The daily union., 1852-10-02

Is nominated iof tha ONCE aud three oi the mesbeIs
present vote for him. and the other ioryseyen members
refuse 10 vote, The who gets The votes is said
10 be elected and the courts that those who refuse 10
vote must be considered agreeing the election, not
whstaDdn9 the silence or refusal and the same con-
cusion equally follows though there bu single
vote cast for the candidate and all the Others silent
voted blank Therefore, from the principle upon which
be learned counsel argued II Iue this consequence IN
esitaoy follows. that IN the joint meeting out OF MY
egh members present. one single member had voted Tor
Mt fuiee, aud all the rest had voted blank, he would
nave been elected much, certainly as II ne mad re-
eeved The twenty votes or all The votes There IS
no denying this result, Ii ne common law ruled that
election.
Now hsre is something startling in the idea OF apply
ing 10 the legislature OF State OF the Union rule in
tended solely for Inferior corporate bodies. and leading 10
such consequence 1 have stated Does Florida in
her practice count blank votes That is The whole mat
ter Here is instance IN the case OF the honorable
from Florida, Mr. MoKros,l which answers the
question 10 the practice of Florida In OF the vo
tings ,ha, took place his election there ior him
20 votes, for another person 81, and there We're two
blanks Now, II the two blanks were not counied, II IS
perfectly clear, unless there rule requiring the ma
iony OF all the members Of the legislature in the atrma
i've 10 elect the party that he was elected but the egs-
laure resolved that be not elected and proceeded 10
vote further and IN all the brought before the at
tention OF the committee there is not case of which
have the least recollection IN which the Legislature OF
Florida determined signied thai blank votes were
not to be counted II IS no unusual thing 10 count blank
votes have always counted them the Legislature OF
North Carolina. and my friend from South Carolina Mr..
BuTIE tells me that they counted there too. Now,
blank votes suppose that The State OF Florida stands upon
The same footing OF equality in this respect with other
States, and may count them too. Without, therefore,
going into any other question involved in this matter IL
will follow, IRON The view already taken, that Mr. Yulee
was not elected, and by necessary consequences that Mr.
MALLORY is rig hifuly member of The Senate. 1t
for Florida 10 decide tor herself whether blank votes
should be reckoned, and bow far, aud what purpose.
She had by her legislature decided that they should be
deemed not votes OF assent but OF dissent and this set
Ties The question IN controversy against the contestant
WILL however, say few words, Mr. President, IN
reference the rule which has been referred in the
discussion In 1s45, OF the houses OF The legislature
OF Florida adopted resolution, and the other house
either concurred in that resolution adopted another in
the same words; which is immaerial The resolution
is this
" Resolved. That majority OF all the members elected
composing the houses of the general assembly, sha
be necessary to determine all elections devolving on that
That is the rule but the gentleman has said that this
is mol legislative rule no, rule prescribed. by which
the elections to be controlled bal, merely udicia
declaration. Does tnis mend the case Suppose it
ajudical declaration the two houses composing the egs-
laure OF Florida had undoubtedly, only the right
prescribe rules Tor their own regnanon but they had al
SO the power TO declare the meaning and force OF the
lsnng rules. They had the power 10 declare wha,
the rule ludciay to ascertain it, and reduce il to
tany. Is not that just as binding as legislative pre-
scnpion Why, this Judgment determines what the
rule Is, until those VINO have made IL 10
contrary conclusion and that Interpretation has been
held just in all The election cases which have
CURED since these there must have been some
hundreds. When the gentleman from Florida Mr. NAL
LoRYl was reading history Of them from the journals,
thought the last Intermnabe never so bored in my
e he must have gwen us the votes of two three
hundred cases al least lei IN every instance. with
single excspton the rule declared prescribed has
been adhered TO. and the concurrence OF majority OF all
the members required 10 make election. Ii ad-
hered 10 IN this Take IL, then, judicial
slruction; lei how II stands: the two houses OF
the legislature declare, iudicaly that majority Of all
the members IS necessary 10 make choice In all OF
election by that body and they have acted that deca
ration from that day 10 The present time. How. then,
can we go behind that decison and say that there
no such rules Suppose, the other hand, that this
leg lsaye rule that II order prescribing that
vote OF two,hrds should be necessary what them 1t
said that such rule imperative, because the tesolu
lion was not regularly adopted according the eonslu
uon OF FLORIDA. BY that every resolution or vote. in
which the concurence OF both houses would be
y must be sent TO the governor for bis assent and the
gentleman urges from TIE Interpretation pat upon similar
provision the constitution Of the United States that IL
such rule this passed The two houses OF Congress
would be necessary 10 submit IL 10 the President OF the
United States. Wel suppose that be the case sup
pose that to be the construction OF thai clause in the
constitution OF The Unef States, IT determines nothing.
ihe clauses 10 the constitution OF the United States and
IN the constitution OF Florida IN the wofds
but The State OF FLORIDA IS not bound 10 accept the
sttucon put on that clause OF The constitution of the
United States, and has night 10 conslrue her
sututon ~ her own way. Tbe Interpretation well as
The formation 0i her constitution belongs herself; and
she has come to The CONCLUSION hat saeh resolution
does not require The assent the o the
governor, then such assent concuTrencs
sary, however necessary IL might be upon the nerpre-
laon gwen 70 similar clause IN the constitution OF the
| United States.
| Mr.. DAVIS The gentleman argues that the Congress
otfthe United Staes has power declare war or make
peace. bur that such OF Congress shall be OF any
value without the assent OF The President and iha on
similar grounds, resolution affecting the election
OF senator be OF any value without receiving The
assent OF the governor OF the State Of Florida after hav
ing PASSED the two houses o the legislature The con-
-tiuro1 ~ N. Ued STATES Eprssy &c aires lhe a.
sesi ~ Tue PresdeHt tu such C1ugfps, auI II
the Constitution OF be Stale ol Florida had rendered
1 thar
would have been some parallel At present there is
none
Mr.. BADGER | had intended 10 notice that point by
and by. Meantime this is the sum Of my ara umenl:
The constitution OF Florida is instrument to Be under
stood and interpreted BY Florida and, therefore, IL her
authorities have deierm med that such resolution need
not be submitted 10 the governor, such determination s
an authoritative exposition OF the Constitution, and ope-
crates IN law as part OF ia iert. What my friend
from Massachusetts says Is clear. The constitution of
the United States besiogs upon The legislature the power
Of prescribing the iime place, and manner OF eecting
senators and members OF the House Of Representatives
II coners upon them the whole jurisdiction, the entire
power OF making the law IN regard 10 elections The
gentleman Mr. fulee has stated that only the formal.
ties OF election, the ordetly method merely OF
ducng H. IL committed 10 The legislature, bui not the Law
OF elections This surely Is not Does not the
sutnuon of The United States give them the whole
povefi Certainly il does The State has the power 10
prescribe the time, place, and Of the elections bu
Congress the only other authority The subject has
power only 10 regulate these three things H. then, these
DO not include the whole powe then the whole power
not by the constitution conferred al all But this
not be and hence, subject oaly 10 the control oi COa
gress, the State has the entire power the subject
ihe gentleman argues that the Stale mus exercise this