The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-31

Der has 81 majority" IT..
The genllemsn's own statement designates the
| majority Of votes given as returned by judges OF
probate, and by inspectors Of election Is the gentle
/ man from Michigan answered.
Mr. CmrmAs Will the gentleman from Ten
| nesse allow TO EXPLAIN
| Mr.. CHASE. Certainly.
| Mr. CHiPMAs. I signed the report upon a state
ment made to me Of Its contents, without having
read IL.
Mr.. CHASE. Well, IL the gentleman from Mich
igan signed report without knowing It's contents,
| he may well plead ignorance Of what IL contains.
| Not so with the gentleman from New York, lMr.
CULyER,l who, understand drew up that report
| Il seems also that the gentleman from Indiana Mr..
| MeGAuoHErl did not possess knowledge Of the
contents Of the report which he signed, if we may
judge by his remarks to-day, for ne states il is i'm
possible to tell how many Of the votes contained in
the tabular statement were made by inspectors and
Judges ofprobae. answer him, also, by referring him
for instruction u his own report But | was pro-
ceeding, when interrupted by the gentleman from
Michigan, to notice the subject Of recession" |
remarked | was much surprised that those
gentlemen who signed the minority report, after
having rejected the returns Rom Key West
made by inspectors, should vote TO admit
turns Of precisely the disruption. This
"secesson" which did not expect The demo-
cratic portion of the committee consistent 10 the po
sition which they had assumed, that all the returns
should be received voted 10 receive those contained
in the tabular statement made by the inspectors; and
thus was left standing solitary and alone. ] OBJ
ected at the time to such course, and insisted that
II portion Of the returns made by inspectors
reected they all should share the same fate; but
there was a asecession" by those who were SO will
ling TO reject the returns from Key West.
IL was my understanding at the time that a report
was to be drawn up declaring Mr.. CABELL emit
tied to his seat which resolution was ut a subse-
quent meeting reconsidered. To that | never did
a1d from the first de al IN dra nm
and submit my report, which should have
done but for the fact that the report submitted by
the chairman of the committee was so modified as
TO suit my views. leave IL to the House 10 decide
where the charge Of secession" should fall.
know the excuse advanced by gentlemen for admit
ting the Inspection contained in the tabular
statement is, that they submitted by MIR.
BRoc KEsBRoueH, who should be bound by his adj
mission. Suppose he did submit that state ment 10
the committee with other evidence for their exami-
nation. he could not have expected that they would
admit the returns made by inspectors from part
of the State and reject the returns made by inspec-
tors from another part Of the State. lie, Of course,
relied upon the admission Of all of Of par.
ticular class Of returns. believe that Mr.. BRocK-
ESBRouGH came here TO contest the seat OF the sit
ting member under the belief that he entitled TO
IT, He certainly would not have made an adms-
sion, with knowledge Of what course the commit
tee would take, the effect Of which would be TO de-
feat him. But suppose the admission had been
with full knowledge of what course the committee
would take: il would not change my opinion az to
the legality or ilegality Of election returns. There
are others who have deeper interest in this matter
than Mr.. BRocHExBRoueH, Mr.. CABELL, or this
House--ihe people Of Florida themselves.
Ii appears self-evdent that IT. by the constitution
and laws Of Florida it the duty Of the inspectors
of election to return the polbooks, with certificates
the result Of the election TO the judges Of probate
to lie by them certified TO the secretary of State,
cannot be asserted with much plausibility that the
returns by the inspectors directly to the secretary Of
State would have stamped upon them the evidence
Of legality.
Article six, section sixteen, of the constitution Of
tons for members Of Congress and the general as
sembly shall be made to the secretary Of State in
the manner to be prescribed by law" The inquiry
occurs has there been law passed since the adop-
ton of the constitution by the people Of Florida pre-
| scribing the mode and manner Of making the cleo
| ton returnsl In the month Of July lS45, at the
first session Of the legislature Of Florida, act
passed. entitled "An act prescribing the time, place,
and manner of electing the representative in Con-
gress from this State and for other purposes"
The sixth section Of said act provides
That the Judges OF probate shall have the power.
in reference ordering of county elections and general
elections conferred by the Territorial laws uponthe
clerks Of county courts che returns all such cleo
tions shall be made him The and his duties
relating thereto shall be the same prescribed by
law reference the clerks of the county courts"
We have now to determine what were the duties
Of the clerks of the county courts in reference to
elections as prescribed by the Territorial laws Of
Florida. GAN act regulating the powers and duties
| of the clerks of the county courts in conducting
elections and for other purposes, =" was passed at
the session of the legislative council Of
| Florida, l843.
| Article 4, section Of said act, provides that
1.-THE county clerks of each county shall at least
previous any general election appoint for each pre-
discreet persons having the quafcati OF
electors TO act inspectors Of such election and shall
notice of such appointment and Of the time and place
of holding such election and Of the officers to be elected
to be posted ut the several precincts in his county with
In the time aforesaid"
The principal clause in this section, to which ref
erence is particularly made, is the one directing the
clerk to appoint the inspectors.
Article 6, section Z, Of said act, further pro-
| vides-
THAT the pobook and of the certificates shall with
inspectors be determined by lot they cannot TO
The county clerks Office, and filed therein The other certif
cate shall be kept by the clerk of the election"
| Article /, section Z, provides that the clerk
shall take to his assistance two parties, two dis
interested persons, and proceed publicly to count
| the votes.
| Section Q, provides that they shall make and
sign certificate, similar to that signed by the in
spectors of elections, containing the whole number
Of votes cast, for whom cast, &c.
Section 3 provides that such certificate shall
be recorded by the county clerk, and filed in his
office.
Section provides that
"He shall also within two days after the Of the
votes his county aforesaid make out certified copy
the of the election in his county and enclose seal
and depose the in the nearest post office on the most
direct TO the seat Of government directed TO the
rotary Of the Territory endorsed election reurns'
Article 8, section Of said act, further provides
that
ION the thryhh day ser any general election for