Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1838-02-27

n q II
state OF mississippi IN relation to the time
ofelectiOn for her Representatives in Con.
gross. Ofthis fact the committee are, of
course, aware,
5. There is no provision in the Constltu-
ton or laws Of the State OF Mississippi
which authorized the Governor Of that
State, under any contingency whatever, to
change the time ofelection for Representa-
iiyes tofhe 25th Congress, as dove fixed
by law, and to substitute either an earlier O..
4 later. period. The committee have in
in their possession the Constitution and
oFthat State, ara challenge
the production Of any Such provision.
8. On the first I.donday and day follow
ing IN November last, q general election
was holden in the State of Mississippi under
the above law, for Representatives to the
25th Congress. The election was conduc-
ted in pursuance of all the provisions Of
said law, and my colleague and myself
were duly elected. In proofOf our election
in accordance of the law above cited, the
committee have before them-1st. A GER
tilted copy of the official declaration and
publication made by the Secretary Of State,
in pursuance of the 7th section Of said cleo
ton law, BY which it appears, from the off,
cial returns into his Office, that | received
1851 votes; my colleague, 1880; Mr..
Claiborne, 6,25e votes, and Mr.. Gholson,
6,0S2; and by which publication the Sec
Rotary Of State declares, in obedience to the
law, after having summed up the votes re-
turned as aforesaid, that Mr.. Word and
mysefare duly and according to law cleo
ted Representatives from the State Of Mis-
sissippi to the 25th Congress. I'd. Gre
dentials issued by the Governor under his
hand and the great seal of the State, in ODE
dicnce also to the acquisitions ofthe 9TH Sec
ton ofsaid election law, verifying and au-
thenticating US, as the Representatives of
Mississippi to the 25th Congress. These
evidences of our election are full and per-
feet, and in accordance with all the forms
and acquisitions of the laws and usages of
that State. The vote cast at this election
for Representatives to Congress is greater
than was ever before polled in the State,
and exceeds by moro than 1000 the votes
cast in July, at the election Of Claiborne
and Gholson.
Z. No objection is raised to our qualif-
cations, or to the returns Of this election :;
and the opposing gentlemen will admit, |
presume, that our claim y not defective on
this score.
Upon the above facts I rest the claim of
myself and colleague.
will now proceed to state the facts in
relation to the claimset up by Messrs.
Cl8ibone and Gholson.
8. The Constitution ofthe United States
provides, in addition to the clause first quo.
ted that "when vacancies happen in the
representation from any State, the Exccu-
tive authority thereof shall issue writs of
election to fill such vacancies. 7"
8. On the third of March last, the 24th
Congress expired by constitutional limita-
tion, and in May, the President of the Uni
ted States, by proclamation, directed an ex-
troordinary session ofthe 25th Congress. to
commence on the first Monday Of Septcm-
Der next thereof er.
10. On the 18th of June, the Governor
Of Mississippi issued the following procla-
nation, or writ Of election, to the shcrifs
OF the different counties
By Charles Lynch, Governor of The State
q M'sslssiPpt': to the Sheriff o.
county, greeting:
Whereas, the President Of the United
States has convoked Congress to meet on
the first Monday of September next; and
whereas a vacancy has occurred in the rem.
resentatiOn Of the State of Mississippi in the
House of Representatives of tho Congress
of the United States, by the expiration Of
the term Of service for which Messrs. Clai
borne and Gholson were elected:
II do therefore issue this writ. author,
Zlng and requiring you to hold an election
in your county on the third monday anC
day following IN July next, for two Repre-
sentatlves to Congress, to fill said vacancy
until superseded by the members to be cleo
ted at the next regular election on the frs
Monday and day following in Novembe
next; and ! do moreover enjoin you t,
conduct the same, in all respects, confor
mably to law land make due return thereo
to- the Secretary of State. In testinnon,
whereof, have hereunto set my hand ant
caused to be affixed the great seal of tn,
State, at the town of Jackson, this 18th da,
of June, 1887"
The Governors authority in Issuing tn
above writ is no. sustained or assisted b,
any provisions in either the Constitution O
the laws Of the State; and if it existed o
all, is derived solely from the ID section 9
the LIST article of the Constitution of tn
United States, above cited.
IL. In Putsuanceof the above writ. q
which the committee have in possession
certified copy, an election was holden !;
July, at which election mf. Claiborne re
ceived II, 2O3 votes, mr.. Gholsoa 1924
MI. Acee 6,691 votes, and myself 7,I43
all Of which viii appear by the certffe,
copy Of the official act of the Secretary o
State in making publication Ofthe result Q
said election, and which certified copy