Southern telegraph. (Rodney, Miss.) 1834-1838, 1838-04-03

very power resides with the State Eyccu-
tive
Ifthe view of the constitution which
have taken be correct, then the Governor
of Mississippi had no power to order an C.
lection in JuIy last, and the election held
under his mandate was unconstitutional and
v,id.
If, however, | am mistaken in my con-
strucion, and the Governor had the power
to supcrsede the law, and order an election
TOR the 18th Congress, the question then a.
| rises, did he exercise it? The Proclaim
ton or writ OF the Governor, after reciting
that vacancy mad happened, by the expi-
ration of the previous term of service, COM
mands the different sherffs to hold an cleo
ton for Representatives to fill such vacan-
cy, "uatil superseded by the members to be
elected at the meet regular election, on the
first Monday and day following IN Norem-
Der"
! The proclamation or writ, it will be per-
ceivcd, does not, in point of fact, order an
election for the whole of the 25th Congress,
but only for that portion of it anterior to the
general election in November, and upon its
face does not authorize an election for
longer period. But under the creative
power of a majority ofthe Committee of f.
Iecsions, 1t has grown up into an ample au-
thority for holding the election to fill the
whole term.
! The ratiocination by which they arrived
at this remarkable conclusion is curious
specimen of argumentaive absurdity.
The Governor, say these syIlogistic gem
tlenlen, had no right to order an election for
a period less than the unexpired term. He
did, however, VIC admit, order an election
for only small portion of the unexpircd
term; but we will reject, as surplusage, all
that portion of the writ which relates to the
/ time for which the election was to be hold
en-, and then 1t will appear as if The Cover
nor issued ii writ for the whole vacancy,
though we know, in point Of fact, that he
did not. The writ orders an election for
three months only, but, by rejecting por-
ton as surplnsage, we shall have two years
left. Like the leaves of the Svbil, the writ
will grow in value as il diminishes in guam
!, tity: the more we take from it, the larger it
f will become; and by lessening it one-half
we increase it four-foId Truly, had these
gentlemen lived in ancient times, they
wonld have puzzled the Sphinx with their
!, riddles, and the scholars with their logic
/ They have performed miracle greater
f than that which illustrates the widows
, cruise. The widow continually used oil
! the oil, and yet the cruise always remained
5 full; these gentlemen, by using from the
Governors writ, not only do not diminish it
but enlarge its abundance.
But wfrar Is RMS ducrr.ne of surpIusace'
r Surplusage, in legal definition, as well a,
l q n rtn
, more than enough. Now, the writ in this
+: case does not contain any superiority o
substance or meaning; the defect complain
] ed of Is, that it does not contain enough
4 The substance of the mandate is an cleo
: ton for three months, when, as gentlemen
G Icontcnd, it should have been for two wears
: There is clearly, then, nothing of surpl,sage
h in the substance of this writ. If there are
: more words than are necessary to conve,
. the substance of tho mandate, it would con
e s;tnte a ycrbal surpiusage, and such unne
n cessary words might be rejected. This
!. howcve r is nc: the case. The words re
/ Iiected by the committee as sur,lus:ge form
$ a component and essential part of the man
s date. 1t is manifest that there is no. super
e fuous substance to reject; for the complain
5 arises from deficiency. and know Of n
e rule by which, in the construction of an in
< strument, you can reject words rs surplus
]. age, which form fan essential part OF tn
v meaning; when, by such rejection, yo
IS change entirely the substance and charac
r. ter of the document. Gentlemen say tina
~ the Governor had no right to limit the teri
of service The conclusion then is that h
le has issued an unconstitutional mindl.e.
C. so, il is void. Whit right have you TO cor
N strue an unconstitutional act into n constt,
,e tional one, in violation of the admitted il
s, tent and express meaning of the actor?
le You say the Governor had authority
to ISSUE writ Of election for the whole une,
s. PRED term Very well. The answer i
or and it seems to me a very satisfactory on
m he has not done it. Suppose he had issue
d., neglect as surplusage, and sustained an
or lection held without any executive mandate
Of 1t seems to me you could do it with
g much propriety as you can sustain an Gle
,ct ton for two years under il writ ordering OF
m for three months. If eighteen months c;
nv be construed into writ, agains. its adm
* ted meaning, | sec no reason why d
di- whole writ may not be created by cons!ru
nd ton. 1t is perfectly obvious that, whcth
en- the Governor had or had not the power
me ordering an election for the whole of I
or 25th Congress, he has never exercised
nal attempted to exercise sach power, and
va would be monstrous doctrine to assert Il
IA constructivelv, he did what you admit,
as point Of fact, he did not do.
Ell From these considerations, as well as FRI
-.