Columbus Democrat., 1838-02-10
MISSISSIPPI CONTESTED ELECTION.
Mr., CLABoRNE's ARGUMENT.
Read IN the House ef Representatives., Jan, l6

Read II the House cf Representatives., jan 10,
1898.
severe illness. which confines me TO my
room, will prevent my taking part, personally, IN
he discussion Of the questions in winch am m
terested, growing out Of the recent elections IN
tho State Of Mississippi. feel it to be proper
and necessary, therefore, to communicate, IN
writing, those views which, were able, should
AT fitting timc express on the floor OF the house
of Representatives. This course seems to be
tho more requisite, masmuch as my colleague,
who has Joint interest with me int the subject, is
also confined TO his room by ludlsposltion.
am fully aware Of the kindness and ability oi
the friends who, III my absence, will maintain my
rights; and perhaps may only weaken the ei.
feet OF their exertlons IN my behalf, by what
may nov say. believe, too, that no unfair adj
vantage of my absence would be taken by any
one member Of the House. But il is right that
the views entertained by me should be expressed,
in Justice to myself; so that, whatever may be
the result there may remain some evidence that
supported, to the best of my ability, what con-
ceivc to be the cause Of those whose votes en'i-
tied me 10 a seat upon the floor and that there
may be no ground for saying hereafter, that ilom
oyerYeenIng confidence, or carelessness, or
uo"o' Wy WV "'"a myscf of the best opportu-
nity Of doingeso that c.io~... na,,.IrI
am fully persuaded, too, that the gentlemen VINO
claim the seats OF my colleague and myself,
would themselves prefer that we should adopt THIS
mode Of presenting our views TO inc House ; 50
thal tIcr success, were they to succeed even,
might not in any degree, be attributable to our abb
sence or our silence.
At the special session IN september last, HE
House, after full investigation decided thai my
COLLEAGUE and myself were cntiiled to our seats
for Che entire term Of the 25th Congress. lhe
question then settled was one ofaw, arising out
OF lie Constitution ef the United States and the
laws Of the State OF Mississippi. The only facts
involved were the proclamation Of the Governor
| of that State, and the consequent election, by q
majority Of votes, Of my colleague and myseli
| facts which no one then OF since has pfciended
to deny, and the evidence Of which was before ne
| COMMITTEE Of Elections, and afterwards before
the House. Although VIC were the only persons
claiming seats as members elect from MISSISSIPPI
nj the decision made in our case cannot be term
ed an er ma, te one. An er parle decision y one
in which the facts on one side only are exhibited
or. nh The facts being exhibited, the argument on
one side only is heard. In ihe case OF my col
league and myself, our right 70 quallly was don'-
ed and put III issue, when we presented ourselves
far thai purpose, before tho House was organized.
The affirmative and negative Of the proposition
were distinctly made og, ard their respective
supporters in the House were arfayed agahs'
each other. My colleague and nyseii wete' "
fact, placed, by the course that was puIsuco' up
on The defensive; and in the prolonged debate %
which the subject gave rise, the TALENT industry
perseverance, and warmth manifested ON both
sides, left nothing unsad which, by way OF argn-
i ment or illustration, could be brought to bear up
on the questions involved in the discussion. Net
,hor for want Of facts nor Of argument, therefore
can tho decision Of the House, in September last
in tho matter Of the Mississippi election be callec
an en- parte one; but II must be considered as
grave and solemn adjudication deliberately made
by the competent and only authority.
Tie question that now presents lscitis, Shal
the decision, thus made, be reviewed, 70 the enc
that ilInay be reversed, because, differing Il
opinion from majority Of the House OF Repre-
sentatiyes, the Governor Of Mlssisslpp pufsu'''s
the literal tenor Of law Of thar State, has "rderet
new election 10 fill supposed vacancy IN IT
! representation, after the House OF Representa-
tyes, the only constitutional Judge ~ the matter
had determined that no such vacancy existed
, Had The new election not been ordered, or ha'
he present claimants bot appeared, It IS not Tor
} moment to be supposed that the House OF kepre
1 sentaiges, Of its own motion, would have Tevers
!. ed IT'S decision in favor Of my colleague and my
Fl SELF, at this or al any other time. Is there an
hing in the facts which requires il to do SO now
las anv new fact, necessary to a correct decls
ian. been broacht 10 light, which was not belor
, he Comniaec Of Elections ard the honse
D Sepelmber lastl
ri | have hoard it suggested that in septeHbel
; the credentials Of my colleague and myself Tef
. not before the committee. Now 1t Is well knowl
{ that the cfedentials Of member elect are rerei