Florida Contested Election of United States SenatorGideon and Company, printers, 1852 - Počet stran: 40 |
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13th of January adopted affirmative ALPHEUS FELCH analogy assembly authority ballot British law Charles Turner choose a Senator claimant committee common law conflict constitute an election constitution of Florida convention the question corporate elections counted declared dispute dissent duly elected elec elective force elective govern electors present eligible established exercise expressing no choice Federal Constitution Florida Constitution Florida legislature greater number House of Representatives Jefferson joint meeting jority judicial jurists King's Bench legal effect legal majority legislative rule lex parliamentaria Lord Denman Lord Mansfield ment number of electors numerical majority occasion opinion organic law parliamentary person positive vote power of electors prescribed present and voting presiding officer printed argument proposition provision qualified candidate quo warranto quorum reconsider refer refuse to vote revoke rule of decision rule of judgment sanction seat Senatorial election sitting member term tion tribunal UNITED STATES SENATOR vested viva voce vote vote expressing whole number YULEE
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Strana 17 - If it be disclosed afterwards, the party elected may be ousted, and the election declared void ; but the candidate in the minority will not be deemed ipso facto elected. But where an elector before voting receives due notice that a particular candidate is disqualified, and yet will do nothing but tender his vote for him, he must be taken voluntarily to abstain from exercising his franchise ; and, therefore, however strongly he may in fact dissent, and...
Strana 18 - He is present as an elector; his presence counts as such to make up the requisite number of electors where a certain number is necessary; but he attends only as an elector to perform the duty which is cast on him by the franchise he enjoys as elector; he can speak only in a particular language; he can do only certain acts; any other language...
Strana 15 - Whenever electors are present, and do not vote at all," " they virtually acquiesce in the election made by those who do.
Strana 15 - After an election has been properly proposed, whoever has a majority ' of those who vote, the assembly being sufficient, is elected, although a « majority of the entire assembly altogether abstain from voting ; because ' their presence suffices to constitute the elective body, and if they neglect ' to vote, it is their own fault, and shall not invalidate the act of the others, 'but be construed an assent to the determination of the majority of those
Strana 16 - Nisi prius, directed the jury, that if they were satisfied that the electors had notice of Bigg's want of qualification, they should find for the plaintiff ; . . . because Biyy not being qualified was to be considered as a person not in esse, and the voting for him a mere nullity. The jury found for the plaintiff : and the Court, on motion for a new trial, agreed with the law as laid down by Lord Chief Justice Lee, and refused a new trial.
Strana 34 - When he has made an appointment, he has exercised his whole power, and his discretion has been completely applied to the case. If by law the officer be removable at the will of the president, then a new appointment may be immediately made, and the rights of the officer are terminated. But as a fact which has existed cannot be made never to have existed...
Strana 17 - ... which this rule, as to corporate and other elections, appears to have been established, and then, after stating the facts which these pleadings disclose with regard to the proceedings now in question, to see whether it is properly applicable to those facts, so as to be the groundwork of our decision. First, the cases in which the rule has been either stated or applied in regard to corporate elections are very numerous. It may be sufficient to refer to four of the most important, either for the...
Strana 25 - ... founded in common sense, and established by authority, is, that a majority of the legal voters, who choose to vote, will always constitute an election.
Strana 33 - The discretion of the Executive is to be exercised until the appointment has been made. But having once made the appointment, his power over the office is terminated in all cases, where by law the officer is not removable by him. The right to the office is then in the person appointed, and he has the absolute, unconditional power of accepting or rejecting it.
Strana 18 - ... is to assist in making an election; if he dissents from the choice of A, who is qualified, he must say so by voting for some other also qualified; he has no right to employ his franchise merely in preventing an election, and so defeating the object for which he is empowered and bound to attend.