Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1838-03-01
WHOLE NO. 413.
To the People Of the Sfnh oF Mississippi

ow-CITIZENs.-ln November last
you elected inc one of your representatives
to the 25lh Congress. by much the largest
vote ever poed for that Office in the State.
Tie election WIS holden, as you well know,
at the time, places. and in the manner pre-
scribed by your laws, which laws were enact
ed by your Legislature. under the express
authority of the Constitution of the United
States. immediately after ascernining the
result of that election, I received from the
Governor credentials, in pursuance of law,
and repaired, with all convenient speed, to
the Federal city. | presented my crcden-
tials to the Speaker of the House Of Repre-
sentatives, and demanded to be sworn in as
q member. The Speaker refused; aud | was
told that the seats belonging to the State Of
Mississippi were already filled. On cxamina-
ton, found them occupied by Messrs. Ca-
borne and Gholson. ion probably recollect
that, in Jnly last, you elected those gentle
men to serve you until superseded by such
persons as you might select, at the general
election in November. On presenting my
power Of attorney from you, dispensing with
their farther service, and substituting myself
and colleague IN their places, they utterly re-
fused to obey, and set your mandate at open
defiance. Indeed, they had previously as
serted, upon the floor Of the House. that YOU
had elected them for the whole OF The 25th
Congress; that they had been candidates tor
the whole term, and that you SO understood
it.
| They demanded and obtained, at the spec
al session, by resolution introduced by
themselves, Il decision that they were duly
elected to the whole Of the 25th Congress;
and, relying upon this decision, they object
ed, both before the committee and TIE House,
to any examination into the question whether
you did, in reality, intend to elect them for n
longer period than the special session thus
basing their claim to seats, not upon your
will, but upon decision OF the House Of
Representatives, procured at their own insti-
CATION, upon on er porie examination of the
case, and without The production OF any legal
credentials or certificate Of election whatcv-
er. Finding the attitude in which the matter
stood, proceeded at once TO attack the de-
cision of the House. as unconsttu,ional er
porte, and founded upon palpable mistake
took the ground that, whatever might be
the validity of The July election, it was not
intended to supcrsede, nor could il consttu-
tlouully supersede, the regular election in
November; and that the constitutional tights
of the People of Mississippi were beyond the
control, and above the jurisdiction, of the
House of Representatives. | denied the
power of one branch of the Federal Legisia-
ture to nuliiy the admitted constitutional law
Of the State of Mississippi, fixing the time
for the election Of her representatives to Con-
gress. openly denied, on your behalf. any
intention of surrenderng your constitutional
right Of choosing your representatives at that
time, places and in the manner prescribed
by your laws.
After most severe and memorable con-
test, in which every art and effort was ex-
hnustph for the nil, pns pf su Mossru
Claiborne and Gholson in their usurped pa-
ces, the house at length solclnny decided
that they were not entitled to seats as the
representatives OF the state ot Mississippi, on
the express ground that the July election
was unconstitutional and void. This decis-
ion was predicated upon the obvious prnci-
pie that the constitution of the United States
expressly delegates TO the State Legislatures
the power of designating the time, place, and
manner Of election, uncontrolled, except by
law of Congress and that the Legislature Of
Mississippi having, in the legitimate exercise
of this power, fixed the first Monday, and day
following, of November, as the time for the
election Of her representatives. 10 the 18th
Congress, the governor had no authority 10
Change the time so dcsl lgnsted.
So far the House of Representatives hon
ioraby rectfied an acknowledged error into
which they had fallen, and sustained you
against the attack which had been made by
Messrs. Claiborne and Gholson upon your
most sacred constitutional rights, and these
gentlemen were justly turned out Of the seats
to which they had clung with such desperate
tenacity. | would, for the honor Of the
American nation could stop here. No soon.
er, however, had the House decided that the
July election was void, because November
was the only time at which an election could
be valid, than they turned around and again
decided that tho November election was void.
because Of the error into which the House
had fallen; and this decision was made upon
the avowed and monstrons doctrine that you
could not exercise your admitted constitu-
tional right of choosing representatives, SO
long as the bunder Of the House in relation
to it remained unacknowledged.
The highest political right which appertans
to you was suspended, and the state of Mis-
sissppi totally disfranchised, not by any faul.
OF her own, but through the acknowledged
ignorance of the House. While the House
was ia error, you could not exercise your
rights and Q simple resolution of the feder-
al House of Representatives, by this decision,
is sufficient, at any time, not only to modify,
bit to destroy the right Of representation Of
any or every state in the Union. No ono
denied that, in pursuance of the law and tho
constitution, you had elected me as your rep
resentative. II was your right to elect any
body, that was denied. II was decided that
your election in July was void, on account OF
the Novcm mber election, and that the Novcrn-
Der election was VOID, on account Of the ef-
eous decision Of the llouse in favor ot ihs
July election Thus, at n period when, of oil
others, your interests most require atte otion.
aud questions Of vital importance are sgitst-
ing the country, you are juggled out Of your