The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-08-04
SERGEANT S. PRENTISS
HIS PHENOMENAL CAREER AS
LAWYER, ORATOR AND
POLITICIAN.
THE CONTESTED ELECTION CASE.

iy ON the validity OF the Election and
not on the Number of Votes CAST
Mr.. Prentiss Defeated his Opponent
By More Than to VOte--His Pro.
test on Being Excluded From His
Seat and His Speech in the House.
Written for Sunday News and Observer
This famous case originated in 1887.
1t was not a question as TO the number
of votes cast for the opposing candidates
but turned entirely upon the validity OF
the elections, and the Authority to hold
them Mr. Van Buren, became President
March 4th, 1887, rs the successor OF
General Jackson, and he had barely tins
to take possession OF the White House,
and look around him, when the great
financial collapse came, involving uni
versal bank suspensions, with bank
ruptcy to thousands Of the merchants
and business men, great and small. This
great disaster was fairly traCeabe TO the
financial measures of General JacksOu's
administration the removal of the pub
lie money from the keeping of the United
States Bank to the State banks-tO the
initiation of thep paper currency by the State
bank issues, far beyond their power to
redeem TO the reception Of State bank
bills in payment for Public Lands, which
was another great temptation to over
issues; and fl Ally, to the issuance by
the Treasurv I the "Specie Circular, " or
an order tc lie Receivers of pay for the
Public Lands, forbidding the further re-
ceipt of the bills of non-specie paying
banks. This measure, fatal to the West
ern banks, which had over issued, was
at the same time, a measure of necessity
on the part of the government, for the
Treasury was becoming filed with worth
less bank bills. This system of over
issues Ct bank bills was eliminating in
1886, the effect Of which was to stimu
late speculation in the Public Lands, as
may be seen by reference to the reports
of the Secretary of the Treasury, which
show that the receipts from land sales,
during that year exceeded the receipts
from Customs. The exact figures are as
follows:
Revenue from sale Of the
Public Lands s 24.877,179 So
Revenue - 5a8roma, s %. 4J9, $40 53
The cusss 81 were required to be paid in
specie, or il the bills Of specie paying
banks; and hence The disparity IN these
two sources 81 public revenue. In 0rdi
nary times the land revenue had not
averaged 3 tenth Of that from customs;
and now it is relatively significant.
The financial collapse Of 1887 was
made inevitable, by these measures in
Gen. Jackson's time, and it came in the
course of a few weeks after the lnaugu-
ration of Mr. Van Buren,. To meet the
emergency, an extra session of Congress
became necessary, and the proclamation
issued in May, required the meeting OF
that body on the frat day Of September.
1t happened that two of the States, Mis-
sissippi aid Arkansas, had not elected
their members to the new Congress the
ashland the law of the State had fixed
the day of election for November 1t
was hard that the people of the State
should be unrepresented at the coming
called session, and the Governor,
under advice of friends, ventured to issue
writs of election to be held in July. His
writ was in the following guarded terms:
After reciting the circumstances, the
paper proceeds: Il do therefore issue
this writ authorizing and requiring you
(the sheriff. to hold an election ia your
county, on the third Monday, and the
day following, in July next. for two
Representatives 10 Congress, to fill the
vacancy until superseded by the mem
bers to be elected at the next regular
election, on the first Monday, and the
day following, in November next"
The fourth section of the first article
of the United States Constitution is the
following
1.-THE times, places, and manner Of
holding elections for Senators and Repre-
sentatlyes, shall be prescribed in each
State by the Legislature thereof; but the
Congress may, at any time, by law, make
or alter such regulations, except as to
the places Of choosing Senators"
The State Of Mississippi had fixed the
time for holding the Congressional cleo
tionR on the frstMonday in November, and
the day following, and Congress had not
lnterposed to change the time. The
House OF Representatives by resolution or
otherwise, acting apart from the Senate,
and the President, could not disregard
this regulation Of the State of Mississippi
fixing the time of the election of mem
bers TO the House, withcut a fragrant
violation of the Constitutional right Of
the State; and yet this is what the House
of Representatives, in 1897, did, as will
appear further on.
Of course the election held in July, to
fill the temporary vacancy, under an or
der of the Governor Of Mississippi, was
not legal It was a hard case for the
people, that they should be compelled to
go without representation at the called
session; but the Governor had no Gu
thority to remedy the evil. by ordering
an election He might have called the
legislature together, to make provision
for the energer cy; but he had no more
authority otherwise in the case than airy
other citizen; and it could not have been
fairly and legally claimed that the cen
tlemen chosen by the people were legally
entitled to seats, and to vote. Bat 10
serious opposition vas made to their
sitting for the called session. The cues
ton was raised by Mr. Mercer, Of Vir-
ginia, whether the gentlemen had right
to seats. On motion Of Mr.. Bynum, of
North Carolina, Mr.. Eercer's resolution
was laid on the table Mr. Polk was
then elected Speaker after which com
mittee was appointed to take the Missis-
sippl case into consideration. In due
time Mr.. Buchanan. from the committee,
reported fayorably. Mr.. Adams sug-
gested that they be declared elected for
the called term, and until the November
election. But this did not satisfy the