Southern telegraph. (Rodney, Miss.) 1834-1838, 1838-03-20

"enceo to embrace IN 'heir r~oorts any other
matter than the return, they exceeded their
authority. and travelled beyond the record
@sIu asv one contend, for instance, that
the committee would have been authorized,
under the special reference above set forth,
to have investigated the question of quallfi-
.ancn9 II seems to nae perfectly clear that
The resolution ut rrterencs did not contem-
plato ar antharaze al DISCRIMINATION or elccis.
a1not the absolute right of Messrs CIai
borne md Gholson to seats ia the 25th
Congress, but only Of thci, credentials or
rcEticatc Of election, to ascertain whether
shey had been returned, and could exhibit,
Nv their certificate Of election, a prama
t',cie shaving of right. 1t was The ones
r;onSof Yrima tacie and not nbsolate right,
which Tie committee were directed to i,ives-
iisn.e. sa
si.'hc Gentlemen say Ia tie TIonsa--s:Cp-
IN ..,,r certificate Of election, arc We emil
ile,i to'takc orr seats rs members of the
aJ.h Cansrcsss We iiayc do,,b 3 upon the
s',i iect, Md orr high schse of dclicacy has
impcIIed us To ask the opinion of the
Ho"sc - The II7usr. through its commit
scr, has examined the certificate of cleo
ZION. and answers the gentlemen by reso-
lati'n I'd, they are duty elected, and cnti-
reJ.o seats. Now, the extent of this res
ponsc must be measured by the extent OF
the inquiry; and. 40 measured, amounts TO
m more than this: sUpon your certificate
~ election YOU are entitled To sca's; in o.
sher words, you have m'de aPri.ni iacls
shsmiinc, sufficient to Authorize YOU to take
seats as mentcrs of this body"
Now, the whole Of this proceeding a.
neuniedte more than what had been airea-
Av,cci1r dooi .edby sie House in the case
eS every oae af Its members; for the very
admission Of personto nc sworn rs mem
bo- is rs much decision and adjudication
o.hi= right Of membership as positive res
osution of the House affirming me right.
Yet il is every DAYS occurrence for the sit
ting member 70 BIC ousted Of his seat when
contested. after the House has decided, by
admitting him to be sworn, that he was en-
titled to it. In the present instance, the
House had, By permitting hlessrs. Gholson
and Claiborne 10 participate in iis orrgan'za-
'ion. and take part in its procccumss: as
fully decided upon their right to seats as
By the resolution subsequently, adopted
Neither the tacit nor the open decision
however, can be considered in the nature
.f q judicinl act--to constitute which there
gust he parties and con'est--of which
there was neiiherin the present case. The
conclusion to which am brought by these
considerations is, that the resolution ad"p.
ed By the House upon the report OF the
Committee amounts, When taken and con
S.rued as it must be, in connexion with the
resolution Of reference, to nothing more
than an expression Of the opinion of the
Hu,,se that these gentlemen had been duly
ycturncd, and upon their cert; fca.e Of eacc
.t il ,o s .sns y, Mqzas grims aeie were en-
construction is correct, then the adoption
% that resolution interposes no obstacle ii
fhe way Of the present investigation.
I'd. At ali events, the action Of ,heHous
at the last session, cannot be considered a
adjudication upon the election, qualifca
,icn and return Of myself and colleague
f"r the election had not taken place, an
the subject matter did not exist for adjnd
Gao If the House adjudged upon an
Nin., it was only upon the matter before i
aud No; rrospe-'ivelY upon future elections
The resolution adop;;uIi by this House doe
not profess to decide upon the Novembe
election; neither does it in any wise refe
80 it, nor was it competent to do so. An
prospective decision in relation TO that elet
ton would have been clearly cOram no
JUDGE. 1t is sufficient, however, to 81
there is no such decision. e
The resolution adopted at The last sessie
may appear Incompatible with the e!ai
which advance; but this is no more Tia
happens every day in courts of justice,
whose acts gentlemen seem so anxious
assInHlate this proceeding. A court, ta-da
s,,lemnly adjudges piece of property
belong to A; tomorrow, a better title is e
hibited by B; and the same court adjudg
the same property to B, apparently in {
rect contradiction Of its previous decision
nor would court permit such previous deci
ION to he interposcd rs bar TO the claim
Is. take it to be clear, that, even accor
ing to the strictest technical rules viii,
govern judicial proceedings, a decision
this House that the July election was val
i. not an adjudication that the Novemb
eiec;;cn would be invalid: If this posi,i
/. rorrect, then the question of the VALID
.ofsise election of my colleague aud mys'
in Nesember is res integra, and cannot ]
ia any sort affected by any previous dec
son Of this House upon any other election
come now to the third position, which
have laid down in reference to this poi
I. IL, athat go far as said pretended adju
en1im goes to alter or annul the law of Nj
sissipri, fixing the time for the election
70 III slStL