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

cancy whatever within the meaning of tho
second section of the first article. BIT. if
there was, what was its extent? It seems
to have been taken for granted that il must
necessarily be the whole Of the uncxpired
tenn. Upon what principle, however, has
this conclusion been adopted?
The constitution does not define a vacan-
cy; and the very reasoning bv which gen
tlenlen arrive at tho conclusion, thlt thcro
was in July vacancy within the Executive
jurisdiction, would limit It's extent to the
regular November election.
The reasoning which sustains the power
OF the Governor, is based upon the doctrine
OF necessity, and upon the supposed cons:i-
tntional intention of authorizing provision
by the executive writ, for any failure of lc-
g'slatve action. This is the ground taken
by my opponents. Admitting its trulh, then,
the fair measure Of the executive power
will be the deficiency Of Legislative action.
Now, the deficiency of Legislative action ex-
tends only from the 4th of March to the lst
Monday in November. After TINT, ample
constitutional legislation embraces the sub
ject, AMI fully relieves it from any further
necessity for executive assistance. By ex-
tending the power Of the Governor beyond
the time for the general election, you carry
it further than your own construction ofthe
constitution warrants, and make it trench
upon and overrun the admitted constitution
al action of the State Legislature From
the arguments and upon the views Of my
opponents themselves, would feel compell-
cd to define the meaning of the word pacan-
cy, as used in the second section of the first
article, to be "that portion of the office tho
filling of which is unprovided for by consti-
tutional legislation.'' Neither necessity,
convenience, nor legitimate construction,
can extent the definition. Ii it be correct,
then, there was vacancy unprovidcd for
by law, extending from the 4,h of March
to the time of the general election i'm No
yember, and the Governors writ was in
exact accordance with his constitutional
power. The only provision in the consti
tuition in relation to the term of service, Is
that contained in the second section, first
artice.-''i'he House of Representatives
shall consist of members chosen every Sc
cond year." &c. Now, this provision IN ,n-
;iestly applies only to the general elections,
and is simply Limitation of the power CIV
en- to the State Legislatures to fix the times,
&c. Under this clause the State Legsia-
lures are bound to provide for a general
election every second year. The clause
cannot have any application wh,tevcr Ia
elections for filling vacancies. Members
may be chosen to fiji vacancies not only ev-
cry second year, but every second month
should they happen so often. The assu,np
i tion of my opponents, that vacancy must
r,lx yl,,lo
Congress, is unsupported by any constiui-
tional provision, aud totally at war with the
very principles upon which they base the
Governors vacancy-tiIling power.
| come, from these considerations, To the
conclusion, that if there was a vacancy with.
in the Jurisdiction of the G ,vernor,it extend
ed to November only, when the regular leg
islative jurisdiction attached; and, conse'
qucnily, that the election in July last, u
good at all, was only valid for the period
anterior to the general November election
| This brings me t, third and last proposition
with which set out, viz: that, II Novem
Der last, my colleague and myself were
constit,lllonally AMI legally elected Repre-
sentatiyes from The State of Mississippi 4
the 25ih Congress. I'll have succeeded il
dem nstrl;ing either of the first two propo
: sitions, this one will follow as matter @
course The constitution of the Unite
States authorized the Legislature of Mlssis
sippi to fix the time, places, and manner Q
elections for Congress. | have alread
endeayored to show that the L"ssl siur
did, in the constitutional exercise of tina
authority, prescribe the time, places, an
. manncr; anu that, under and in parsuapc
q of all those regulations, my colleague an
: myself were elected, on the first Monda,
and day following, of N ,vem6er last. 9
all this the House has ample evidcnc,
through the official organs of the State
= There is no controversy as to the result I
the election.
This House judges of the election, quail
7 fications, and returns. Was there any d.
! feet in the election? If 50, point. it OUT
!. Was it not ,nducted in full accordance vii
. the constitution of the United States, an
. the constitution and laws Of the State
: Mississippi? If no., show the variancc.-
, Well, then, the election was valid one.
"a On the score Disqualification, 10 there an
: objection ?none; noone doubts or denies Il
;. qualifications Of my colleague and myse
- Ofthe returns, nro they not legal and sa
- isfactory? not whisper has been breath,
o. to the contrary. Upon which branch OF
az Jurisdiction will the House base an Objects
10 upon The ,clecion, qualification, or retuf
- Ii no valid o! jec.ion arises out Of either
i !, these three points, then we are entitled
=, seats; for beyond these three points the
- risdic,ian Of the House does not extend.
" If the July election was void, Or extend
- onl, 10 the November election, then the
8" ter election must inevitably be sustain'