The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-20
THE CHlLNERS.alNlIIC CASE.
REMARKS OF
Hon. E. Barksdals in the House Of
ilRepresentatives, February 18th,
1854.

MR BARKspALx. Mr.. Speaker, / have
been dispassionate aud impartial listener
10 the able discussion OF the question be-
fore the House. l had not intended TO en-
ter the arena OF debate. do not intend to
do so now, further than 10 give the reasons
for the vote that shall cast and TO avail
myself of the opportunity Of offering an
amendment TO tho resolution accompany
ing the report OF the committee.
Reserving my judgment upon tho para
mount question OF the right Of the people
Of tho Second Congressional District OF
Mississippi 10 be represented by the person
Of their choice whom that question comes
TO be considered upon its merits for fpal
adjudication by the House, shall upon the
question as IL now stands cast my vote 10
declare that tho claimant holding the Ger.
tificate has in virtue of 1t the primd Glcsc
right to the seat pending tho contest on
its merits.
In the course Of this discussion p,imd frcie
evidence has been defined 10 be such eyi.
dence as of itself is sufficient to establish
the fact, II uncontradicted; but is contro.
vertible. Unqucstionably that definition
Is correct; but the primd Ideis evidence is
controvortible when tho issue Genes TO be
tried upon it's merits TO determine whether
the person holding the certificate Is the
duly elected member.
Hence tho ingenious and labored areu.
ments Of gentlemen TO show that the GER
tihcate OF Mr.. Manning is founded on a
mistake, or erTUr, Vt fraud, "a they may
choose to have IL, are not applicable TO the
question as IL ia now presented 10 the
House. They will be relevant whom the
question Is considered on its merits.
The rule has been established, and con.
flrmed by invariablo custom, that the per-
son 10 whom the certificate has been
awarded il entitled to hold and TO discharge
the functions Of the Office of Representa-.
tive until the House, in the exercise OF Its
preroga,ive rs the judge of the election,
returns, and qualifications of its members,
decides the case on its merits.
Doubtless abuses are often committed by
officials in the discharge of this important
trust Possibly they have been committed
in the present instance. But submit Il at
to depart from the rule and set aside the
certificate before il is judicihlly decided TO
be void is to deprive the body of the OF "
means OF ascertaining its membership and
porfecting its organization. McCriry, In
his standard work, American Law of Eec-
tions, says;
| II the party holding the ordinary cre-
dentials 10 an Office could be kept out OF
the Office by the mere institution of con.
test, tho organization OF legislative body,
such for example as the House of Re-
prosentativos Of the United Statcs.
might be altogether prevented by
instituting contests against ma.
iority Of the members, or what is more
TO be apprehended, the relative strength of
political parties in such body might be
changed by instituting contests against
members of one or the other of such par.
ties. Those considerations have made IL
necessary 10 adopt and to adhere to the
rule that tho person holding the ordinary
credentials shall be qualified, and allowed
to act pending contest, and until de-
cision can be had on tho merit.
As 10 Mr.. Chalmers, neither tho commit.
tee, nor any member of the committee, has
asserted that he has even the color OF
title 10 a seat pending the contest; and
therefore he is not a party TO tho present
proceeding
will add that, in view OF the extraordi-
nary discosures contained In the papera
relating TO tho case, the House owes il TO
its own integrity, to the claimants them
selves, and especially to tho people of the
district, TO institute searching and vigorous
inquiry into the merits of the case without
delay. The right Of the people to be rep
resented by the person Of their choice over
tops all other rights. II is imprescriptible
and inalienable, and IL is usurpation TO
deny or to delay its exercise. Let the
| House make haste 10 address itself to that
question.
The SPEAKER. The gentlomans time
has expired.
Mr.. BARKsDALE. One moment more.
Mr.. RANEEY. | will yield TO the gentle
man from Mississippi for one minute.
Mr.. BARKsDALE. l wish 10 offer an
amendment reported by the majority Of
the committee, and TO obtain vote upon
II IL possible under the rules, which will
ask the Clerk 10 read.
The Clerk read as follows:
Resolved, That tho Committee on Eiec.
tions be discharged from the further con-
sideration of the prima 61eie right to the
seat in the contested election case Of !. r.
Chalmers VS.. Van II. Manning.
Mr.. BAEKsDALE. Now read the words
which desire to add
The Clerk read;
And the case on its merits proceed before
the committee, with instructions 70 report
Is early as possible.
So that the resolution will read:
That the Committee On Elections be dis
| charged from the further consids iatoa of
the prima fdeie right to the seat in be con-
. tested election case Of ]. r. Chalmers vs.
J Van II. Manning, and that the case on its
! merits proceed before the committee, with
instructions 10 report as early Is possible.