The daily union., 1852-10-02

with word on this sub)ect but perhaps lew briei re
mksa clear and distinct statement OF The views which
have been taken BY the commttse-may be necessary.
Ii 10 certainly not snsppsopnae
This case presents this Nate of things Al meeting
or convention OF the two houses Of the Florida isxsa
lure, io the purpose Of eeeDg Of the United
S,sies there 70 votes cast for Mr. Yuee, and there
were 70 blank votes,
Thai transaction pecedes the subseq uent meeting OF
The lcx xsAtivc convention. al which Mr. MALLORY, The
sitting member, was declared to be elected who has
presented his credentials. and who now nils The seat
Mr. Yuee insists that Mr. MALLORY is not member
OF this body because and only because, be himself had
been duly elected member 10 The fsi loinI mee'hs when
be received The 80 votes. and when The ~ bahk woes
cast The whole question, ,hereio,e' SeioIe the
Senate resoyey itself into this "Was hlr fuee then
elected III he was then the place was full, and there
was no power in The legislature Of FLORIDA 10 elect The
sitting member, GMr. MALLORY there IS only one
yisw OF the case which believe Il necessary 10 present
m the senate There % yoIes cast for MIR Yu-
lee and there 20 blank votes. Mr.. Ynlee con-
lends that BY the ~ votes he received he elect,
I'd: and he contends The ground that the 20
hank votes not considered as negatives upon the
votes given in favor OF his appointment or noml-
nstop but assent 10 IT, Well, sir, If these we
votes OF assent how did they acquire that character
Were they Intended fact 10 be votes OF assent That
,hey were not nteaed to be is clear because the
meat this oil the vong ascerained the president
~ the Joint meeting declared there election Ii
hs 90 members who voted blank had intended to assent
o ihe election OF Mr. Yuee is beyond all dispute that
somebody would have announced the TACT that was
intake for iu reality the voting unanimous II is,
hsreiore clear that the blank votes not intended
nv ,hose who gave them 10 be votes OF assent to the
s.e,ion OF Mr. Yuee. II they were not inteaded 10 be
votes or assent there anv rule or law by which. nde
adent Of actual intent. they made 10 be votes OF
assrnt or BY which they were 10 be considered no
votes at all Now, the affirmative o. that proposition
liss upon the gentleman who contests the seat tor
Isss he wasecled the sitting member is entitled, and
he admits him to be entitled, and therefore he must show
ihat matter, thing which s necessary complete his
own tile the OF oustIng The sitting member IL
appears, however, that the joint meeting did think
there was any such rule; and that was no hasy de-
cision OF the joint meeting. II was repeated over
again second voting took place on The same day. with
nrecsely the result and the presiding officer again
announced that there was election. third voting
took place, and similar announcement was made, and
the joint meeting then separated; aiier which The
Two houses again for the purpose OF making cleo
non Let be remarked that during all these proceedings.
30 far as the records show, there not suggestion
in either house that Mr. luiee elected. or that these
zs blank votes votes OF assent were not 10 be
counted at all but by every and all hands
ken for granted that the made by the pres
ding officer the joint mee;ng that there was election,
was true announcement Now, whether thess2s votes
are 10 be considered votes OF assept all
depends entirely upon the laws and esages OF the State
of Florida The Congress OF the United States not
having exercised the pow which under The constitution
they might exercise 10 niepose regulations 10 regard to
the election OF senator's this election depended exclusive
ly upon the rule prescribed by the Legislature oil Florida
An attempt is made show that there something in
the decisions OF other States and tribunals something
the nature OF general parliamentary law, which controls
the State OF FLORIDA this point, and likes the character
OF upon these blank votes or makes them nues
Permit me 10 say that If il shown that every other
State in the Union lhe face of the earth had laid
il down rule thai blank votes should be rejected, or
counted votes OF assent this would not IN the slightest
degree affect This election if different rule practice has
prevailed in Florida for Florida in The absence OF any
legislaon BY Congtess has as absolute right TO pre-
scribe rules or adopt practice OF her own as 10 the
mode OF sgnyng assent dissent any other tribunal
or legislature authority earth So that the question
at last comes round TO what s the rule OF the eg
laiure of New York, or Rhode Island bat what is the
II k,tt hat
the only question Allow 10 remark tha, this Senate
has jurisdiction TO prescribe any rule. 10 control any
rule that has been prescribed in State our function Is
purely judicial 10 Judge OF the elecuonto say
whether party has elected according the rules
practice prevailing in the State from which becomes Sew
esa have been cited by the contestant support o
his proposlon bat think that IL is scarcely necessary To
remark than one. and ha, the celebrated
n the House OF Representatives between Jefferson and
Burr As have SAID, IL there general parliament
ary rule existing elsewhere from time mmemorial, Il
would not afec, the position OF the State OF Florida
commit or control her in any way in regard TO
blank votes. But what this case In The election
for the presidency Mir. Jefferson and Mr.. Butr having
each an equal number oil votes, the duty devolyed
on the House of Representaiives-to do WHAT To
choose President TO say that they would not have
either of the candidates 10 say II do agree 10 the
election OF Mr. Jefferson, that OF Mr. Burr = Nota
all for the constitution required the House OF kep-
Hseniatives 10 choose between the two candidates,
and therefore member OF the House, and no Stale.
had any right 10 do augh bat 10 vote Tor one or the
other. That is the precise solution OF the question
which up the House o Representatives. There
ioe when four representatives oi any State voted
for Mr. Jefferson, and the others voted blank this voting
blank was held 10 be no voting. Those who voted in
thai sad in effect shown by the letter read by
Mr. Yulee, awe cannot with you, but will enable
you 10 accomplish your purpose and BY ceasing to vote,
will leave your votes To tell because, under the cr
cumstances OF this election, II will not be opposed by
any snectua negative vote and, al The same time, we
signify the world that merely ceased 70 vote whilst
our opinion remained unchanged The whole question,
then -, what "a the practice IN the State OF fO5ia
Now, must Tteo,ivcl tnat on thfs slhlrct We are
dealing with a TRANSACTION which took place IA Stale
OF this Union in leg slaiive body OF that State which
not only has power prescribe It's rules, but also
10 decide adciay upon the existence and operation OF
rule, 30 Tar Their elections are concerned Now, If
the suppos ton OF Mir fnee j. correct, that The majority
OF quorum could elect this Joint meeting couned the
blank votes That Is clear because you suppose they
did not count them for any purpose, but rejected them
nulss. there undoubtedly no quorum OF one ol
the branches of the gslaure present There was one
member OF the senate absent AMI casting out the one halt
Of those who present IN fact but voting blank
taken If absent you leave the JOINT meeting without
quorum OF the Senate under the constitution Of the State
These blank yoes therefore, sken notice OF for
some purpose other Ii they rejected, oonsid
cred voting al how does happen that The joint
meeting declared that Mr. fuee not elected IL must
be because they considered the rule existing which re-
qnires majority OF All the members OF the body n order
fom election But Mr. President. II sssiaeto
ry shown 10 the committee that the usage and
custom of the stature o Florida blank votes
and ,be referred 10 by the honorable gentleman is
one which, IN the judgment OF the committee was con
elusive that subject An election took place the
speaker was candidate lie voted blank, and, he
bad no night 10 vote the question whether putting
10 blank voting, and y was determined that u
was and that be had violated the rule which forbade
his voting blank vote, then, eiter 10 be oonsid-