The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-21

a statement, showing Inc names OF clerks and
other persons employed la this department durns
the year le45, with the time each person was as,s
ally employed, The paid, and the residence ~
each al tho lime OF his appointment; which lei.
Ter aud statement were laid upon the table.
letter from The Secretary Of the Navy traD,
hitting, IN compliance with a resolution of M.
liouee of Representatives Of the 18th OF JanusTv
Instant, report la relation 10 the ship canal a. .p
near the Ship island 10 the Gulf Of Mexico OH b.
coast OF Mississlippii which letter and report sen
laid upon the table.
A letter from the Secretary Of the Navy, tss,,
hitting, in eomPlisnee with an act Of May Isl, ISsU
statement of the appropriations for the naval \.
vice for the year ending June 30th, l5s5; which h,
Ter and statement were laid upon the liable
CONTESTED ELEcrtos FROM YLoaipA.
The House resumed the consideration Of IN,
case.
The report Of the majority OF the committee on.
Guides with the following resolutions;
R,ssir,d lh.t Edwsrd q cshsI reluroei 10 th II,0.
as member thereof nom the state offiorids, 10 not ,at
Rssir.d That W. IL Brocksnbrough /. entiilsd TO 49,,
ia this House "a representative FROM the of floS
The report of the minority concludes with In.
following resolution:
Rsssr,d Ths; william n. Broekehbrough hs, no, an.
ported his psttian, and that Edward Cebel IL snttl.J
his seat in this House.
MIR. 5. JONES resumed and concluded his 70.
marks Commenced yesterday in yindieailop az
the result at which majority Of the committee hal
arrived, and IN support of the position he had AZ.
sumed that the contestant Mr. BRocKrspKouoHl
had the largest number OF votes, and was entitled
to. his seat. In doing this, Mr.. J. entered into
minute examination and comparison Of the lsLus,
statements Of votes accompanying the report Of the
and OF which report could scarcely b.
made ineligible 10 the general reader.
Mr. McGAUGHEY, a member OF the COMMITTEE
followed IN favor OF the minority report. lie con-
tended that there was not evidence enough before
The committee TO satisfy the minds Of any impartial
man that either OF the two gentlemen MAS eleeied
but he thought that the onus OF proof was upon IA,
the contestant, Mr.. BRocxrspRoucn,l and that he
OF the governor ought 10 protect the al.
ting member in his place, until such lime as n.
should bring evidence to show that h,
himself had majority Of all the legal votes II,
Mr.. McG.) did not mean TO be understood as Ia.
sisting that Mr.. CABrLL was elected; but he mean,
TO say that there was as little evidence that the oih,f
gentleman was elected
MIR, CHASE, also member Of The commits,
next Obtained the floor. After deprecating the f,,
ing which had been manifested on the part of n,
members OF the committee, which he regretted b.
cause he said the question was purely legal aue,
ZION for the decision Of the House, he proceeded !,
examine the laws Of Florida for the purpose Of a.
pertaining who the proper returning officers wer,
The decision TO which his own judgment had
brought him was that the returns Of Judges OF pro
bate were the correct returns; that where th,r.
was no Judge Of probate, the county clerk VA.
the authorized officer; and that all other return,
ought to be rejected. In this way he had arrived Al
the same conclusion though by different codr.. AZ
reasoning, as that at which the majority of The com.
mitiee had arrived--that Mr.. BRoe grsBaouou wa,
entitled to his seat.
Mr.. G. nlso adverted ut somc length 10 The nrc.
ceedings in committee, and gave way for incidensl
explanation to Mr.. CHIPnAss
Mr.. SIMS spoke briefly in advocacy Of the prc.
prety OF sending back for further evidence beior
they came TO the decision Of the case especially
there was one county and certain precincts, Inc :.
turns from which had not been received. II, al.
yerted to the importance of the question; as connect
ed with the right Of the elective franchise and con-
sdered the evidence at present before the House and
the committee insufficient to counterbaience the on.
ma face evidence Of the right of the sitting member
as exhibited in his commission, bearing the great
seal of the SAFE, and in the returns on which is
sued. He concluded his remarks by offering ,hs
following substitute for the resolutions of the CON-
mittee:
whereas The returns from all the election precincts
the of Florida have been received and II Is sb,
g,sly Necessary to Just and proper dsci,on in the
of all the votes taken In said election shall be received he
fore final vote of the House IL taken therefore -
Resored That the case OF the contested election from The
State Of Florida, before the House. be recommrd
the Committee Of Elections In order the evidence Of ii
the returns from all the election precincts Of said state ,
be received and reported to the House. - !. ~
sSoired That the contestants in said havs leave
take testimony touching the said returns and election
ing to each other respectively due notice thereof"
No gentleman rising, the question wns about to
be TAKEN when
( Mr.. IIAMLIN rose and said, he should move
either to postpone the question, or he should move
a call OF the House, as the House was very thin u
this time.
Mr.. COBB moved call Of the House. [bu, sub.
sequeDtly withdrew i'll
Mr.. HAMLlN, in reply TO the remark of Mr.
SIMS that there was no evidence that all the returns
from Florida were received, said, while it was true
that it was stated by the respective parties before The
committee, tiiat there was one county from which
no returns had been received the gentleman
should have been frank enough to have stated thai
il was also said by Of the parties that there had
been no election in this county He agreed with
the gentleman in his statement that there were one
or two precincts from which the returns had not
been made, but were understood to give o majority
for Mr.. BRocKENBRoUGH.
The question was again propounded upon TIE
amendment Of Mr. SIMS, when
Mr.. ADAMS rose and Inquired Of the Speaker,
il there was not vote OF the House that The con.
testant should be heard'
The SPEAKER replied that there was. il The
gentleman chose 10 avail himself Of it.
Mr.. ADAMS said the question presented Itself
TO his mind, whether the vote should be taken I'M.
Ill the contestant had been heard.
Mr.. SIMS said he did not wish il 10 be taken
until the gentleman was heard
The SPEAKER said the question was still open
for discussion; the motion Of the gentleman from
South Carolina was a mere motion 10 amend, and
the amendment did not cut off debate, but, if posi-
BILE, rather enlarged the range of il.
Mr., ADAMS would then inquire whether Il
would no, be proper for the House to hear the con-
testant and the sitting member on their respective
claims as they now stood before the House. before
coming TO the motion of the gentleman from South
Carolina' For his own part, he thought they should
be heard rs the case now stood.
Mi. SIMS said, if either Of the parties wished to
be heard on the original proposition, he would with.
draw for the present his amendment.
The SPEAKER repeated, that the gsntemau's
proposition did not cut Off discussion, but that it.
rather enlarged the range of it. Either of the par
ties could he heard ms the question now stood.
After further remark by Mr.. ADAMS on this
point
Mr. CABELL rose, not to discuss the question
at present, but to correct misapprehensioa which
might have arisen from the remarks of the chairman
Of the Committee Of Elections, [Mr. HAMLNl that
there was no evidence that all the votes had moi
hcpn oiven The gept1ernan unul =. mo r,her he,