governor. These gentlemen, however, claim to be elected by virtue of writs issued by boards of the county police of their respective counties. "Now, there are but two kinds of election for representatives recognized in the constitution. One is the general biennial election, the other is to fill vacancies. These gentlemen do not claim to have been elected at the general election, for that took place in November, 1835, and cannot occur again until November, 1837. But they say they were elected to fill vacancies, on the ground that the moment a county is created the office of representative is created, and that whenever an office is without an incumbent a vacancy happens. For the sake of argument admit it, and let us see if they be constitutionally elected to fill vacancies. The eighteenth section, third article of the constitution, provides that 'Whenever vacancies happen in either house, the governor, or the person exercising the powers of governor, shall issue writs of election to fill such vacancies.' Now, as I have already stated, no writs of election were issued by the governor. I have asserted that the right of representation is merely a conventional right. I also lay it down as a clear principle that all conventional rights must be exercised in the mode prescribed in the compact, by virtue of which the right is claimed. In other words, the mode in which a conventional right shall be exercised is as substantial a part of a compact or agreement as the right itself, and is indeed a part of the right. The constitution of this State does not give a general right of representation, to be exercised in any way which the people may choose, but only the right of representation to be exercised in the particular modes presented in part by the constitution and in part by the laws made in pursuance thereof. As a part of the mode of exercising the right of representation in filling a vacancy a writ from the governor is requisite, by virtue of the clause of the constitution just quoted. This writ of election is as essentially necessary in the exercise of the right of filling a vacancy as a writ from a court in collecting a judgment. I have, under the constitution, a general right to apply to the courts of justice, but I must apply in the mode prescribed by the constitution and laws. A man owes me a debt, I go into court and loudly demand a judgment for my money. The judge will say, 'Sir, you undoubtedly have a right to a judgment against your debtor, but you must avail yourself of that right according to the mode prescribed by the laws of the land. Go and commence your suit in the proper form and then you shall have justice.' I take his advice, commence regular proceedings, and obtain a judgment. I now demand the sheriff to make the levy to sell my debtor's goods. The sheriff answers, Sir, you undoubtedly have a right to have your debtor's property sold, but not in any way you may please to exercise it. To avail yourself of that right you must first obtain a writ from the court, directed to me and commanding me to sell. You have no right to have the property sold without a writ. That is the mode in which you must exercise your right.' The refusal of the governor to issue the writ does not alter the case nor authorize the filling

of vacancies without them any more than the refusal of a court or clerk to issue a writ would justify the sheriff in proceeding without it. But it is said this is a mere matter of form, and to get at the substance you are justified in violating forms. Sir, I do not know what gentlemen mean by the forms of the constitution, or what right they have to say that one part is not as substantial as another. Did gentlemen, when they took an oath to support the constitution, make a mental reservation that they might violate its forms? What is the criterion, and who is to judge of what is form and what is substance? If what is form can be violated with impunity, I fear the instrument will soon share the fate of the painting which an artist requested his friends to criticise. They all pronounced it beautiful, a chefd'œuvre of art. He then requested that each would take a pencil and strike from it such portion as he deemed objectionable. They did so, and the mortified artist found no vestige of his picture remaining.

"But it is said, again, this is but a small irregularity, a slight violation, and ought not to be considered of importance. Sir, a single brick may be stolen from a building without much apparent injury to the edifice, but let the example of the first robber be followed by others, and presently the whole fabric will tumble in ruins. It is from such small and apparently insignificant attacks that governments and constitutions fall. A leak no larger than a spear-head will sink the most gallant ship that ever swam the ocean. A crevasse may be made even by a reptile which will let in the waters of the Mississippi till whole counties are inundated. When men's liberties are attacked by open force there is but little to fear. They see their danger, and meet it boldly. But when, under pretence of a popular measure, under the disguise of friendship for the people, a blow is struck at the constitution of the country, then is the time for alarm. From open enemies the people can always defend themselves, to treacherous friends they fall an easy prey.

