The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-07-31
For the Republic.

|
The Gubernatortal DimcuIty In Florida.
MEssRs. EDIToRs | observed in your paper a
short time since notice of the fact that there are
| two persons in the State of Florida each claiming
| to be Governor thereof. DESTROYS to make known
the grounds on which the respective claimants base
their pretensions to the gubernatorial functions,
send you statement of the law and facts on which
the controversy depends.
The constitution Of Florida provides, that the
Governor shall hold his Office for 'four years"
The schedule and ordinance which provided for
the organization of the State government, (passed
by the convention which framed the constitution in
1882 contains the following clause:
"The Governor Representative in Congress-
" and members of the General Assembly, shall en-
" ter upon the duties of their respective Offices i'm
"mediately after their election under the proyis-
" ions of this constitution, and shall continue in
" Office in the same manner and during the same
period they iood haze done had they been elected
" on the first Thursday in October"
The State of Florida was admitted into the Union
by an act passed the Sd March, ls45.
The first election under the constitution was held
in May, and the first Governor entered on the dis
charge of his duties in July Of the same year.
The first Governor chosen, William D. Moseey,
claims that his term of Office expires in October
nert, four years and three months from the day Of
his Inauguration.
Thomas Brown was chosen Governor at the
election held last October, and was inaugurated in
January thereafter. He claims that his term of
Office commenced as soon as.he was qualified.
II will be perceived that the question depends on
the proper construction to be given to the clause of
the constitution cited: s'The Governor, &C., &C.,
shall continue in office in the same manner and dur
ing the same period he woud haze done had he been
elected on the first Monday in October" 1t is con-
tended, on the one hand that the October meant in
the constitution was the October prior to the cleo
ton, and the other hand it is held that the Octo
Der subsequent is referred to-
If the October subsequent is taken to be the be-
ginning of the term of office. then the Governor
holds Office than four years, the term Of office
limited by tts constitution. By the same construc-
ton members of the first annual assembly whose
term Of Office is by the constitution expressly limited
to yeorthe constitution expressly declaring that
they shall continue in Office for zone year and no
ionger'-caimed to serve, and did continue to act
for more than one year, that is to say, from July,
l845 when the first session Of the first general as
semby began, until the first Monday in October,
1916, when the next election took place, being a
period of one year and three months
do not trouble you with an argument on either
side of the question, which could scarcely be ser
vceable to you or your readers, but content myself
with statement Of the question and citation of
that portion of the instrument under which the RI
val claimants assert title to the dignity and office in
dispute. D..