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

be bold enough TO push such statements on thu
! public, as the following, taken from the las
number of the Liberty Advocate. After stating
that Claiborne and Gholson refused to submit
the proclamation Of the Governor-the procla
nation of the Secretary of State, or their ere
dentials showing that they were to be superce
ded by those elected in November The Advo
cate says
"Ifthe suppression oft these truths, truth,
indispensable to correct decision of the
question; if the concealment of these i'm
portant facts in the case, do not convict
Claiborne and Gholson of fraud and trea
cherry to the people of this State, there car
be no force or weight In testimony what
ever"
Now the fact is, aud the Advocate should
have known it, that Claiborne and Gholson
neither refused to produce their credentials and
papers, nor did they suppress or conceal them
or any facts appertaning to the case. This We
party, and as lawyer the editor of that print
can Testimony and give proper weight tc
that drawn from the opposite party R. B. Rhett
a member of Congress, from South Carolina,
(whig nullifier,) in speech made by him on the
subject of the contested election, after speaking
of previous motion of his own, saws:
"The House thought proper, to proceed
otherwise. They allowed the clerk of the
previous Congress, to do what it was our
duty to have done ourselves,-determin
in the first instance, who were members
of the 25th Congress, The consequence
was, not a single credential of membership
was produced; and all were sworn in, as
members of Congress whom this unautho-
rized individual bad placed upon list,
made out from the newspapers of the
day."
Does this look like refusal on the part of
Claiborne and Gholson, to produce their creden-
tals or to conceal them7
Who are blamed in this matter by Mr.. Rhettl
Not Claiborne and Gholson, but that some con-
sstent body who sent them back TO the people!
Mr.. Rhett nearly in the same breath, says:
81 rose and declared to the House, that
| believed those gentlemen as fully enti-
tied to their seats as any member upon the
floor. Sir, voted and knew that was
about to vote, contrary to those gentle
men upon the election of Speaker which
was then about to ensue. These gentle
men, voted for you; and |, voted for the
honorable gentleman from Tennessee,
Mr.. Belly Thus did express my opinion
upon this question, in advance of others,
and contrary to my party predictions at
the time, if had any capable of blasting
my judgment. And have not changed
my opinion SINCE"
The reader is requested to examine with great
care, the following opinions of South Carolina
Nullifer on, this agitating subject, they were
delivered since Claibarne and Gholson were sent
back-they are the opinions of the caAdid of the
opposition, and 60 directly to contradict the
unmeaning slang of tho more violent of that
party.
"Nothing that has since occurred, has,
in the least, changed the nature of the
question. 1t is now, as it was then, whe-
Their the July election held by the people
of Mississippi was constitutional or not
II our decision, affirming the validity of
this election was right, there is an end of
the question. The subsequent action of
the people of Mississippi, ~ nnot in the
least affect the relation which they then
occupied towards us; and it is by that re-
lation that the question, when reconsider
ed, is again to be determined The prin-
ciples and circumstances being now, sub
stantially the same that they were then,
my vote has been, and shall be tie same.
The House, however, by vote already
taken, has expressed an opinion contrary
to mine; and have declared that the July
election was unconstitutional; and that
the sitting members are not entitled to
their seats. The new question, in this
state of things, arises, whether the subse.
quent election in November is good, and
the contestants should be allowed to take
their seats as members of the 25th Con
gress--or the election should be sent back
to the people. Those who contend that
the election in November is good, main
tain that the election in July being un-
constitutional, was void "ab initio; - that
the decision Of this House confirming il
gave no rights, and was obligatory neither
upon this House, nor the people of Missis-
lppl; consequently, the election in Novem-
Der, regularly held, to fill vacancy regu-
larry produced by the operation of law, is
good, and the contestants should be allow
ed to take their seats. think fairly
state the question.
Snow, sir, properly to understand the
duty OF Congress, we must ascertain what
was the effect of the resolution passed by
this House, determining that Messrs. Clai-
borne and Gholson we're members of the
18th Congress. No one doubts-aI con
cede, that this House is the sole, absolute
and final Judge, under the constitution of
the United States, of the election of its
members. 1t may err in its Judgment,
but there is no other or higher tribunal to
correct its errors, If this ia 90 ito ;udr