"With regard to the point under discussion, most of the gentlemen who have advocated the resolution admit that the mode of election has been irregular and unconstitutional. The gentleman from Adams, however, has taken one ground, which he has defended in so wandering and desultory a manner that I hardly know whether it is worth while to dislodge him. The position seems to be a sort of block-house in advance of his main battle-ground, which he alternately occupies and deserts. It is this. The boards of county police have by the constitution power to fill vacancies in county offices. It has shrewdly occurred to the gentleman that, inasmuch as a representative is elected in a county, he is a county officer, and, of course, that a vacancy in the office can be filled by order of the board of county police. At least the gentleman says it is a matter of great doubt whether such be not the case. He sits upon the point like a bird upon a rotten twig, ready to fly the moment it gives way beneath him. But let us see whether a representative is a county officer. I understand a county office to be one in which the duties appertaining thereto

are exercised within the county to which the office pertains, and the exercise of which does not operate upon or bind other counties. In other words, where the jurisdiction attached to the office does not extend beyond the limits of the county within which it is created. Thus, a sheriff, a judge of probate, a clerk of a circuit or orphans' court, are all county officers, because the duties and powers of their respective offices are confined in their exercise to the counties to which such officers severally belong. On the other hand, I understand a State officer to be one whose jurisdiction extends over the State, and the exercise of the duties of which will operate equally upon all the citizens of the State. Thus, the governor, the judges of the High Court of Errors and Appeals and other Circuit Courts, are all State officers, because their action is general, and not confined to any particular county or portion of the State. It is not the mode of election which gives character to the office, but the duties appertaining to it and the extent of their exercise. For instance, a judge of the Supreme Court, it will be admitted, I presume, is a State officer, though he is elected only from a particular district, but the exercise of the duties of his office extends over the whole State. Let us, then, see what are the duties and powers of a representative and how far they extend. The power of a representative is to pass laws, which laws extend all over the State, and affect the people of all other counties as much as the people of the county in which he is elected. He is a representative of the whole people of the State, and is, consequently, as much a State officer as the governor.

"If a representative be a county officer he is liable to the operation of the twenty-eighth section of the fourth article of the constitution, which says that judges of probate, clerks, sheriffs, and other county officers, for wilful neglect of duty or misdemeanor in office, shall be liable to presentment or indictment by a grand jury and trial by a petit jury, and upon conviction shall be removed from office.' Now suppose upon his return home the gentleman from Adams should find the Circuit Court in session and a bill of indictment exhibited against him by the grand inquest of his county, charging him with wilful neglect of duty and misdemeanor in office on account of the course pursued by him in this matter, does he pretend that upon conviction before a petit jury he could be removed from his office of representative by the judgment of the Circuit Court? If so, the Circuit Courts by a simultaneous action might break up the Legisla ture. This would be a novel method of proroguing parliament.

"The absurdity of the proposition that a representative is a county officer is so obvious that, as I said before, no one has relied upon it in argument except the gentleman from Adams, and he has advanced it with such manifest distrust as to show that he places no reliance upon it. If, then, a representative is not a county officer, the boards of police had no power to issue writs of election to fill pretended vacancies, and such writs have no more validity than if they had been issued by the chairman of a public meeting. The advocates of the resolution are compelled to admit

that these delegates have not been elected in accordance with the forms of the constitution; that the constitutional prerequisite in filling vacancies, to wit, writs of election issued by the governor, was wholly wanting. Now will the gentlemen inform me if they can dispense with the constitutional prerequisite of a writ of election? Whether they cannot with equal facility lay aside the law prescribing the mode of election? If they can leap over a constitutional barrier, the laws will hardly oppose any obstacle to their progress. Indeed, I understand it to be admitted that the persons claiming seats from the new counties have not been constitutionally elected, but that the failure of the governor to issue writs ought not to deprive the people of their right of representation. They carry this doctrine still further, and assert that upon the occurrence of a vacancy in this body and a failure of action upon the part of the officers whose duty it is to order and conduct an election, the people have a right to meet in their primary assemblies and elect in such manner as they please a representative, and that such representative so elected would be entitled to his seat on this floor. I understand the gentleman from Adams distinctly to avow (if I am wrong I call upon him to correct me) that upon a failure of the proper officers to do their duty the people in their primary assemblies have the right to send members to this body without compliance with any of the forms of election prescribed by the constitution and the laws. I ask the gentleman if I am right in attributing to him such a doctrine? He nods assent.

