Southern telegraph. (Rodney, Miss.) 1834-1838, 1838-04-03
NEY, iuiss.,) TUESDAY, APRIL ,, 1898.

iHo SdIe PROVISION, ana the same words,
when taken Independently, will frequently
authorize construction totally at war with
that which will be at once acknowledged
as the legitimate meaning, when the pro-
Vision Is construed in connexion with others
on tho same subject.
Did the second section of the first article
OF the constitution stand alone, it might un-
doubleday bear "a construction broader than
that which apply to it, perhaps even as
extensive as that for which my opponents
contend; and 1t seems to me that the com.
mittce on former occasion, in considering
this clause, did construe it as entirely indie
pendent, and with total disregard to the
other constitutional provisions Sin para ma
TERM" Now, it is perfectly obvious that
this clause cannot be fairly interpreted ex-
cept in connexion with the fourth section,
which relates to the same subject. The
second section gives the State Executive
certain powers over the subject of elections
The fourth section gives to the State Lee
gis'atures certain powers over the Same
subject.
Now, before defining the extent Of the
powers delegated in either of these clauses,
1
these two clauses convey concurrent or in
dependent powers? | have already, in
previous part Of my argument, asserted my
views Oh this point. But / cannot refrain
from again calling to it the attention of the
House. | assert the powers to be indepeu-
dent; that one is the compliment of the o.
Their; that where the authority Of the State
Legislature ceases, there the Executive au-
thority commences; thus embracing the
whole subject, and constituting a harmoni-
Gus circle of power. | have shown, from
the preceden's in this House, that this prin-
ciple has been long recognised and adopted
as rule of action. In the case of IIoge, it
was expressly decided that cases coming
within the operation of the second section
of the FIRST article, do not come within the
operation of the fourth section. have fur
'her assorted the principle, that in the dis
tributlon OF the powers which, IN their az
gregate, form the Federal Government, the
| constitution does not contemplate Or au' ,,ser-
re, IN any instance, The exercise, by two
different departments at the same time, OIL
the same power, over the same subject
matter. The adverse construction woule
involve an absurdity. A constitution au-
thorizing such duplicate action, would he
be so defective that government could no
be carried on under it. Like piece q
badly constructed machinery, in which the
wheels interfere with each other, it would
soon fall in pieces by the collision of it
own parts.
In constituting the two sections of the con
e.itusson wiriuh rcyuiIrc tire efrrsiunrs of thi
House, we should endeavor to prevent thei
clashing, and not interpret one at the cy
pcnse of the other. We must give such
construction as will let both clauses live
'ut res magis valeat guam pereat'
The construction which have attemptet
to establish is Of this character conten,
that the legislative authority alone can pre-
scribe the time of election for filling tn
regular periodical vacancies which consti
tutionally arise, from the expiration of eac
Congress; and that the Executive jnrisdic
lion only extends to such vacancies as hap
pen, by accident aud contingency in tn
representation, after the legislative actio
has been exhausted. BY my construction
the two clauses can both stand without cor
fict. BY the construction of my opponent
they clash harshly together, and one
compelled to give way to the other Th
, law OF the State is forced to bend to the di:
{ creiien of the State Executive. Like tn
: misetoe Dough, which fiourishes at the c,
; peuse of the tree to which it is attached
@ till the exhausted parent dies, in the greed
> embrace of its ungratefi,l offspring, SO doe
e their construction of the Executive powt
: eat ont and destroy the legislative an'hori
!. upon which it was originally cngrafied.
g Gentlemen are forced to admit that III
q State Legislature can fix the time for cle
;. ton at period subsequent to the expiratie
). Of the previous term; while at the san
: time, it is contended that in all such case
= the State Executive may designate for Il
i; election such time as he pleascs. Now,
(. be consistent, they should deny the exl
70 fence of this power in the Legislature; t
d it involves an absolute ahsnrdity to clai
.. for the Executive of Mississippi the right
n fix the time for the election in July; an
at the same lime to admit the existence
" legislative power to direct the holding
= the same election in November. The L
r. eisIature of Mississippi did, by law, dire
Is that the representatives 70 the 18th Cu
H. loress should be elected on the Ist Mond
e. and day following in November. The l
oil ecu,ive authority of the same State did
n rect an election (which gentlemen conte
10 was alsofor the 25th Congrcss) TO be hold
% in July preceding. Now, it seems to ]
Nv self-evident, that either the Legislative
I'm executive action was .withont constitutes
int sanction; for the act Of one is clearly IN
N. lid. The accidental call Of an extraordI
ye ~ session Of Congress, and the embarr
9 sinu condition of the country, are not,