The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-20


hIs' notice he Mr.. II. had had Of the fic, He
(Mr. ii had not given the notice TO the House un-
al The third day, and when he did give H. he did not
Know The fact Of The genlleman's absence.
When he had given the notice, and when it had
been printed, and would in the due course OF mail,
reach New York whittier the gentleman had gone,
ne MIR IA. had supposed Il would be sufficient mo-
uce TO the gentleman TO be here IN the early part Of
the present week. And lie (Mr. H. thought that
he might properly infer that il the gentleman
dld moi return early the first day OF the week,
either That he did not about remaining, or par
ieiPstng in thssettlement ofthe question. He (Mr,
H. had not supposed there was anything wrong
N the matter-any improper motive He had not
inquired anything Of that kind, nor that the gentle
man IN sny manner shrunk from the investigation.
lie could not see, therefore, that there any dis
agreement between them.
CONTESTED ELEcrioE TRon FLORIDA.
The House thsn proceeded TO the consideration
of this subject
Mr.. HARPER made am Intellectual effort to post
Pone At, for reason which the reporter could not
hear.
Mr.. AUGUSTUS A. CHAPMAN offered the
following resolution; which was adopted
Resoissd That William Brockenbrough. who contests
the seat Of Edward Darlington cabe have leave to be
heard In person al the bar OF tails House
The reading Of the report was called for by Mr..
THomAssoS and others, and the clerk proceeded TO
read II.
Several attempts mere made to suspend the read
ing, which Intellectual; and similarly unsuc-
eessiul effort was made by Mr. STEPHENS TO sus-
pend u, with a view to move the postponement Of
the subject, so to give the members (but few
OF whom had read it) an opportunity to read il for
The reports of the uajodly and minority were
then severaIly road
IMr. HAMLlN corrected an error in the tabular
The report Of the majority Of the committee con-
cudes with the following resolutions
Rssoissd That T. Darlington csbsll returned to this
House member thereof from the state Of Florida
entitled 10 his seat
And the report of the minority concludes with the
following resolution:
Rs,olpsd That VIM H. Broeksnbrough Is entitled to
seat IN this House, as representative from the State Of
Mr.. HAMLiN then rose, and addressed IN
House In favor Of the resolution Of the majority {
the committee.
He said that though, in obedience to the demand
of the House, thereport Of the committee had been
read, yet he would, for short time respass its
patience, whilst he called attention 10 some facts,
and TO certain points OF law and Of evidence EN-
braced In II. He thought that, so far as the law,
and the evidence applicable TO that law were con-
cerned, there would be found no disagreement on
the part Of the committee. And, in order to give
gentlemen more clear and definite idea OF the law,
plu oi the as u was pfcatnteu, ne WOulu
their attention, omewhat in detail 10 the facts and
the iaw as they had been already read but more
succinctly and IN another way, and probably in
manner that would more clearly exhibit the law as
1t was and the evidence as II applied to that law.
First then, came the law fine Territory of Flor
ida, passed in lSi3. That law regulated the mode
and the Of holding elections Il made il the
duty of the county clerks TO appoint inspectors Of
election for the election Of Territorial and county Of
hccrs. The clerk, after he had appointed inspect
ors, received the returns from them in the various
precincts where elections were held The law pro-
vided fully for the mode aud manner in which coun
~ and Territorial officers should be elected. II made
II the duty OF the county clerks to appoint these in
spectors, and to receive returns.
The constitution Of the State Of Florida provided
that all officers, civil and military, holding Office in
the Territory Of Florida the time that constitution
was adopted should hold over and discharge their
respective duties until other officers, required by
law, should have been appointed
The law of l845, passed after Florida became
a State, changed the duty of the county clerks. IL
provided that judges Of probate should perform the
same duties In the STATE of Florida that were origi-
nsy performed in the Territory BY the county
clerks. If the matter had been len there, and there
had been no other law, the would be perfectly
clear. No question could be raised, because the
law Of the State imposed upon the judges Of pro-
bato, when appointed, the sans duues that had
been performed by tt,r county clerks. They were
TO order elections The law declared that rs,,,e-
sentative in Congress shnsa De elected in tho same
way and manner as the county officers. IT. there
fore, these were the only two laws, there cSuId be
no doubt that the Judges Of probate In lS45 were
the same officers who, under the law of lS43 were
TO discharge the duties of county clerk
But 10 the month of May, l845, the legislature
OF Florida (before she became sState) passed anoh
er lava law ito facilitate the admission of For-
da into the Union" The committee were of opin-
ion that it was law designed expressly for that
purpose and none other; and that after that event
had taken place, II ceased TO have any legal vita
y. Indeed, it must be SO, because the law passed
in July, l845 did not refer to the Territorial law of
May, lS45, for there no provision in that Terri
torial law to regulate the mode and manner of
efecting county officers. The law itself, in every
FORM by its caption and its preamble WINS a special
law, designed for the sole purpose of facilitating
the admission of the Territory as State into the
Union, and Of electng representative in Congress
at that time. ,as
Under that law representative was elected He
resigned. The Legislature met and adopted the law
Of July, prescribing the mode ana manner of elect
ing members of Congress--that was 10 sny. in the
same way county officers; and the Judges of pro-
bate were to exercise the same powers and duties
that county clerks originally had exercised Hence
the only conclusion to be drawn was that Judges of
probate were now appoint inspectors and to receive
returns, and TO make these returns to the secretary
of State. The secretary of State, in turn, was to
certify the aggregate of votes received at his Office
within thirty days, to the governor and on that GER
tifcate the governor was to issue his commission
Such was the opinion of the committee; and it
was believed that, careful examination of the
matter, gentlemen on all sides could come to no
other conclusion. Once having arrived at the con-
cusion that the Judges probate were the legal
turning officers that they the officers pointed out
by law, through whom the votes shall reach the Office
of the secretary of State, we might settle down
upon strict legal principle that the number ofvotes
received at his Office within thirty days would be
the only strict legal mode of asccrtaining who was
entitled, at the expiration Of that thirty days, to the
commission of the governor. And if this rule was
taken the basis of action, if we stopped there,
then Mr.. Brockenbrough was elected by a majority
of ia votes; that WINS to say votes returned with
in thirty days by judges of probate and one county
clerk, would give him that majority. County
clerks, gentlemen would bear in mind, stood pre-
cIscly in the fame sondition Ms udgcs-of probate,
because they originally performed that duty; and
the constitution provided that they should continue
to discharge their duties till judges Of probate should
be appointed.
But SIR as an individual member of that COM