"Will he permit me to illustrate his doctrine by electing him according to his own mode? I will suppose that a vacancy occurs in the county of Adams. The governor neglects or refuses to issue a writ of election; the sheriff refuses to act without a writ, and in consequence no election is ordered, no inspectors appointed, and no polls opened. Deep excitement pervades the community. The people meet in the public places like the citizens of ancient Athens and greedily inquire of each other, What has happened? At the corners of the streets at Natchez huge placards are posted up, on which, in blazing capitals, you may read, 'Citizens, to the rescue!' 'Your rights are violated!' 'Your liberties are endangered !' Suddenly the tocsin is sounded, and the deep tones of the bell which hangs above the temple of justice, and which has so often assured the inhabitants of that beautiful city they lived under the constitution and laws, now speaks the notes of alarm. The excited citizens rush towards the court-house; a human wave seems in every street. That old hall, which has often rung with the eloquence of the wise and the good, is now filled with men, whose scowling brows and compressed lips denote that it is upon no ordinary occasion they have assembled there.

"The gentleman from Adams mounts the rostrum,-that sacred place from whence law has been so long expounded and justice dispensed. Beneath him is a sea of upturned faces, and, as the burning words flow from his ready tongue that multitude is swayed to and fro even as the tides

obey the changing moon. He tells them with eloquence far beyond my feeble powers to imitate that the most sacred of all their rights is in danger, the rights for which their fathers fought, for which patriots have lived and heroes died. He tells them that taxation without representation is tyranny; that resistance to tyranny is obedience to God; that this right is inalienable; that they cannot be deprived of it by any power whatever, much less by the neglect of duty in their agents, the mere slaves of their wills. He states how the various officers have neglected their duty, and thus pours upon their heads the vials of his eloquent wrath: Fellowcitizens, the sword of retributive justice shall soon descend upon the traitorous governor, and to the ears of our recreant sheriff shall come from the ballot-box a voice which will make him tremble as if he heard the last trumpet sound, the voice of an indignant people! But, fellow-citizens, you must not thus be cheated; those forms prescribed by the constitution and law shall not bind your free energies. Even now, before you leave this house, speak in accents of thunder; assert your rights,—and should your choice fall on the humble individual who addresses you, proudly will he stand in the legislative hall, and boldly will he claim his seat as your representative.'

"The gentleman ceases, a murmur of approbation runs through the assembly, which presently rises to a shout that would mate the roar of the ocean when the tempest is doing its wildest work. He is elected by acclamation, and presents himself before this House as the representative of the county of Adams, with the flush of triumph on his cheek and an almost endless roll, containing the signatures of all that primary assembly as the certificate of his election. Could the members of this House, under their solemn obligation to support the constitution, admit the gentleman to take his seat upon this floor? Does the gentleman from Adams really assert that under such circumstances he would be entitled to his seat? He answers in the affirmative.

"Sir, I did not expect such doctrines advanced from that quarter. I look upon them with horror and alarm. I denounce them as disorganizing and revolutionary. They are the same doctrines which were preached in the Jacobin clubs of Paris during the worst times of the French revolution, and, if generally adopted, will produce the same result here that marked their progress throughout that bloody period. If the gentleman's doctrine is carried out it amounts to this, that whenever an officer of government fails to do his duty the people have the right to take the matter in their own hands and do it for him. If a judge fails or refuses to hold court, the people can meet in the court-house and adjudge the causes upon the docket, and should they find a criminal awaiting his trial for some capital offence, then, inasmuch as legal proceedings are mere matter of form ond the punishment is the substance, they will have a perfect right to hang the poor wretch upon the nearest tree. Sir, I do not pretend to say that the gentleman from Adams has pushed his theory, in point of fact, thus