Southern telegraph., 1838-03-27


these facts. Possessing this information
Know not how they could reconcile it with
their consciences to conceal it from the
House. However, it is with the flcts and
not with the conscienccs Of the committee
that my business lies. The facts Which
have stated are now uncon,rovertcd.
leave them without Comment to the ,ndy.
ment of the House, with this single ques-
ton, Were not many homo, able gentlemen
deceived and mistaken as to the intention
and extent Of the JaIy election? Aud did
they not consider that intention material
tact IN arriving at Il conclusion favorable to
| the claim of the sitting membersf
In conclusion of this branch Of nv arru.
ment, have only to say, thar have looked
and listened in vain for the reason and au-
thority upon which to sustain the assumption
| taken by my opponents, that this House
cannot review or reverse its previous docis-
| ion.
lie: us examine the position moment.
| BY what rule is this II ,use imperativcly
governed aud bound in its own proceed
ings? First, by the Constitution Of tho
United States, and the laws passed in pur.
suance thereof; and, secondly, by the reg
ulatlons adopted for its own govcrnnl.mt,
SO long as these regulations remain unres
cin1ed. 1t is bound no further. The rules
of proceeding in courts of Justice are of na
force in this Hall beyond what proprictv
and a sense of justice may warrant
There is no provision in the Constitution,
the laws, or the regulations adopted by this
| House, which forbids review and reversal
of the decision Of the last session. The
analogies, drawn from the courts oflaw, adj
dress themselves only to the propriety and
not to the right of this House. From the
technical arguments, SO deliberately dedu-
ced from that source, one would rather sup
pose this was a county court, than tho high
court Of parliament.
1t would be strange, inleel, ifthe Amer
lean Congress was the only h, dy in winch
wrong once committed is incapable of re-
paration, and error hardened into judicial
decision. becomes impcrvious t, truth.
The House has,by referring the snhjec:to
a committee, acknowledged jurisdiction over
it, and has ;hereny decided the matter 10 be-
still within its control: for i, wond be a
mockery, after having proceeded for weeks
through its committee, in the Investigation,
now 10 say that it has the power to exam
inc, but not the power to conclude ;.he pow
er to hear, bu, not the power to i,dgc.
have thus, Mr.. Speaker, endeavored to
show, not only that this House has the pow
er to review its former decision, bat that
Justice requires it to exercise that power-
[ have atte mpted to clear the way to the ex-
animation of the great constitutional ques-
ton involved and trust my labor has not
been entirely without sucrcss. Upon tho
suppnsiion that tho House will come to tho
conclusion h,f, If wrong has been done, N
| principle stands in the way u' it's re;,ara-
ion, shall proceed to the examination Of
the propositions lat! down in the early part
OF my argument: And, first, that the e!ec-
ton of Messrs Claiborne and Ghols m, in
July last, was uacon .itutional, nall, and
void.
The election was holden in July by vir.
tue Of the proclamation of the State Exc
cniivc. Two questions arise. FARSI. HID
the Governor of Mississippi constitutional
power to order at that time an election for
Representatives to the Twcnty-ffh Con-
gres.? Secend Did he exercise the pow
cg? FIRST. Had he the p,wer? He had it
not by virtue of any provision in the Cnns;i-
tuition or laws Of the State. All his auihor-
| i,v over the s;iAiscl of election Of Represen-
tatives TO Congress is derived from the con.
| stiiuion of The United States, and is embrl-
| cesl in the following clause, Art. I, sec.3:
"When vacancies happen in the repre-
senta,ou from any Safe, the Exec alive au-
th ,ritv the re # Sh ii Issue writs Of election to
to flslct vacancies U,,na the coussru.-
lion OF tn clause the wh1!e controversy as
to the first p,int hangs. Let US then en-
dcavor to ascertain what the trainers of the
Constitution meant by s'vacaucy in tho
representation from S:ate."
The best rule Of interpretation is to as
certain, II practicable, the latent and object
of the Iaw-giver, and then 50 canstr,le the
words as to cover the intent and attain the
Object. This intent may be best ascersained
by consideration Of the necessity which
gave rise to the provision. The ffamors OF
the Constitution, in prescribing the general
modes through which tia right of represen-
ta.ion should be exercised, very wisely con-
cluded That the regulations of this most inn
portant u all political rights should be pla-
ccd IN the lisnds Of the Legislature of the
States respectively, as the safest deposito-
ries Of SO important trust. Accordingly
lhey provided, by fosrih section Of the FIRST
article, that SHE times places, aud manner
Of holding elections for Scnatorsand Repre-
scntasives shall be prescribed in each Stats
by the Legislature thereof; but,the Congress
may at any time by law make or alter such
regulations, except as to the place of clloos
stag Senator'S"
Hero The powor Of prescribing the sirnet
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