Southern telegraph. (Rodney, Miss.) 1834-1838, 1838-03-20

,he qualification acquired hys The Cons as,s'-f
fi,,ns Lnt u;ves ns1e:ithority to adl e or o.
snininisli tho constitutional regulations. -
Third. OF The rulurns here the Housgi
has broad Jurisdictions, TO Judge OF the ac-
nnal result of an elcctin;a, aud OF NIL the va |
ri.s,s modes by which that resultis astcr-f
tanned. - 0s 1855 i
IN regard to the extent of the Judicial
power nf the House, we may read an m |
structive lesson from the history o. the But
ish Parliament. The House at Commas
had claime., from time -ln,,aeannr'al, ms Que
of its privileges. and right Inherent ~ IT'S
very COM titution, the judicial power OF de-
Ching BON tho election, qualifications, and
returns &c its members. In the exercise OIL
this acknowleds red jurisdiction, Il uadertoek
in tl ], case of the Midilesex e.cctioin, to]
der.,le th,t tho expulsion of a member cJfS-a
ST .tuted Disqualification, in dero.asson os
tho law under which expulsion did not cans
slitusc disqualification. In passusnee OF
shis decision, John Wilkes, who had been
previously expelled, was ndj.ldged incom-
potent Ia. set for the county Of -Midd!cs'x,
though elected by an overwhelming maj'ri-i
:y,sanl MIR. Lattrel, who hid sreccis ed a
small vote, was declared duly elected
Upon this arose one of the most violent CT
vii contests on record; the People, justly a.
harmed at the arbitrary decision of the.
House Of Commons, declared it 10 be ii PAL,
pable violation Of tho G. institution, and a
dangerous Infringement ofthc popular right !;
they denied the power Of the House to de-
eide IN case of election, contrary to law,
and denounced tho claim Of the House IL
an exclusive judicial power, final and con-
elusive, over the whole SUI ject of election
as fatal to the liberties ofthe county
The whole nation became aroused, anil for
fourteen years the indomitable siprit Of Bril-
tish freemen waged continual war on this
| subject, against a determined administers
iton and an obstinate House of commons.--
Popular right at length prevailed over leg
islativc usurpatioa, and was only satisfied
| by the utter cxpunc:ion from the journals
Of tho ohnoxiols decision Of the Horse.
THIS very power Of altering or setting a
side the State regulations is, by the Cons!i-
tuition, reserved to Congress alone, to eXer-
else by law. 1.-THE decision Of this House
is Of Sufficient force to ovcr;urn the legisla-
tive action ofthe State, then this House
possesses, judiciallv, the same power ofre.
pealing, and annullng the 2ction If the
! State Legislatures, which was maniies:ly
] Intended to be entrusted only to the joint
act, n Of Congress and the Executive, and
entrusted. too, with degree Of jealousy
and misgi ing on the part Of the States, as
shall hereafter show, unequalled IN the
deIegauon of any other power.
| shall not, a. the moment, 60 into tht
argument upon the constitutionality Of iht
law Of the the State of mississippi, fixins
The tine for the general election Of he
Representatives to Congress. This be
longs to future consideration. At present
+ clai,n the conclusion, that If such law i
constitutional, this House had no cons'i'u
tional power, either. Legislative or jndicia
to annual it; and that the adjudication OF thi
i House under discussion, SO far rs it doe
infringe upon such constitutional State &C
+ ton, Is cold.
come now TO the fourth position, s'tha
: said pretended adiudics.ion Is not conclu
/, size upon the State Of Mississippi, inas
) much as she was no, party to the procee
ding upon which it was based, and had n
: notice :hcreof, either actual or construc
( tive.'' -
5 uC SCuEaai III su" ute
: the judgment Of court Of competent juri:
diction is binding upon the parties only
h After the parties to a controversy hav
e been heard, or have had the oppor,unit
E Of being heard, it is both just and prope
3 that litigation should cease, and the decisio
! be final. The public good requires it. II
e tcrest republic.e ut set fnis Mium. TIL
i general rule is based up,u abstract iustic
n and public policy, both Of which would b
# violated by its application to the preser
e case. the State Of Mississippi was not
party to the proceeding at the special Sc:
d sion. @
II tits contended, know, TINT she wa
i substantially a party, and that she was pre-
1t sent and heard in the matter, through her +;
Al gents and attorneys, Messrs. Claiborne an
K Gholson; but this is clear begging OF tn
p question. Mississippi denies that these ger
or tlemen were her agents for the purpose
e claiming seats in the 25th Congress-
le they rroduced no power of attorney fro,
d her, Authorizing them to act for her in tn
y behalf The p,wer of attorney which the
a. received from the S,a;c; authorized them
C. act as her agents in claiming seats at Ii
Of special session only. This power of alto
Id ney was suppressed, and evidence give
i which deceived ut least portion of II
e House into the bciief'ihat the People ,
in Mississippi had chosen these gentlemen
N their agents for two years. All hlississip
OF asks now IS the right Of showing that Mess
re Claiborne and Gholson never were her
u penis To the. C5h Compress IF che m