Columbus Democrat., 1838-02-10

qualify; and, that, perhaps, not Ons half Of the
members have their credentials in their posses
sion. All that is necessary Is satisfactory eyI-
denee of the election of the individual. The law
paints oat 10 particular mode in which this is to
be gwen. The Hoase, which, by the Conslltu-
lion, Is "lhe Judge Of the elections, reisIrs, and
quail ifediioRs oft own members" is the Judge,
necessarily, Of the sridtnes Of their election, or,
in other words, their credentials; and cases have
occurred IN which the House, NOT satisfied with
the evidence Of election presented, has taken tes-
tmony TO show thatth party presenting ii has re-
ceiyed illegal votes and therefore. although hol
ding the ordinary credentials, was not entitled 10
his seat The credentials of the ordiuary form
are therefore, Of themselves, of no binding au-
thorliy and the exhibition Of them would not
estup an examination inle our title 10 our seats
the want Of lhsm. the House we're satisfied OF.
our election BY other mcans could not defeat our
title this is evident. The evidence OF our right
TO our seats, presented in September last, was a
statement, from the Secretary Of State of MSsis-
slppi, under the great seal of office, of tie votes
cast in the lhon recent July election. The or
dlrary certificate OF election, or credentials, were
forwarded to my colleague, but never received BY
him. Those sent 10 me were reccIyed but,
pcrceiving that they curtalled the limitation Of
the term ofseryec mentioned in tho Governors
writ TO hold the election, we applied for and OBJ
tanned, the statement from the Secretary Of State
10 be used in their stead, All this was distinctly
stated by us to the Committee Of Elections IN
September last Now the only matter which ap.
pcared IN the credentials, besides the election OF
my colleague and myself, was, that We were ecc-
,tod Tor the special session only. This IS oil that
is pretended. Had this appeared in The crsden-
tials only--had we, by not presenting the cfcdcn-
tials, withheld the only evidence Of thus matter,
there would be some ground for The suggestion
now made, that the credentials, nol having been
before the committee OF the House, all the facts
were not presented and that the case, at this
time, should he re-opened TO lei in new fact,
But is this sol Why, what was the question that
so long occupied the attention Of the House IN
September did il not grow out OF tho very
fact, now pretended to be new one, that the
Governors writ was for an election Tor tho spe-
cial session only Was no, the only question
before the House. the question whether We we're
elected for The special session. or for the whole
term Of the Congress And is il not strange
was without evidence OF the fact, the existence Of
NhIch--ihe uncontroverted truth Of vhich--wa
Tie sole cause Of all the prohacted and excited
debate to which ,he Mississippi election Of July
gave rise The fact that we received malori-
ty OF the votes then cast, wAs undeniable The
fact that those votes were gwen oil an election
held under wit ordering one for less period
thar ,he entire Congress, was also unaonablo +;
and out OF this fact grew the only discussion that
| took place.
II has also been suggested that the official pro-
clamaon Of the Secretary OF State Of Mississippi,
summing up the whole number ol votes gwen,
was not presented by my colleague or myself 70
tho committee IN September last. Such procla-
nation was never given 70 us but u II had peen'
amounted 10 pro6e1ifda ib..A would have only
Of which other p,oot had already satisfied the COM
mlt,cc, and which was no, then, nor has Il since
been den,cd--our election by majority Of the
votes cast under writ ordering an election iot
less pertod Than The whole term Of the Twenty
fifth Congress -.
have thus showE that there were no facts ex.
stino ai the time tho House decided tho rights OF
nv colleague and myself 10 our seats, which
were not then known 10 the House; aud that the
matter now suggested as new, so far from being
so, u the very matter that gave lise TO me discus
sions Of Sepiember. The fact is independent oi
the form in which il is presented; and, whether
The House was informed that tho election al
which we were chosen representatives. was he'd
for ehortcr term than the whole Congress, by
tho production oil the Governors wit, tho procla
nation Of the Secretary Of State, tho exhibition
Of credentials in the ordinary ionm, or universal
admission of the fact, il immalerial, II tho lloust
was IN the possession Of the fact when il came tc
| its decision.
! has been said, however, that during the de-
bate upon the resolution declaring us iQbc duly
elected TO the twenty fifth Congress- paiol pooh
or statements were made 10 the House IL rcla
lion 10 the election in July, strongly calculated t
influence The Judgment Of tho House.
During the discussions IN September last m,
colleague and myself renamed silent from mo
tive 81 delicacy, except on one occaslon when' u
/ reply TO a member lloJn Ohio, Mr.. Mason,
who, As We supposed, had mIsstated our cours
and posiln, we declared, wha, We still believe
thai those who voted foi US did SO under The I'm
pression tnat We would hold oul seats during tn
entire 4womy-ffth Congress. We also stated
an argument submitted by us to the Coinmitte
Iof Elections, stha the election IN July was con
Quoted with great zeal and ardor, which was en-
tireIy inconsistent with the suppostlon that th
people were misled, by the notion Of the Cove
nor into the belief thai they were only confcnIn
a temporary appointment tor two months, to b
superseded members then 10 be chosen by
new election for the residue Of the vacancy. 5
far, TOO, as the press may be considered lndc'
tive Of public sentiment, j. may be safely state
that, prlor 10 the election, both parties assume
the ground that the Governor had the power
issue the wit; that he had no authority 10 abrldg
the constitutional congressional term; and tn
the members TO be elected would serve dunr
the whole twenty fifth Congress- In addition
this, the honorable Hugh y. Legare, Of Sou