Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1838-02-10


to friendly relations he had maintained
with the sitting members, and regretted
that any thing should have occurred to in.
terrupt them. lie and his colleague had
brought 10 these gentlemen the commands
of their Sultan, THE PEOPLE, and he regret
ted that it had been made necessary to
present the political bowstring to the re-
bellious pachas. He was fully aware of
the magnitude Of the task he had underta-
ken, but he should endeavor to discharge
it iearlessly and faithfully.
He said that this was not merely case
of contested election. ltinvolves the ques-
ton whether State shall choose her own
representatives, or submit TO have them
chosen for her by this House Whether
this House may nulify law of sove-
reign state, and an act of Congress. And
he argued very ably three PROPOSITIONS
/. That Messrs. Claiborne and Gholson
never were elected members Of the 25th
Congress.
2. That if those gentlemen had ever
been elected at all, they were only cleo
ted for the period anterior to the annual
election in November. aa
3. That himself and his colleague han
been duly, legally and consttutionalIy
elected by the people Of Mississippi, 10 rep
resent them in the 25th Congress.
But they were met at the threshold by
the decision ofthe House, al the late SEES.
sion. They were told that that was as the
laws of the Modes and the Persians, which
alter not. That the state ofMississipp
was stopped by The resolution from any
further hearing in the case. That the sit
ting members had been dipped into this ju-
dicial Styx, and were now invulnerable.-
But he hoped to find some point yet, Of
head or heel, through which these Achilles
could be reached by the arrows Of argu-
menl 81 reason He asked where was now
the delicate sensibility as to the peoples
wishes, which those gentlemen had ever
been SO fond of protesting, that they could
now consent TO hold their seats in this
House, Irrespective of the will of the peo-
pie of their state, and by only ofan
act Of that body? Had they counted the
cost? He was a bold man, who, of old,
stole fire from heaven, and hid it in hol-
low tree--let them beware that fire does
not consume them who think to smother it.
He challenged the sitting members to meet
him on the merits of this question. Per-
haps, suggested he, they are resting onthe
laurels which they had acquired, when
separated by high mountains and broad
rivers from the people Of the state, they
had uttered a bold challenge to all com
batants to dispute their rights They had
run calamity around the lists, and no
one had met them III the encounter, then.
But their summons had been heard by the
people of Mississippi, and the challenge
was now accepted by the humble indivdu-
al, whom they had chosen as their cham
pion. Richard had retired from the holy
land, and the false knights were challen-
ged to come out from their castle Of Res
adjaticata, and abide the issue. lie felt
very sure that the castle, impregnable as
it seemed, could not stand vigorous and
protracted siege.
After this admirable figure, to which, in
this hasty sketch, can do nothing like adj
equate Justice, Mr.. Prentss said he would
examine the validity ofthis Res adjudica-
Ia, upon which the sitting members we're
holding their seats. He took up the re-
port, in their favor, by the Committee of
Elections, at the late extra session, and said
that from this deep we'll Of constitutional
law, he should endeavor TO draw few
buckets full. He would see whether or not
this shield Of Ajax, (this res adjudicata)
behind which the sitting members had
thrown themselves, were made of pene.
trable stuff.
He then took fiye positions, viz:
/. That the adoption of the resolution in
favor Of Messrs. Claiborne and Gholson
was not Judicial act of the House, but
the expression Of an opinion, liable to be
altered by new facts, or proper under
standing of the old ones.
2. That the decision Of the House was
no adjudication Of the claims of himself
and his colleague.
8. That the decision was not binding on
the people Of Mississippi, who had no no
tice of the grounds oft and were thus no
parties to il. XII.
a. That so far as this pretended adjudi-
cation went to amend the law of Mississip-
pi, it was null and void the House having
no such power
5. That the adjudication, such as i was,
was liable to be reviewed, as having been
made upon mistake of the facts in the
case.
He then argued these points with great
power and effect--stating, among other
things, that he had not been, by his own
consent, a candidate for election in Septem-
| L. L.. ~ fnnyNo tho State nj