Southern telegraph., 1838-03-20


d question whether A or B is entitled 10 q sc,
: on this floor as ..,e Representative Of til
It People Of the State of Mississipp,: but Il,
n question also, whether the right to cho,s
such Representative resides with the PEI
+ pie ofthat State, or in this House; whethe
the laws Of that State, enacted in accord
ance with the express mandate of the Con
3 stitution Of the u. States are mere utilities
whether the Executive authority of State
has the power at his discretion, to abro
gate and nlllfy an admitted constitutions
law. 1t involves more than this; il involves
the question whether the House can, unde,
cuver Of IFS power Of Judging Of the cleo
lions, qualifications, and returns of Its
members, nu!lify constitutional law
Of State or Of Congress, fixing the
time for the election Of Representatives to
G mgress. This is not all; it involves the
right Of the delegations of one-half Of the
States to the very seats which they now oc-
cupy. In fact, 1t involves the constitutional
character of every House Of Representa-
tives that ever assembled in this hall. Such
are some of the considerations which will
arise in this discussion, and doubt not
their magnitude and importance will COM
mand attention, and ensure the most mature
deliberation.
lay down the following propositions
which shall endeavor to demonstrate in the
course Of my argument:
lst. That Messrs. Claiborne and Gholson
never were constitutionally or legally elect
ed Representatives from the State of Mis-
sisSippi to the 25.h Congress; and that the
election in July last, under which they
claim was absolutely and wholly vo:d-a
mere nulIity.
2. That if said election was good for any
thing, it was good Only for the period of
time anterior to that fixed by the law of the
State for the general election, to wit: the
first Monday and day following in Novem-
Der; inasmuch as said July election was
ordered to fill that period only; and that, in
point of fact, no election was ordered or
holden in Mississippi in July last for Repre-
sentatives to the 25,h Congress-.
Sd. That in November last, my colleague
and myself were constitutionally and legal
ly elected Representatives from the State
Of Mississippi to the 25h Congress-.
Bat am met upon the threshold by the |
gentlemen, and told that shall not be per-
mitted 10 demonstrate single one of these
propositions; that, at the special session, a
resolution involving them all was adopted
by this House; that the whole matter be-
came thereby res w saiHasff"asn and conclusive,
nincapable of revision, and binding upon all
the world. They tell me that, even admit
ting the three propositions laid down Ivy me
to be true, still they are entitled to their
seats by virtue of the judgment OF this
House; and that, by said judgment, the
State of Mississippi is estopp ed from proving
that they are not her Representatives. Sach
is the position which the gentlemen have
assumed before the committee, and such IS
the ground which they occupy before the
House. Dipped, Achilles like, in this judi
cial Styx, they deem themselves invu'nera-
BILE; but trus. shall be able 10 find some
soft place in heel or head, to which the ar
row of truth may cleave its way. Have
the gentlemen considered well the attitude
in which they place themselves by this
course? Was MT their better angel nodding
at his post when they resolved upon itY
Was there nothing in the manner and CIR
cumstances under which that decision was
obtained which should make them feel a
particular delicacy in using It for the Pur-
pose of smothering the present investiga-
ton? Whittier has fed that lofty magma
nimity, which, at the last session, induced
the gentlemen to institute proceedings a.
eainst themselves for the purpose Of ascer-
tanning the rights Of their constituentsf-l
that delicate sensibility which could not
brook shadow Of doubt as to the legitina-
~ Of their representative characteH that
fostering protection of the elective franchise?
hat deep yeneration fT the voice Of the
people? that ready obedience to their wilt
Do the gentlemen really wish to repre-
sent the people Of Mississippi, whether they
will or mott Do they actually intend to set 9
I'D a majority of seventeen votes here a.
yainst majority Of seven thousand at
lone? Did they obtain this decision for
he purpose Of extending tho powers dele
rated to them by the Peoplcf Whom do
hey consider their constituents, the People !
# Mississippi or the members Of this. House,
hat they should base their rights here uponl .
he action and will Of The latter, instead oil 9
he former? Does not their valor outrunl
heir discretion in this matter? A bold 6
nan was he, that ancient one, who stole 7
he fire from Heaven aud hid It IN hollow {
'eed; but not less bold is he who would =
teal the elective franchise from the People,
# whole State. and hide It in hollow 9
decision of this House. Let them remem- {
he fate Of Promethens, ssthe vulturc and
he rock.' Come, cast down my glove,
md challenge them TO do battle upon the
merits ofthis cause. What! are they afraid
Z n 4