The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-31
CONGRESS SIoNAL.
REMARKS OF Mr., CHASE,
OF TENNESSEE

On the contested election from the State OF
Florida.
Mr. CHASE, having obtained the floor, address,
"a the House as follows:
regret very much, Mr.. Speaker, to witness any
manifestations Of feeling in the discussion ofthisqass-
ton itrentirely unnecessary, IN the investigation
OF simple legal proposition, and cannot aid us in
irving at truth and justice. would not trouble the
House with any views which / entertain rela-
i've to this contested election but for the peculari-
~ Of the case Submitted for the consideration of the
House, and the difference Of opinion which pre-
walls among the Committee Of Elections to the
admission Of evidence. The first question to be
considered, and upon which | think this contest
turns, Is, who, by the law Of Florida, at the time
this election held, were the returning officers in
that Sialsl The gentleman from Indiana, who last
addressed the House, tMr. McGAu0BEr, insists
that the inspectors Of election should make their re-
turns directly TO the secretary Of State; and relies
upon the Territorial act Of le45 to sustain him in
his position. | am convinced from careful exami-
nation Of that law, that il was passed alone for the
purpose Of facilitating the organization Of the State
Of Florida, and when that end was accomplished the
law had spent It's force.
The law is entitled, "An act TO facilitate the or
rsnzation Of the State of Florida" IL is insisted
~ the gentleman from Indiana, that the Territorial
act Of l5l5 repeats the act Of ls43. True, when the
uoyisions Of the latter are inconsistent with
d. former. But ii must be recolIected that
here is no provision in the act OF ls45
for the election OF county officers; and il the
act Of l543 is repealed entirely, why there is
no law to this day for the election Of those officers
50 far from the Territorial act Of March, l845 re-
peaing the act Of ls43 the latter act is amended in
March, ls45 But will proceed to show that the
Territorial act Of lS4S is not in force; that il was
passed alone for the purpose Of facilitating the or
gsn1aou Of the State Of Florida; and that, If the
gentleman from Indiana relies upon the provisions
Of that act to sustain him in his position his argu-
ment is baseless.
The first section Of the law provides that 1.-THE
governor shall issue his proclamation, and enioin
and direct the several clerks Of the county courts OF
this Territory TO issue order appointing inspect
ors 10 hold an election in the mode and manner pre-
scribed by the act approved 18th March, l643;n
thus eyoking the add Of the act Of lS43 The sec
ond section Of said act provides that the clerks OF
the county courts shall transmit to the secretary Of
the Territory of Florida, and TO the committee of
the constitutional convention, copies Of their orders
appointing inspectors.
Section II provides that "the inspectors shall
forthwith, after said election, send one poll-book,
with certificate, to the secretary Of the Terrific
~ one to the committee Of the constitutional con-
venton and the other to the clerks of their respec-
tive Counties" ~ -.s', %
Now, if it is contended thatthis Territorial act
contains the law governing elections and returns,
mus, be returned to the constitutional committee
when in fact such committee eriss the duties as
signed them having been long since performed.
Secuon Is provides that "the secretary of the
Territory shall canvass and count up all the votes
gyen-a the different precincts throughout the Ter
ritory and make full statement thereof, and dev
g copy thereof to the members of the committee
Of the constitutional convention, for comparison by
them with the returns received by said committee;
| and when certified by said committee, or majority
thereof to be correct he shall attest the same and
cause the same, certified and attested, to be pub
lhed and copy thereof to be transmitted to each
Of the persons who shall appear therefrom to be
elected at said election to said Offices respectively
Now is very evident, if this act is still in force, il
essential prerequisite that the statement to be
made by the secretary shall be submitted to the
committee Of the constitutional convention before il can
be certified and attesed by him; and, consequently,
there beng no committee of the constitutional con-
' yenuon, the secretary could not be authorized TO
issue certificate to person elected to an office by
the people. ..-.
But it is insisted by portion of the committee
that the returns made by the inspectors Of the cleo
ton directly to the secretary Of State, without hav-
ing been first submitted to the inspection Of the
Judges Of probate should be received and counted.
They admit that the legal course would be, for the
inspectors TO return the pobooks and certificate to
the Judges Of probate, that they might be examined
and certified to the secretary of State. would re-
spectfuly submit that if there is a legal course 10
epursued In this matter it should be adopted. But
The argument is, that the returns made by the in
pectors directly to the secretary Of State re-
teved by him and filed in his office, and become
such a matter Of record as would authorize him to
give copy thereof, having the force and effect OF
sgal evidence. must dissent from this conclusion
such returns were made to the secretary Of State
Without the sanction of law, but on the contrary, in
n dey nj nf hf
legislature of Florida, he had no right to receive
them; they were not placed in his possession &C
eordng 10 law. IL would appear very strange, then
If certificate of the secretary of State, based upor
such returns, could have any force of effect what
ever. 20 a
spectors are the legal returning officers. They stat
In their report:
Suffice say that the sitting member insists that the in
'pectos Of precincts and they alone the proper
turning officers Such is also the opinion Of the under
gned and Of this opinion the secretary of the State
And yet these gentlemen voted TO reject the re
turns made from inspectors at Key West directly L
secretary Of State. How can they reconcile th
| inconsistency ! regret that am under the neces
n'y OF abiding to the action Of the commit
lee; and ! would not do 90, but for the al
| lusions to the course of members of that body
made by the gentleman from Michigan, Mr.
CmPMAN, and the gentleman from indiana
MIR. McGAueHEY. They state that report wa,
ordered by the committee to be made in favor o
Mr. CABELL, which was ultimately prevented b,
the Secession" Of one Of the committee, who wa
one Of the majority at that time. A brief explana
/ ion will set this matter right. When the return
\ rom Key West, made by inspectors Of elections
ame to be acted on by the committee, majority q
\ he committee, including the gentlemen from Mich
gan and Indiana, and myself, voted to reject thes
rturns. The next returns to be passed upon wer
those contained in the tabular statement. In tina
hbular statement were returns made by judges
Probate and Inspectors when much to my surpris,
the gentlemen from Michigan and Indiana vote
\ 10 rtceirs these returns by inspectors
Here Mr.. CHIPnAN desired to put an interrogation
5 to the gentleman from Tennessee, who consented.
Mr.. CHIPakN. viii the gentleman from Ten
q hessee inform the House where is the proof this
4 the tabular statement contained returns made b.
| lnspectorsS
4 Mr.. CHASE. | will prove II by the statemen
made in the minority report the hand Of the ger
A itn'dn from Michigan hifnrB The gentleman, in hi
minority report, for his name heads il, the 70
owing language:
This evidence being offered by the contestant thong
emed Objectionable by the sitting member was receive
We committee This statement the House will perceiv
udes oil the returned to the Office OF the secreta
State al the expiration OF 20 days both those reurn'