Piney Woods planter and Amite union literary reflector. [volume] (Liberty, Miss.) 1838-1838, 1838-04-14

were not in fact, and by right, members
of the 25th Congress, then all of their
acts upon this floor are void. Every mo-
ton they have made--every vote they
have given, ought to be expunged from
the journals of the House. You have moi
yet rescinded your resolution-reverseC
your judgment; and who, up to this mo-
ment, has yentured to question their right
to speak and act as members ofCongress
within this hallY Why do not gentlemen
who contend that the judgment of this
House is not merely voidable, but when
reversed, will be void 'Eab initio," and,
consequently, that Messrs. Claiborne and
Gholson have never been members of the
25th Congress-why do they not carry
out their principles into practice, and
march boldly up to the far-famed process
of expungng? 1t may be as little to their
taste, as it is to mine but if their prin-
ciples be correct, constitutional duty,
which they have sworn to maintain, re-
quires it. And OH the people of Missis-
sippi-what was the effect of the resolu-
ton of this House upon them? II placed
them upon this floor, by their Representa-
tives, in council with their confederates.
it gave them a voice and influence in all
the legislation affecting all the people Of
the United States, 1t bound them here
and at home,--in the Congress Of the U.
States, and in their primary assemblies at
the polls. 1t was a part of the constitu-
ton of the United States, and therefore a
part of the constitution of Mississippi AID
no law or action of the people of that
state, could contravene or override it,
Any election, therefore, held contrary to-
this supreme law of the land, to Ml seats
already constitutionally occupied, ito sup
ply representation actually existing,
was simply void. In this view, it is Jun
necessary to enter into any calculation Of
maiorities; whether the contestants re-
ceived majority or minority Of tho votes
cast at the November election. If they
had received the vote of every man, wo-
man and child, in Mississippi, it would not
in the least strengthen their right to seats
upon this floor. The election would still
be void. Its holding was Illegal; the law
under which it waa held, 80 far as members
of Congress was concerned, was overrul-
ed; and by us, can be treated only as if it
had never been.
against these positions, il has been
urged, that they make Congress despot-
ism. II by q despotism he meant, uncon-
trollable and supreme authority upon the
subjects committed to it's exclusive iurs-
diction, Congress, as we'll As every other
supreme tribunal, is despotism. Every
supreme court in the lAnd, is q cespotism.
But will gentlemen tell us, how society
or any Government can exist, without
such supreme tribunals? There must be
final arbiter somewhere, in all Govern
ments, which bind the citizen and society,
or every thing is put at hazard, liable to
the continual changes of caprice and pow
er. Recognise any other doctrine in tho
case before you, and where does il place
the State of Mississippi? Above the con-
neutrality-suspicious. the form or fact of So
vereign interposition, -controlling and
changing it whenever il comes in collision,
even incidentally and without design, with
any of her statutes; and she weuid dictate
the law not only to her own citizens, and
within her own limits, but to Congress
and all the people of the u States. This,
far exceeds any power, hitherto maintain
ed, as belonging to the States; and Seems
not little strange when advanced from
the quarter, from which it comes. Sir, in
my opinion, the election held in Novem-
Der, in Mississippi, is void, because contra
ry to the constitution of the United States,
as expounded by the decision ofthis House.
There were then, no seats in Congress
vacant. The people of Mississippi were
then here, filling the seats which rightful-
ly belonged to them,-bound, as we were
bound by the decision of this House, and
until revoked, it is our law aRd their law.
Consequently, when the House recinds ts
resolution, the election must be returned
to the people,"
Prentiss and Word declare that they will 10
back to Congress and claim their soats on their
old credentials This they need not hope to
succeed in; an attempt will bat sink them Deep
er in the contempt even of their own partizans,
this is clear, from the opinions expressed BY one
of them, who says speaking of the Mississippi I
election:
"There is one other ground, upon which
think this election should be returned to
the people. The principle will be admit
ted by all, though some may differ as to
thePropriety ofits application. It's with
in the power, and it Is the duty of this
House, whenever it has reason to believe.
that an election has been unfair, and.
therefore, might not be correct expires.
sion of the popular will, to send it back tc
the people. This is the principle: Now,
sir, was the election held in November.
IN Mississippi, fair election? Resting
upon the decision of this House, the gen.
tlemen who, but few months before, had
large majority of the suffrages
OF the people, supposing themselves mem.
bers of the 25th Congress, declined being
candidates at the November election