The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-08
THE DAILY UNION.
For The Union.
CONTESTED ELECTIONS.

| There will be a contest, we learn, from Ohio,
New Jersey and Florida or the merits of the
Ohio case, we are not advised The case from New
Jersey has been presented, and, we learn depends
upon the legality Of the exercise Of the elective fran
chse by some Of the voters. The Florida case, il ia
said, will be presented on Monday or Tuesday, and
depends, not upon the qualifications Of voters, but a
mere arihmetical calculation of their nun5er and
also upon the Legality of he return In the mean time,
we learn that Mr.. Brockenbrough, the contesting
member, has evidence perfectly satisfactory, though
not the official returns, TO show his election by u
majority of 80 or 100; which returns must come
through the post office TO the secretary of state in
Florida, and thence to this city; whilst Mr. Cabsll
seems to contend-if we can understand his card,
published III the Florida Sentinel-that no votes can
be counted but such were in the office of the Flor.
ida secretary of state, at the expiration Of thirty
days after the electioncaiming that those only are
lawful returns and that those which arrive subse-
quently cannot be counted. This seems strange
and anrepublican doctrine Iand to give the election
more to the caprice of poslmasters returning Off
GERS, and even the winds and waves, than to the
voices of the people. The House, however con-
stituted, always has and always will, make short
work Of such objectonsj and will not be the less in
cned to do so IN this case, from the fact that the
law requires the returns TO be sent by mall and
from the distant islands and keys of Florida there
is but one mail month, sent by schooner, to
Charleston But, in the mean time, Mr.. Broken
brough contests the return, and contends that he has
the right to the seat and the contest to the election
il any, should be upon his competitor. And where
there is but one representative from State, which
has very important interests at stake, this matter Of
the return may be very important matter during
the delay of the returns. Mr. b. contends that he
has the prima acie evidence which entities him to
the seat. He did not raise the question in the or
ganization Of the House, when it might have pro-
duced embarrassment, and his claim therefore de-
thp NOR sphpdy nj NJ thu of
the House. The error IN the return is said to have
originated IN msapprehension of the secretary of
state, which led him to count irregular and inn
proper returns, which should not have been in his
Office, or considered by him. Tue laws Of Florida
require the judges Of probate appoint inspectors
Of elections in each county; and those inspectors,
after counting the ballots, are to make certificate
signed by themselves and their clerk, showing the
whole number of votes, and the number given for
each person. This certificate is to be taken by one
Of their number under penalty to the Judge of
probate, by whom they were appointed. At the
end of ten days. the judge Is to count all the votes
for his county, in the presence of two justices, and
they make out similar certificate, which is made
record in the Office of the Judge, and certified
copies of which are evidence equally with the orr
gina A certified copy endorsed election re-
turns, is to be sent TO the secretary of state by
mail through the nearest post Office. At the end of
thirty days after the election the secretary of state
is to count all the official returns received from the
several judges of probate in the State; and he is
make out another similar certificate from such re-
turns, and this certificate is made prima face evil
dence Of election. Such'a certificate Mr.. Brocken-
brough has, and upon it claimed his seat at the first
day Of the session, and still claims although he has
not thought proper to embarrass the organization.
His certificate shows that, by the count Of such re-
turns, in the Office at the expiration Of thirty days.
he had 81 majority. And il the secretary had con-
fined himself to the legal returns, Mr.. Cabe would
have received return. But in those counties from
which no certificate had been received from the
judges Of probate, he conceived it his duty to count
returns accidentally and improperly sent to him by
inspectors Of election, without any law authority,
and when he could not know even that such per-
sons had been appointed; and these partial and ac-
cidental returns, sent in an unlawful manner to the
wrong officer, put Mr.. Cabe into majority of 81
at the end of thirty days; and the certificate was
given in his favor by the secretary, and upon that
the governor issued his commission thinking that
no discretion was left him, but that he was bound
TO follow the count of the secretary. We learn that
Mr. Brockenbrough, after obtaining the certificate
from the secretary of sate which is declared by law
TO be lima taeis evidence of election, upon that de-
nianded the governors commission; but he having
already given one felt compelled to refuse another,
although satisfied that Mr.. B. had obtained the only
true and lawful certificate If such the facts we
presume the House will promptly rectify the mis-
takes OF returning officer, as is the only Judge
of the election, qualifications, and returns Of its own
members, and the power must have been given for
Just such emergencies