Columbus Democrat., 1838-02-10

ion OF the legal question, upon which aloneaeur
nghtto our seats depended. That question arose
upon facts with which those here stated bad moth
ing to 10,
Has any thing occurred since the decision of
the House in September, which can justify re-
view OF the decisionl That the Governor OF
Mississippi. still satisfied Of the correctness of
the opinions entertained by him when be ordered
the special election, and pursuing the literal tenor
Of the law of the State, should have ordered the
late seelion. was 10 have been anticipated. The
decision Of the House OF Representatives, howey-
er. Gid not require his conforming 10 It TO make it
bindng Ought the fact lhai, At the late election,
| others than my colleague aud myself were chosen
to have any influence upon the present action Of
| The House! The House, in confirming tho cleo
! lon held in July last, decided in anticipation that
an election the late ene) held in November
would be anuy. As il cannot have my lnhu-
enoe, therefore, as a legal and competem act.
any weight that it may have with members, must
proceed from the belief that II exhibits the wishes
Of majority Of the voters Of Mississippi, ard ~
entitled TO such consideration ms would justify
| the House of Representatives in reviewing, aud,
| fit peases reversing, the decision that has aea
| dy taken place.
| The doctrine that an election, legal In itself,
may be set aside, and member duly qualified
deprived ofhis seat because, after his election.
| majority oil his constituents become dissatisfied
with him, aud elect, ut their own time and place,
| another, is indeed novel Que. The right OF the
people to instruct their representatives. and the
duty Of the representatives to obey sAeh lnstruc
tons or resign their seats, has long been admitted.
but il il vet 10 be maintained, that the House naY
4 a. + 49, hns&1 s,tnI. ,r.
structions were dlsobcyed. Were the seats oil
members dependent during their terms upon The
fluctuations ofpubIc opinion after their election.
The tenure would be indeed uncertain. And yet
the argument that would give weight to the recent
election in Mississippi, merely because It was
supposed TO be indicative OF the present opinions
and wishes Of The people, would, lf carried oui,
| lead to such conclusions. The fact that such
alec,on was made according TO The tenor OF an
erisiine latc makes no difference. Ii The object
Of the election is illegal. i matters little whether
il is authorized to be heldby the Legislature OF
the Governor, or is the act Of the people in their
| primary assemblies.
| have thus attempted TO show, that the dscfs.
ion Of the House Of Representatives on the rights
crmy colleague and myself in September last.
| was not an CT pai te one that Il was made upon
full knowledge Of the facts necessary TO just
Judgment; and ihut nothing las occurred since,
| which can impair its force or weaken It's binding
! character.
| contend, therefore, that the decision in ques
ton s final and conclusive, and bar 10 all fur
thcr proceedings. | am well aware that the terms
thus used by me arc as strong 81 SS cSQld empEAyy
Eaud, in th.t slfict sense, nliBht hhPy ""' "iV
C,r,heracon Of the House would be imperative
Such, however, is no, the extent o. my meaning
In the case ola right vested IN an indVidual' uh-
der an act Of the Legislature, creallhg eohuacs
between tho individual and the Sinte,a court o'
| Justice viii interfere to protect hlm i1om ehy iui-
| iher legislation impainng or taking away ms
yiU}is. There IL power IN such case 70 restrain
the Constitution. In the present ca2e, 'hhee"'s
s,itution mikes the House Of Representatives
the supreme and only Judge. The rights OF tho
| member, awarded 70 lin by The House, may, SO
Gar as feeling, reputation, and honor are concern
Cd, be far moro valuable and iinporiant 10 bim
than any pccuuiery interests thut can grownP I'M
der a contract between (nc State aud m indiydu-
al bul, while tho lat,or is protected by para
mount authority, the protection ot the turrncr is
to be found only in The viii Of the Legislature
and, should this be caprcious, variable, OF npcer-
tam, the individual experiences in his most valued
political rights NIL those wrongs against which
his rights 10 his property cifccuially guard
ed, when the Constitution made il the duty cltbe
courts Of Justice 10 protect them, II is the We
ry absence of any power to restrnln the action oil
the House Of Representatives, in cases like the
prescn-ti is the very fact that its will is The law
that the rights which il gives to-day il may tako
away tomorrow-ihat mako consistency in It's
| 4 -i l,tt4, he
therefore, OF The binding character Of the decision
Of the House in September last, and urge 'hat
decision az bar TO the pretcnsons Of the pres-
ent claimants, ! rely upon the sense Of lis own
dignity, its appreciation Of its own duties, even
where IFS will is unrestricted, 10 make tha action
Of the House as consistent in regard 10 the point
ica rights Of its members, as il those rights, Ike
the vested rights Of individuals, were. under Ne
, protection Of the courts Of justice.
, Had the investigation which took place IN Sep
tember been imperfect owing to any coheealintn nj
{ on the part Of my colleague or mysei-had We
4 suppressed facts or made nlsstatements-iheie
6 would be an equitable reason for the review OF the
: decision then made. Such was not the case,
however; and, considering thai decision as final
0 and conclusive, | have not gone, nor shall 60,
. into any argument TO show that il was correct.
The questions Of law involved in it we're fully and
. a,.g examined and contend that, 80 far as n y
a colleague and myself ore concerned 'hey-"era
. conchsyely settled.
The case Of my colleague and myself does not
d address itself alone 10 the House as mere legal
oneslrn. Ii has the strongest equities on ITS side
Q growing out Of the action Of The House itself.
: Thc election IN Mississippi was held in July, and
II we were in Washington on the first day Of ,h'
q special session. On that DAY, and before th
% House Of Representatives was organized, ou
h rights to our seats was disputed and one OF III
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