Richmond Indiana palladium. [volume] (Richmond, Ind.) 1837-1839, 1838-09-08
] HOLLOWAY s. b. w. DAVIS

but a few days ago changed my opinions upo
the constitutional quest ton involved in the decis
ION Of the House at the extra session, felt am
ious 10 replace the people of Mississippi, 1t Poss
blc where they were before that decision, whic
could only be done by annuIiing the N"vembe
elec ton and referring the matter back again for
ccd me that this can with proprie,y be done; tn
authority for it is found in numerous precedents
as we'll as in the discretion incident to all jodicia
tribunals and this House, acting III that capaci
lty.
| Gentlemen who urge the inv ioability OF thu
| November election, force their conclusion by
/ process something like this: assuming as postu
late what the House by its recent vote has deter
mined to be true, to-wit: that the election IN Ju
| " was void because the Governor had not con
stitutoualiy the power to order 1t, they deduce al
"a nece ssary consequence that the November cleo
| ton was valid, and with an apparent plaustbiii
~ and cogency, urge these rcsuts:-that mas
much as tho first election void and the decis-
ion of the House to the contrary has been rescin-
| ded, the matter stands as though there had been
| no such decision and such July election, and
the election in November having been held under
all the constitutional forms must prevail, and me
gentlemen returned at the election he entitled TO
their seats-or at all events, that tho people oil
Mississippi were not cstopped by an erroneous
decision of the House then existing, IN favor OF the
claims of the first gentlemen.
Although it is no, pretended that this question
is without its difficulties, indeed no questions
are where error has interviewed III any stage OF
their progress, it is nevertheless fact that truth
is often perverted by syliogistic reasoning like
that JUS, quoted, and by differences drawn from
unbending (though acknowledged general propo-
sitions More especially is this the case IN refer
ence to political truths, which affecting great
masses, and resting primarily upon convention
and compromise of elements originally discordant,
can nov er in their detailed investigation bear the
test of philosophical or mathematical accuracy
1t is not a part of my argument to prove tnat
the election in November was void and unconstl-
tutional. but / am prepared to shcw that 1t was
vodablc and ought to be avoided. That election,
it is asserted was constitutional; SO also, reply
was our decision of the Sd Of October, and sup
pose that that decision had stood unreversed du-
rina the whole term of the present Congress, the
most that could be saio Of i: IS. that It was erro
neous, but it could not be considered as making
any infractioh upon the constitutional rignss o.
the people of Mississippi. This House, sitting in
its capacity of judges of an election, with undispu-
ted Jurisdiction the subject matter, IS as
much their tribunal as the ballot box is their scep
tire; and We having decided that their representa-
ton perfect for the term, it seems to me that
decision was supreme, and must suspend all pro-
cecdings on their part at variance with 1t. Our
decision could not be attacked collaterallv, and
uT I'll it was reversed was constitutional foreco-
sure of all the part of the people of Missis
ippi, hvpothccatcd upon its invalid,ty lnValldi-
", did say. That is not even pretended VINO
has said that the decision of the House was nuga-
tory or void? No one! And if rot, ought it not
to be efiicacious in tho matter In which 1t was
uiyen? Ii authenticates the sitting members,
aud Icgazes their acts, and controls tho reia-
tons between the people Of Mississippi and the
branch Of the national legislature,
as to prev ent any steps on their part towai the
anamolv Of having two sets If Representatives,
one de fdcto, and tho other dc jurc. IL IS more
consonan, with the harmony of our institutions
AMI with the order Of our government, that II
should have this effect. No one who values the
elective franchise would desire to see the ballot
box brought in collision with the judicial au-
authority of the House Of Representatives, IN
which BODY next to the ballot box tho popular viii
is supposed to reside. II by virtue OF the July
election Mississippi had no, perfect representa-
ton she presented at least colorado claim m
the members whom she sent, which was after
wards ratified by the Judgment of this House IN
der all the forms which tho constitution itself has
prescribed.
The gentleman from Kentucky, (Mr. Under
woody in furnishing with arguments supposed !
10 Illustrate our views, and thcn disputIng their
"a 'idi,v has rather too much limited the ground
VIC occupy. lie supposes that we compare tins
case to the one of erroneous instructions given By
, court 10 jury for which the verdict will be
,ct aside, and then disputes the analogy by say
ng tina. the jury subordinate TO the court,
bound to rely upon its construction OF the law
md presumed To have done SO, without which
there would hive been no certainty or method In
egai proceedings; whereas here no such relation
,Aists and such presumption can be entertain
3D. because this House ms right TO give to
Mississippi the rule reconstruction by which the
Federal Constitution or their own laws affecting
elections shall be interpreted Nnonc, sir, is bet
or qualified than that gentleman TO determine /
he value of i!iustr ration drawn from orr system
If lrisprudence and Yet l viii venture to say
hat this armour with which he has gratnitousiy
furnished US. is not altogether pcnetrahIe We
10 not claim that the people of State are a sub
,rdinatc element to this body in any o: the DIS
Legislature thereof; but the Congress
nay at any alter such cSuia Sos- eN-
places choosing Senator'S II TURNER p7o-
des hen vacancies happen III the Representation
State, the auihrlty thereof sa ISSUE
yri,s ill such vacancies During the discus
al occurred