The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-22


Senator Hawkins, of Franklin
Carter, of Columbia,
Bethany, of Jefferson,
90 Broward, of Duval,
Bell of Hamilton,
Goodbread, of Nassau,
Mays, Of Madison,
Wall, of Monroe,
While, of Jackson.
The wings have certainly hit streak OF good
luck in Florida One out Of their five members gets
the two years term.
The legislature is busy at work. Ii will break
mn. perhaps next Tuesday week. II dispays great
industry, and we have a legislative body
more disposed to be guided by the dictates Of pa
triotsm and duty than both houses are. We see
but little party spirit except among the wings, who
try to impede and bother business.
u. 8. SENAToRs.--We publish to-day the letters
of the U. = Senators elect accepting their appoint
ments. We invite attention to the message of Gov
Moseley, IN relation to the validity of Mr.. Levy's
election as representative in May We are clearly
of opinion that the House of Representatives could
not have sustained that election. The federal con-
s.tution is the paramount, law. Given the provisions
of the State constitution must be made TO conform to
it. The federal constitution declares that the times
places, and manner of electDg representatives, shall
be prescribed by -the legislature Of each State This
NOT done, respect of the election of May last
The constitutional convention was not "the iegisia-
lure"
No one is to blame ON this subject but the conven-
10 Congress should be elected in such manner. 1t
should have left it for "he legislature" to prescribe
the slime, place, and manner" Yet when the
convention did direct, it was the duty of the COM
mttee TO follow its directions, otherwise they would
have been censured. Besides, the Territorial egis-
Iaure, al last session, by law directed the election
This, it is true gave validity to the election, if it
was otherwise irregular; but the officers right
in following its construction of the constitution
He'd Mr.. Levy declined as senator, we doubt much
-
have vacated Mr.. Levy's seat, and ordered new
election-the time, place, and manner to be pre-
scrbed by 'sthe legislature" of the State. The con-
stitution cannot be evaded All are sicorn to uphold
it. Strictness in its construction, and rigid adhe
renee to its letter. are the true rules to be pursued
The difficulty on this subject, doubtless, had infu-
ence Mr.. Levys acceptance of the place Of sena-
tor. We know he was disposed to decline the
trust. His friends from East Florida the entire
East--strepuousy insisted on his acceptance. Most
Of the democratic members from the Middle and
West several OF whom did not vote for him in eau
Gus after his election by the unanimous vote of the
democratic party in the legislature united in solicit
atoms to him to accept the Office.
Mr. Lew we know, after his election as senator,
deeply felt that the course of some of the democra
cy IN the Middle and West not such as his
friends had right to anticipate. He did not wish
the office of senator merely he did not desire it. ex-
cept accompanied by the good feelings and conf
dence of the whole democracy of every section Of
the State. His course has been frank, open, manly
and unconcealed.
We are gratiied now that the misdirected feel
ings which induced opposition on the part of some
In the Legislative caucus have subsded that all APP
prove OF his acceptance of the senatorship and hail
him as the first choice Of the State. We admire the
steadfast manner in which East Florida adhered to
him. It is honorable to both them and him. The
few Of The democratic party who have been induced
lin some degree as we believe, by the artfu and in.
sidious misrepresentation Of the wings, that hate
Mr. Levy with uDextinguishable hatred) to object
10 Mr. LEWIS resignation the representative, are
,Setting right again. Why should the democracy,
a man, not stand by himi Why should they yield
10 the sinister attacks of his enemies! II is wing
policy to strike down every prominent democrat
one at a time. They strive to sow discussions and
discontent among the friends of those who have
been disappointed. We should repel these assaults.
Eas, Fiarida claimed Mr.. Levy and that his cleo.
ton to the Senate was due to her. She was unani-
NOUS in her claim. Her people would not have been
satisfied without his election. The Middle and
West were bound to yield to then-to give up their
preferences for other democrats and go for him for
the East, We dislike the symptoms of sectional
feeling and jealousy Of which we saw some indica-
lions in the late election. Every democrat should
strive to suppress them.
II Mr. Levy had no other claims---if he was not
distinguished he is for talents and faithful servi-
ces--that he was the chosen candidate of the East,
90 unanimously democratic, was enough. There
should have been no sectional feeling against such
selection. IL Mr.. Levy had not been elected sena-
,or we should have had to have another election for
representative His resignation of the post of rep
resentative has probably avoided the predicamen OF
our State being, for part OF next session, without
representative IN the popular branch of Congress
We STALL now have no difficulty on this head "A
new election, "the time, place, and manner" to be
bed BIZ the legislature, will be held in October
The selection OF candidates will be made we pre-
sumo by the different parties before the Legislature
ADJOURN and we shall give the wings sound drub.
bling, as we did In May
IS il said they dare not run candidate. The
honor ofbeing beaten-all that is left their candidate
will, however, we think, not be declined by several
in their ranks.
EXECUTIVE OFFICE,
Tallahassee, July IL, l645.
10 the General assembly Of The State Of Florida:
Having notified the Hon. David Levy, and the
Hon. James ID. Westcott respectively, Of their cleo
tion as The first senators in the Congress- of the
United States for the State of Florida, have re.
ceiyed in rey,y, the letters, copies of which arc
enclosed herewitbs by which it will appear that
both Of these gentlemen have accepted the trust
signed them; and that Mr.. Levy has vacated the Of
fee of representative in the 29th Congress of the
United States from this Stnte, to which he was elect
ed by the people OF this State, at the general cleo
ton on The 26th Of May last, under the provisions
Of clause 5th of article 18th of the constitution Of
this State, entitled "schedule and ordinance"
Bya reference to section 4th of article LIST of the
constitution of the United States il is provided that
.'ihe times, places, and manner of holding elections
for senators and representatives shall be prescribed
in each State by the legislature thereof but the Con
gress may, at any time by law, make and alter such
regulations, except as TO the places Of choosing
senators"
learn that serious doubts have been entertained
whether, under this clause OF the federal constitu-
tion the election of representative in Congress in
May last in virtue of the direction Of the constitu-
tionsl convention of the State of Florida and M,
by the legislature thereof and before the State iegis.
taiure had convened or could convene was valid
1be act of the Territorial Legislature, authori.
zine that election, gave it no additional sanction
an, however, inclined 10 the opinion, that the
election ws consistent with the federal constitution
upon the ground that the whole sovereignty of tn,
people of this State, and the entire powers Of gov
er,,ment--"isgisiafipe" well all others--wert
DC ssessed by the convention. But, confess, the
argument that the terms Of the federal constitution