Southern telegraph., 1838-03-13

| F'Iut:, tHdt OuI CHILLI Is not OcICctlVC
| his sore.
Upon the above facts, rest the claim
myself and colleague.
Twill now proceed to state the facts
relation 20 the claim set up by Messr
| Cha borne AMI Gholson.
8. Tine Constitution oftha United Safe
provides, in addition to the clause fest ;,boy
quoted, that "when vacancies happen In tn
representation from any State, the Eyccu
tive authority thereof shall issue writs of q
lection to ill such vacancies "
8. On the 81 of March last, the 21t
Con yress exnired by constitutional limiia
ton, and in My, the President Of the U
nited States, by proclamation, directed al
extraordinary session OF the 25th Congress
to commence on the first Monday of Sep
temher next thereafter.
10. On the l3 h of June, the Governo
OF Mississippi issued the following writ O
election 10 the sheritfs Of the different coun
ties:
By Charles Lynch, Goperaor of the Stus.
Of Mississippi: To the Sheriff Of -
county, Greeting:
"Whereas the President Of the United
States has conyoked Congress to meet on
the first Monday Of September next; and
whereas vacancy has occurred in the re-
presentation of the State Of Mississippi in
the House of Representatives of the Con-
gress of the United States, by the cxpira
ton oft the term of service FIR which! Messrs.
Claiborne and Gho,son were elected:
81 d, therefore issue this writ, author
iziny AMI requiring you to hold an election
in your county on the third Monday and day
following in July next. for two Representa-
tives to Congress, to fill said vacancy, unit!
by tho members to be elected at
the next regular election on the first Mon
day and day following in November next;
and do moreover enjoin you to conduct
the same, in all respects conformlbIv to
law and mike due return thereof to the
Secretary of State. In testimony whereof
l have herenn:o set my hand and caused tn
be affixed the great seal of the State, at the
town Of Jackson, this 18Th ofJnne. 1897"
The Covenants authority ia issuing the
above writ is nj sustained or assisted by
either any provisions in the Constitution or
the laws of the State; and, if it existed at
ali, is derived solely from the 2 section OF
the 1st article of the Constitution of the
United St,.es, above ei.od.
IL. In pursuance of the above writ, of
which the committee have in possession a
certified copy, an election was holden in
July, at which election Nj. Claiborne re-
ceived ii, 20s votes, Mr.. Oh ,lson 9,92l,
MIR. Acee 6,60l votes, and myself 7,l43;
all of which will appear by the certified
copy of the official act of the Secretary of
State in liking publication Of the result of
said election, an which certified copy is in
The possession of the committee.
II. In the same official act, the Secretary
If State declares, after summing up the
votes returned into his office. that Messrs.
Ciaib ,rne and Gholson were daily elected
o the called session of Congress.
ID. In obedience to the law OF the State,
he Governor issued credentials under bis
land and the great seal Of the State, certi-
wing the election of those gentlemen, not to
he 25;h Con ress, bat unit! the regular
election in November next, thereafter.
These credentials, am informed and be-
ieve, were in the hands o: one of the gen
Iemen, Mr.. Claiborne, bit were never pre-
ented. | claim, through the committee,
he production of this document, or, 1t not
within reach of the committee, leave to
rove It's contents.
beg leave to call the particular attention
e the committee to these credentials, as
veil as to the official act of the Secretary
f State, inasmuch as they arc the express
ion and assertion, by the people OF Missis-
ippi, through the channels, and in the man
Ter, prescribed hv her laws, of the extent
nj character of the election to which they
efer. And, also, inasmuch as neither OF
hese acts of the constituted authorities OF
he State, proving distinctly tho character
nj extent of the Jlly election, were before
ne committee, or known by the IL 'use to
xist when the claim Of Messrs. Claiborne
nd Gholson came under their cognlzance
/ the special session.
Ii. Messrs. Claiborne and Gho!son TOOK
heir seats at the special session, without
reducing anv credentials of election; and,
n the 18th September, Mr.. Gholson intro
uced the following resolution, which was
dopted by the House:
ssRcsolped, That the Committee OF Elec-
ions be instructed to report upon she-feFti-
cate of election of. Messrs. Claiborne and
sholson, the members elect from Mss.ssip-
i, whether they are members of the 10Th
Congress or not; and that said committee
AXE into their consideration the proclama-
ION of his excellcncy Charles Lynch, Gov
rnor Of said State. and the writ OF election
,sucd in accordance with said proclama-
ion, on the 18th day of June, 1897, and,
lso, the act Of the Legislature of the State
f Mississippi, entitled An act to regulate
lecslons,' approved March 2. 1888" Upon
his refcrence neither the ofhcial act OF lhe