The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1838-03-02
ADDRESS OF S. S. PRENTISS
To the People Of the State Of Miosissii2r

Y
vote ever poled for that office in the State.
The election was holden, as you well know,
at the time, places, and 10 the manner pre-
scribed by your laws, which laws we're en-
acted by your Legislature, under the express
authority Of the constitution Of the United
States. Immediately after ascer'anlng tho
resait Of that election, | received from the
/ Governor credentials, in pursuance of law,
and repaired, with all convenient speed, 10
the federal city. ] presented my creden.
tias TO the Speaker Of the House Of Repre-
sentatives, and demanded TO be sworn in as
member. The Speaker refused and |
was told that the seats belonging TO the
State Of Mississippi were already filed
On examination, | found them occupied by
Messrs. Claiborne and Gholson. You pro-
badly recollect that, in July last, you elected
those gentlemen TO serve you until superse.
ded by such persons as you might select, at
the general election 10 November. On pre-.
senilng my power Of attorney from you, dis.
pensing with their further service, and SUBJ
stiuting my self and colleague in their pla-
ces, they utterly refused 10 obey, and set
your mandate at open defiance. Indeed,
they had previously asserted, upon the floor
Of the House, that you had elected them for
the whole of the 25tb Congress that they
had been candidates for the whole term,
aud that you so understood it. They de.
handed and obtained, at the special session,
by resolution introduced by themselves,
decision that they we're duly elected 10 the
whole Of the 18th Congress and, relying
upon this decision, thew objected, both be-
fore the committee and the House 10 any
examination into the question whether you
did, in reality, intend TO elect .hem for a
longer period than the special session tuus
basing their claim TO seats, not upon your
viii but upon a decision Of the House of
Representatives procured at their own IN
stigaton, upon an eg pdrte examination OF
Toe case, and without the production q any
credentials or certificate of election naa..
ever. Finding The attitude in which ,he
natter stood, | proceeded at once 10 attack
the decision of the House, as unconstiiution-
Al, ex parte, and founded upon palpdbie mis-
take. took The ground thar, whatever
night be the validity of the July cleo
ton, it was not intended 10 supeIsede, nor
could II consttu.' onalIy sUpersede, the reg
uIar election IN November and that the
constitutional hts Of the people of Missis-
siDp were beyond the control, and above
the jurisdiction of the House Of Ropresen-
fa'lveS. | denied the power OF one branch
II the Federal Legislature to nullify the adj
mi,ted constitutional law of the State of
Mississippi, fixing the time for the election
of her Representatives 70 Co, gress. | open
ly denied, on your behalf, auy Intention of
.urrenderlng your constitutional relt Of
choosing your Representatives at the time,
place, ard in the manner prescribed by
our laws.
After most severe and memorable con-
test, in which every art and ailott was ex.
haused for the purpose of Sustaining Messrs.
Claiborne and Gholson in their usu ped
places, the House at length soemnly decld.
ID that they were not entt!ed'to seats as
the Representative of the State Of MIssis-
slppi, on the express ground that the July
election vas unconstitutional and void
This decision was predicated upon the OBJ.
vIous principle, that the constitution OF the
United States expressly delegates to the
State Legislatures the sower Of designating
the time, place, and manner Of election,
uncontrolled, except by law Of Congress;
and that the Legislature of Mississippi hav-
ing, in the legitimate exercise of this pow
er, fixed the first Monday and day follow
inc of November as the time for the cleo
ton of her Representatives TO the 25th Con.
gress, the Governor had no authority 10
change the time SO designated.
SO far the House CT Representatives hon.
orally rectifed an acknowledged error into
which they had fallen, and sustained YOU a.
ualust the attack which had been made by
Messrs. Claiborne and Gholson upon your
most sacred constitutional rights, and these
gentlemen were Justly turned out of the
seats to which they had clung with such
lesparate tenacity. | would for the honor
If the American nation, could stop here.
No sooner, however, had the House decid.
d that the July election was void, because
November was the only time at which an
election could be valid, then they turned a.
ound and again decided that the Novem.
'er election was void, because of the error
nio which the House had fallen and this
ecision was made upon the avowed and
doctrine, that you could not ex.
rcise your admitted constitutional right Of
heosing Representatives, SO long as The
lunder of the House in relation to it re.
main unacknowledsed.