by the vote
ofhe people that in fact they only gave the ner
honorary members elect, leave TO ask the House
for what they knew would be denled--to expel
members without fault, and take from them a
right w,,ch they had already decided to be vested
by the people and the Constitution. The case OF
Messrs. Prentiss and Word is like that Of appll-
cauts for Office, who go about soliciting recon-.
mendations for place, on condition it should be
vacated by some worthy incumbent. As 1t is
onl, asking leave to ask for very remote con
tingent remainder, for which there is no compc-
titon, and scarcely possibility OF It's being with
in the reach of the applicant, even if the vacancy
should happen, every body who is begged signs
as a matter of course. 1t would be a sad refec'
ton on the benevolence Of our countrymen, To
suppose they would deny bo n that costs item
nothing. To suppose that MI. Prentiss, who
was in minority OF some thousands upon stree
party division only few months before should
all at once become so popular as TO carry The
majority in State to expeI the members they
had elected, when the result Of the same election
- a. IL. I latina and the chief o.