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

were TO make returns 10 the secretary Of the Terri
tory; and that the secretary of the Territory was
receive and count the returns made by In
! clerks. BY the provisions Of the act Of l643; an
the legislative act Of l845, il becomes the duty Q
the judges of probate appoint the inspectors; tn
inspectors are to make their returns to the Judges
probate, and they are to certify them 10 the Aeere
tary Of State, whose duty il is TO receive and coun
| the returns no made.
The undersigned does not deem it necessary q
refer 10 the tnts in which the various returns
be made, be- ause he believes thai provision Of tn
law is merely Directory and that il portion Of the re
turns should not reach the secretary Of State by un
avodable delay, or by mistake, &c, until after tn
time prescribed by law had expired, II they com
properly authenticated, they ought TO be receives
and counted. .,..
The next question TO be considered Is the powe
OF the clerk Of the county court 10 perform the du
ties Of the Judge Of probate, after Florida had beef
admitted as a State, and before the judges Of pro
bate had been appointed and qualified under the lie
gislatiye act Of l645.
Article IL, section 4, Of the constitution Of IN,
State Of Florida, provides that sail ofieen, eiyi
and military, holding their Offices and appoint
ments in the Territory, under the authority Of IN,
Territory, shall continue 10 hold and exercise theil
respective oces and appointments until superseded
under this constitution. ... ...H
| can come TO no other conclusion than that ths
clerks Of the county courts are authorized 10 per
form all the duties relating To elections prescribed
by the act Of l843, until the judges OF probate are
appointed and qualifed-thst is appoint inspectors
receive their returns, and certify the same to the
secretary Of State.
have given my reasons for receiving the returns
made by the inspectors TO the judges OF probate
and by them certified 10 the secretary OF State
and also the returns made by the inspectors 10 the
clerks Of the county courts, and by said clerks to
the secretary Of State, when Judge Of probate
had been appointed and qualified 10 perform the duties
Of such clerks.
All other votes should, in my opinion, be rejected
The result is that MIR. BRoeKLsBRoUoH has received
majority Of 1874, as returned by judges Of probate
and one clerk Of the county court
would, Mr.. Speaker, willingly give Mr.. CABrLI
time TO procure further testimony from the State Of
Florida and postpone the decision OF the question
until another day, il had the slightest idea that the
result of my conclusions in favor Of Mr.. BRocKEs-
BROOCH would be in any way changed.
Sir, if the House should adopt the resolution re-
ported by the majority Of the committee, by giving
to Mr.. BRocKKsBRoUoH the seat Of the sitting mem
Der, for one would extend TO Mr.. CAsELL the priv
lege, if he desires il, of becoming the contestant
But believing as | do, from the most accurate in.
formation which | can obtain, that Mr.. BRooKEs-
pRoUGH received at the polls majority OF the votes
Of the freemen Of Florida, regard 1t as my duty
TO contribute my aid in assigning him seat upon
this floor.
The will Of qualified voters, legally expressed at
the polls, should ever be respected; upon 1t depends
the purity of our institutions and the stability Of
our government. And every motive which can
influence us-loye OF country, a regard for justice,
the sacred right Of freemen-should prompt US to
give il expression.