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

must bring his own witness IL not ihat very de
csscn Of thsa justice OF the peace sought 10 be en-
forced here Are there not papers here In evidence
OF which no notice hss been given % me- and which
have been received ksrs as = whole, when no op
portunity has been allowed for eross-sxamination
| and where the witness not swornl The oaly
difference ", that the oficer scu under the seal o.
the STATE, and not under the sanetoa Of oath; ba
he 10 a wines, nevertheless, and ] cannot cross
| examine him.
took objection TO all the reiurns, except tabular
statement No. D. on the GROUND that they were re-
ceiyed after the expiration Of thirty days. The law
requires that the shall be made 10 the score
tary OF State and that he shall count thsm q the
piration Of thirty days from the ums Of holding the
election. l have coniended thea no returns made
after that time should be received Thisis an Inn
Portant fact. ] should like, IL time permitted
70 argue u. The decisions of Congress on this point
know, are oPpossd TO me in this respect; but lay
down the principle thai this Is matter Of State
Germ, belonging peculiarly to State policy and with
which Congress has nothing TO do. II the people OF
State choose, by law, TO say that their elections
are TO be held in certain way, within certain
time, this House has power 20 declare that law
imperative. know the power given TO Congress
BY the constitution 10 judge of tho election, rs-
turns, and qualifications Of is msmben. Bur rhe
basis upon which this House must act must be that OF
the Stale authority. The House may Judge OF the re-
turns Of ITS members, but il must look the State
law to see how these returns are 10 be made. ]
cannot however, enter upon this question now But |
believe that the motto of State peculiarly APP
pheabie IN this particular and say TO Congress- as
TO oil these matters OF State policy 'let US alone;''
the people of Florida are the best Judges OF them.
objected TO the returns in paper No. 2, because
they were made by judges Of probate, and because
judges Of probate were not the proper returning
oihcers. have con,endsd that the inspectors Of
election, and not the judges Of probate, were the
proper returning officers. admit that according TO
the law Of ls43 quoted in the report Of the commit
Tee, judges Of probate the proper returning Off
GERS and that they alone make returns TO the secre-
ary OF State IL that is the law regulating the cleo
ton, then am free to admit that judges OF probate
are the proper returning officers. But there was
law passed by the legislature Of Florida in March,
ls45, which takes from the county clerks, whose
dunes were the same rs those now prescribed for
judges Of probate, the right TO make returns, ex.
eepi as to county officers, and which declared il
should be the duty Of inspectors Of election TO make
these returns to the secretary Of State directly that
he may return them. Now, if arc acting under
that law Of lS45, there be no doubt that my po-
sition is correct.
But It is said that this law was passed for spe-
cial purpose-to facilitate the organization OF the
State government. i will only read one part o. lit
Sac ib BE further enacted That the SECRETARY OF the
Territory shall said returns received by him open
the same and on &C. proceed TO canvass and up all
the votes given at the different Prseinet' throughout the Ts
tory"
The returns here spoken of are returns Of the
election for representative 10 Cong,en This is not,
cannot be denied.
The last section Of the same oct Continued Mr..
c. repeats all former laws inconsistent with II.
Butts there not clearly inconsistency The for
mer law gave TO judges Of probate the power to
make returns; whereas this law says that in
specton Of election shall make returns; and il re-
poals all former laws inconsistent with il. The for
mer law was repealed, therefore, to all Of
general election. ..# ...... ..
But again, il is said that this law Of March, l645
did not repeal the Of ls43 because in the same
session Of the legislature, another act was passed.
amendatory Of the act Of I843. do not say that
the rhoie lao was repealed, but only such prsvi-
sions were inconsistent with the act of lS45 The
provision to which refer il repealed; while other
portions Of the law remain in full force. The Of
lS43 has never been revived; the act of ls45 il still
in force. ... ... . ... r.a.. ..... ... ..
There is another objection made to the argu-
rnentn rssiion 10 the present essratcn Of this law
force, the constitutional commitee'' permanent
body Not 80, sir; this law is in force except ~ to
those provisions which have become imperative by
the change Of circumstances, attending the transfer
from Territorial to a State government. And by
the act of July, l845 it will be seen that the gov
ernor of the State il substituted for the constitution
al committee. BY the first act (of March l845) the in
spectors made returns TO the secretary who certified
the result to the constitutional committee. By the last
act (ofJuy lS45) the constitutional committee became
extinct, and the governor supplied its place. This
law is still in force. Such 10 the impression in
Florida. Such is the impression Of the gentleman
who draughted both laws Such il the Interpretation
he gives to it, such is the Interpretation Of the Sec
retary Of State, and Of every gentleman in Florida
with whom have conversed. l repeat, as to these
things, let ussone we are the best interpreters of
our own laws ...., ,..
R.eore the and of tb;rfv d.y. IL y,as ....r.,;,.d
that had a majority of the votes returned by the
Judges of probate; and it said to me- as it had
been said the contestant before, by the secretary
of State, that other votes than those returned by
inspectors should be counted; and that although
had majority Of all the votes, yet that the certificate
would be given to my opponent; and it was suggest
ed to to write to our friends to send returns
from inspectors Of election. In this connection,
refer again to the letter of Mr.. ARcHrR. He says:
my construction of the law, given the by me-
mo-, hs e q nS To- 90
with the matter Of general elections"
Hence my G to both Of the candidates %h about
after the canvass took the ground, &C."
This Continued Mr.. CO. is the language of Mr.
Archer. When the suggestion made, the con-
testant made no objection; but when il was ascer-
tanned that had majority Of the inspectors, and
that in consequence Of the declaration of the
rotary, majority Of the judges Of probate were for
And am to be damnifed by this declaration and
decision of an officer Of State, who is politi-
cal friend Of the contestant But for that DECLARE
ton, would have had returns enough within thirty
days, from the judges of probate, 10 give me the
certificate. am expecting them every day; but in
consequences Of the secretary Of State telling me he
mould not count ihsm did not deem it necessary TO
have them sent on. think the House will find that
is clear that judges of probate the pro-
per returning officers, or that their returns alone are
TO be counted. s..s.. .....
The committee overruled this objection. i
Inext objected to the returns Of inspectors Of cleo
ton at Key West, because they were unaccompa-
MED by the poll-books, and had no opportunity Of
testing the qualifications Of the voters In the case
of John Richards, 4th Congress, the rule was es-
iabshed, that the polI-book was necessary to make
a return perfect; otherwise a candidate might be
defeated by illegal votes; because he would have
means Of purging the polls. The secretary does
not certify that any Of these returns authentic.
The gentleman asks whether certified copies Of
these votes have not the force as the originals
admit that they have. But would you receive
them without uroof that The men who furnished