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

4 call my name; and an attempt was made 10 induo
, him TO make objection TO my being sworn. But Oh
clerk, being man Of honor, and mindful Of hi
OATH disregarded the request made 10 him, and dis
charged his duty; and accordingly sworn, AM
took my seat.
The next step was to present a memorial, which
has been read and which Is contained IN the rspor
of the COMMITTEES That memorial Is as general ia
iu allegations the notice itself Il containes
no specification except regarded the certificate I,
which have alluded. The gentleman asserted d
his friends, that the certificate which HAD reesiv
ed, and upon which my commission was based wa,
given 10y mistake" and that he held the true cert
feate. shall state few facts in regard TO tina,
matter. ! was asionsbed when this dselsra-
ton was made. vas sstonished because o
the personal knowledge possessed Of the char
aeter Of the secretary Of State; for IT, In the
State Of Florida, there IL an honorable man, il ID
James t. Archer; and he had declared that | wa,
entitled to the certificate, and that he would issue
no other Yet the contestant comes here and pre-
SCENTS what he cslls 40 ee nfests If sLseiion,p and
at the same time, declared that mine given 'by
mistake.v Let what Mr.. Archer himself
4 says on this subject am glad that have IL in my
power 10 do tins gentlemen justice. have express
I'd my high appreciation OF his character. have
1 expressed my surprise al the declarations made on
this floor that two certificates had been giyen--one
| to me and one TO my opponent--and such Is the
| impression Of this House. will now read an ex-
tract from Mr. Archer's letter to me, Of the date OF
December 2lst. IL was private letter, and not
intended for publication; but feel il due to myself
and TO Mr.. Archer, that portion Of IL should be
read. He says
writers Washington, and from remarks which FELL from
members Of the House Of Representatives, as reported In
persons TO have given Mr. Broeksnbfough eert6esis Of
election, after my Oneial recorded esrhcsts declaring
turns up Of the day sher election sneh
inference is not eoecti do eonssr the paper given
speak of from rseoieetioa The fact ths, kept no copy
is Of itself conclusive that such certificate contains
judgment J upon the legal returns my ONCE IL Is
Certificate Of facts, and iscs only My Official canvass is
recorded. All the certificates given TO Mr. B. given
this department which required give upon the de.
msnd Of any and Tor which entitled 10 fee,
certify the facts and extract. just as would certify that
Judge Of the circuit Al the giving Of the
eerheste, was remarked by myself that 1t
claimant avowed "a. lsU TO be way and another As
certificate oiaet' alone it given and such express
when Mr. B.. snsr the canvass took the ground that
he should have got the certificate and commission because
greed lie applied for certificate and also to the
governor. The application refused however told
somebody ess to certify the law Upon these facts he
raised the question Of Law before the governor have
fused and he appeals 20 the House OF Repesena
tyes From yoor remarks as reported in the Union In.
opuiOns and given certificate Of election to Mr. D. To
such impres.Ion, Is the object Of this hasty epe
You then authorized to say for that all the esrf
Gates given to Mr. B. given 10 be used ,d,nos
facts; and OF them is meant to be considered
stands this and have him TO correct the mis-.
statements wish him to get the seat upon the but
no, BY his friends mi'repre'entns the object Of my crr
Such CONTINUED Mr.. c. is the language Of Mr..
| ARcHER and | ask what becomes Of the positive
statement made to members here that the contestant
had with the true eertif eae Of tieelion and
that mine had been given 'by mistaken Here is
the letter from the secretary Of State himself, the
political friend Of the contestant though the person
| al friend both Of himself and myself.
After long discussion in committee about this
certificate of the contestant Il withdrawn and
every specific allegation was Withdrawn with il; be-
cause by reference TO the memorial it will be seen
that there other allegation except one-nams-
ly that he had a majority Of the votes. The Sec
ond ground of thu notice was accordingly abandon
ed. And the only ground nov left is, that he had
majority Of all the legal votes; for he has abandon
| ed the question Of return.
The next step was to produce tabular statement
| No. l. II is not true that no objection was made
| to that statement. | did object; because had had
| no notice Of it. The objection was overruled The
paper was received, and accompanies the report Of
the committee. | had supposed until yesterday
that it had been received by unanimous vote; but
| il now seems that tie gentleman from Tennessee
[Mr. CHAsEl did not vote for it. II was received
| however, by a vote of out offs Of the committee,
| and adopted as a rhole-every iota and title Of it.
| l, was then said by one Of the members, snow we
have starting point you have thus majority Of
| 81 votes, and it is for Mr.. BRocEESBRoUGH to
overcome it," We'll, let see hoc he overcame it.
My objection TO the notice, have said, was over.
ruled.
The next papers presented were those marked
g. g. and L. which are certified copies of the returns
| by certain Judges Of probate, from the counties of
p0tn md Pneo and
| from the inspectors from Key West.
There is no allegation in the notice that the con.
estant proposed to rely on these particular votes.
There is simply general statement that he had
majority of votes. These papers are thus taken
er partt evidence, without notice to myself And
this was one Of the main objections made to their
admission. ....-.
1t will be seen by the report of the committee that
Congress has passed no law regulating elections.
They are therefore regulated by the State law. If
gentlemen will refer to the law Of the State Of Flor
ida, they will see that it is made the duty of the
contestant within certain time, 10 give notice to the
opposing party, specifying the points on which the
contest is placed, and the name Of any justice of the
peace, county clerk, and 30 on who might have at
tended to take dispositions There is no such speci-
fcaton in this notice. And if it be true as the
jority of the committee say, that to look to
the law of Florida, then say that the committee
did not respect the law of Florida, inasmuch they
did not require the contestant to give such a notice
| as that law prescribed. In this assertion am sus-
tanned by the decisions Of Congress in the case Of
Eas,on and Scott, 18th Congress-; and Of Spaulding
and Mead, 9th Congress; where it is decided that
| "er parie evidence, evidence taken without no.
,ice, shall, the hearing, be rejected" have not
| time to read any portion OF these cases; pass
them by, therefore, with mere reference.
In the case of Leb, also in the 9Th Congress, il is
expressly laid down that fact not set forth in the
memorial shall be received. Where, in the memo
rial of the contestant it set forth that he expect
ed to prove that he had received certain from
| Key West or HillsboroughI And il You act on the
principle established in the case Of Leib, how can
he prove these facts' He offers sr paric evidence
without enabling me to meet it by rebutting tesd-
mony.
| As to some Of these returns, there is mistakes
| one of them know to be false And if had
known on what the gentleman relied, could have
shown that one at least, Of the returns here made
,pas false but by mistake, lean only make the as
sertion; am not prepared with proof because re-
ceived the notice only on the eve Of my departure
| from home, and | came, therefore, unprepared. |