The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-11
FLORIDA ELECTION

"THE cOETEsTED ELECTIsH.-AneT 80 long a |
time, the question has been decided, and Congress |
has declared Mr.. Broekenbrough 70 be the legally
elected representative from Florida. Upon what
ground this decision made we are as yet igno- |
rant having received the news from private sources
and consequently not having learned any Of the par
uculars The majority for Mr.. b. is said to have |
been only about fifteen or sixteen votes; which fact
strong proof Of Mr.. Cabel's right TO the seat as
it proves that many democrats must have voed for
hum IN spite of party drill and party influence The
democratic majority IN the House rs about seventy |
we believe, and every influence doubtless was used
by Father RltchIc-and consequently by the admin.
IslTatlOn-tO advance the interests Of Mr. Il. and
yet partisan tactics almost failed, and justice was
nearly triumphant.
1.-The statement Of Mr. Cahell before the commit
tee would have appeared in paper to-day, had we
received II IN time In our next we intend TO give
It place, together with all the information that we
may be able TO gather the subject in order TO
present the whole matter fairly before the people,
enabling them TO judge for themselves OF the acts of
party who have thus set at naught the authority
Of a State"
We place ourselves rseuS in etria at once, by
declaring m the most positive terms that we used
no influence at all in the question-not the slight
est. We defy any man to produce the slightest
color of charge, or title Of evidence against u.s.
We spoke to no member of the committee, nor Of
We extend thesame remark to the administration it.
self No one in has sought any influence in be-
behalf Of Mr.. Brockenbrough. None was employed
in any form whatsoever and he owes his seat not to
any member of the administration, nor to the in
huence Of any other democratic friends, but to the
justice Of his cause and the respect which the ma.
jority Of the House of Representatives owed to the
voice Of the people Of Florida. Should the votes of
her majority be set aside by any Formally Of
State legislation Were the votes of the distant part
Of Florida to be nullifed, because Key West and
the other part of the county of Monroe, for
example, could not have their votes register
ed in the specified time the State department
at Tallahassee The law prescribed that the
returns must all be made within thirty days
after the election. IL also directs the polls to be
sent by the mails. But the mails from that part of
Florida are carried in packet around the cape once
month"; and they take the circuitous route through
Charleston to Tallahassee, The forms OF the law can
not, therefore, be complied with, without setting
aside the votes Of the majority Of the people. 1t
was the duty of the House of Representatives in
judging the qualifications and returns of its own
members, to correct the unjust operation of the
laws of Florida, and to do equity to her people.
But the true merits Of this question are so plainly
set forth in the following article from the "Talla-
hassee Flordian," that it supersedes the necessity
of any further argument from our own pen:
FLORIDA CONTESTED ELECTION
"This much-vexed question has at last been dis
posed of in the House of Representatives. Mr.
Brockenbrough has succeeded in obtaining his seat
This we satisfied would be the result and we
only surprised that the decision should have
been long delayed. The House very properly
decided the question upon its merits regardless of
the bubbles and echnicalities insisted on by the
minority of the committee. II is one Of the finda-
mental principles of our republican government that
the majority shall rule in all matters constitutionally
submitted to the decision of the people.
"The simple question, therefore, was, who had
received the larger vote throughout the whole Slater
And any attempt to finally decide this contest upon
any other question, amounts to virtual acknowl-
edgement that the sovereign people of this State
have not, the exclusive right to name their repre-
sentative. Yet Mr.. Cabe calls this an invasion
of State hts to permit the peoples voice to be
heard, unless the votes are returned according to
strict techncalties of law as to time.
The question before the secretary of State, at
the expiration of thirty days from the day of cleo
ton, not who had received the larger vote
throughout the whole State, or who was the repre-
sentative elect, but 1t was which Of the candidates,
according to the legal returns, had the greatest num-
Der of votes at the end of irfu daus and was there
lore entitled to the commission; for, instances may
arise, as IN the present case, where the candidate
entitled to the return is not in fact elected. The
secretary Of State, consider in deciding this aues
ton, is confined to the record matter file in his
Office. Mr.. Brockenbrough thinks with u.s. that he
should have confined himself to the returns of the
judges OF probate or county clerks where there
Judges; while the secretary felt himself authorized
to receive, and did receive, well the inspectors
turns az those ofthe judges of probate II very
little however, which of these opinions are the more
correct seeing that they only refer to the RETURN
and not the final result. For, if the person who is
returned as member is not supported by ma ority
OF the votes OF the people, the House OF Represent
atives will, notwithstanding the commission, give !
the seat to him who has in fact been elected blythe
people. And this has been done in this case, not |
as vulgar minds suppose because OF the democratic
majority in the House of Representatives, but be- |
cause they were bound to respect the poice Of The
people of the State; and that, too, whether all the
returns were or were not made to the secretary Of
state within thirty days. But, while Mr.. Broken |
brough has insisted that the secretary Of state in
deciding this question of the return, should have
confined himself TO those made by the Judges of
probate, he has by no means conended before the
House of Representatives the question as to who |
received the greater throughout the State, that
the House should be confined to the same returns. |
On the contrary in his view, as well as in ours, the
House must decide the matter, regardless Of techni
caIliies and bubbles, on its merits; and VIC in
spectors Of election standing unimpeached as well
as those of judges of probate or If these could not
be had, the evidence Of Witnesses to establish the
sole material fact necessary to decide the question
at issue, which is, iohom did The people elect as their
representative? Are the people who reside in coun-
ties sparsey settled, and so far removed from the
capital, from the conveneaces Of mail facilities
20 be told that they shall be DISTINGUISHED and lose
their votes, because from accdent impossibiity, or
otherwise, they do not make their returns as early
as those more favoraby situated Or should peo
pie suffer from neglect the part of returning
officer 1t is well that there is a tribunal to which
an appeal be aken and where the rights of par.
ties can be fairly and rightfully adjusted.
owe were much surprised on reading the state
ments Of Mr.. Cabel laid before the Committee Of
Elections, published in the last Sentinel. We had
anticipated Mr.. G. would have taken higher grounds
in his efforts to sustain himself Had he, upon see
ing that his ma orty the end Of thirty days had
been overcome by returns subsequently made,
yielded to the will Of the people by vacating his
seat, instead of attempting TO retain il by raising
t.zl - - II