Southern telegraph., 1838-03-20

'nose whom! they thus summoned IN n,
,"ntcst. That summons ia at length m.
'wered ~ the people Of Mississppi. OF
vnose behalf, and as an humble champisr
whose rights. now appear. Fast an.
iaf ! have ridden to meet the gentlemeo,-
ugh def,nce. Ivanhoe IS returned fto,.,
ne Holy Land, and the Disinhcri,cd Kn;u,,.
iares the proud Templar 10 the combat.
Ag''n' and for the last time, in the name
Oh Mississippi, the lady-Ioye whose p,ye
we both profess to wear, call upon the
Gentlemen to come forth from their cas,I,.
nf.res ".j"dicata," as they call il, and meet
'nis controversy upon fair aud open .,r.and.
Ihev decline the invitation. Well. ,f
.hey wal not come to me, / will 90 to them
! VIII attack this f,rtressin which they have.
taken refuge. II strikes me that il can ha
either stor med or starved into surrender.
tor ! DO not believe that its defences a,e
.enab'e' or Its garrison victualled for very
iohs siege. Let the gentlemen remember
TOO .hat they have rendered themselves fnl.
~ liable to the operation of that rn,a NJ
war which denies quarter to those who At.
tempt to defend an untenabIe p,s;tio,
Let US now examine into the char,cter
OF TINS res 0djulicata, which, like the seal
OF Solom IN, has closcd up the whole mat
ter.
al me special session Of congress in Son.
iember last, Messrs. Claiborne and GhaI-
son appeared and took their seats ON tbs.
nrst day thereof, as Representatives from
the State of Mississippi. They p,rt;c;,a.
ted IN the organization Of the House. and :,
ali business transacted by it, until the fmr.
'eenth day of the session, when Mr. CIT
son introduced the FLOWING resoIn,;on
winch was adopted by thes House: .PesoL.
ned, That the committee or EIec,;ons =.
:" report upon the certificate of
etect'on OF Messrs. Claiborne and Gholxon
the members elect from Mississippi. whe,
ther they are members ofthe 25th Coogreoa
or no.; and that said committee take into
'"e'r consideration the proclamation Of hi.
excelIency Charles Lynch, Cover or ne
SAID State, and the writ Ut election issued ~
accordance with said proclamation ON rho
10Th day of June, 1881. and also the 40.
'f the Legislature ofthe Stale of Mississipn;
S"''ued IAN act to regulate elections. an.
proved March 2, 1882" Upon this refer.
snce the committee Of Elections made . 70
.or'' concluding with the following resolu-
ION: "Resoloed, That Samuel J. Gholson
md John +. II. Claiborne are duly elected
Members Of the 25th Congress. and. as
ucn, are entitled to tisjr, seai ias,se am; s%S;,
is adoption constitutes the res .ssa;..a:Sass.
which the gentlemen set up as final and
conclusive of the whole matter, both upon
he House and upon the State.
Now. with regard to this action of tho
louise, | take the following pc'nts.
LIST. That it was not judicial act Of this
louise at all, nor was it adopted by this,
I,ase acting as jndicature.
ID. 1t Was not decision or adJ.dica-
ION upon the election. qualification, or re.
urn OF myself and colleague, our election
nd return h,ving taken place long sinya-
aud pretended adjudication.
81. That s, fair as said pretended adis,-
ication goes to alter or annul the law Of
1ississippi, fixing the time for the election
{ her Representative to the 25th Congress,
is void; this Hnse having no power or
,risdiction, either Legislative or judicial, to
tier or annala constiu'ionallaw of a State
king the time for the general election Of
to Congress. asa
4;h. Said pretended adjudication is not
oncl 'sive upon the State Of Mississippi,
ecause, she was neither party to the pro-
eediag upon which it was based, nor had
ny notice thereof, c;the. actual or con-
.rucsive.
9th. Said pretended adjudication was
'undcd upon p,!p lb!e mistake, and tho
louise Is bound {, review it.
LIST. The adoption Of said res ,lution was
It Judicial act of this II nIse. rs
Messrs. Cll,bo:ne and G.l D!son were in
Of their seats, participating in all
e business OF the House: M on. contes-
ID their election, anl tho resolution intro
iced by themselves originated entirely
1t of their delicate s.nsi5iEties ON shes
Inject, and was nothing .nnre- INN an ap-
ication to tho Hssse Tor its advice and %.
MON Drun the validity Of their ret,,ra.-
ach was the understanding and view of
e committee, as appears from the f,l1ow-.
9 extract from their report: an, obiec-
IN, says the committee, ssis made from
" quarter To the right Of the gentlemen
ect to their seats, only by and through
on account Of the peculiar CIR
instances under which the election was
ed, their own delicacy and sense 1t pro-
riety have prompted them TO invite scru-
ny into their right to seats in this Ho $780,"
This shows that the whae proceeding
'isinated in the tender consciences Of the
sntlelnen, and that the House was applied I.
as sort of Lord ChanceIIor. 10. quiet
eir scruples; the resolution Of relerence
d not contemplate or authorize an inyes:i-
atieo either. into tho election or q.isli6ca-