Speciai. Sf..ssiox, [SENATK.] Mi.m i i.i.Axr. 



March, IS'jl. No. 'i. 



LET! ER 



THE n N. I). L. Y r LEE. 



Stating t/ii' reasojnf which will induce hiia to confcst the scat of the Hon. 

 Stephen R. Mali-orv, who was declared to be c/crted the Senator 

 from Florida for the ensuing term. 



Ut'ud aixl crdi.lcd to lie jjr'mtrd. 



Washington. Mairli ^, IB-ll . 

 To the Senate of the United States: 



I beg leave to present an extract from the daily Journal oi" the Ge- 

 neral Assembly of Florida, printed by authority and for the use of that 

 body, showing the proceedings and vote which took place on the 13th day 

 of January last, in the choice of a Senator ol the United States, 'for the 

 term conunencing the 4th of March current. 



It will be seen the President of the joint meeting announced there was 

 no choice, in consequence whereof the legislature ])roceeded in several 

 successive votings, until on a subsequent day, it was announcerl that the 

 Hon. Stephen R. jNIallory was chosen. 



After a careful examination of the subject, I have a strong conviction, 

 that the first voting completed an election, that in fact and right, I was 

 then duly and constitutionally chosen, and that all the subsequent proceed- 

 ings were therefore void. 



It appears that I was the only persoii put in nomination — that no votes 

 were given for any other eligible peison — and that more than a majority 

 of a quorum of the elective body declared me to be their choice. 



It is understood that the legislature acted under an impression that the 

 concurring voices ol" a major jiart of all th.e members elected to the two 

 branches (the aggregate being Hity-nine) was necessai'y to a choice; and 

 that number (to wit, thirty) not having declared for an eligible person nu 

 choice was thought to have b?en made. 



If I w^as legally elected, as I believe to be the case, it is my duty to as- 

 sert a right to the office ; and as a failure to do so now, when the Senate 

 is convened, and I am present in the city, might be interpreied into an 

 abandonment of claim, or at tlK^ least into negligence in ils assertion — I 

 have thought it incumbent u])on me to bring the subject to the notice ot 

 the body. But as rny fiicnd Mr. Mallory, wito will (loubt!( ss i-egard it his 

 duty to present himself with his credentials, is not now here, it is liot my 

 purpose or wish to press the question, nor to ask a decision until he can be 

 present. 



With rer^pect and consideration, your Itllf-w citi/en, 



D. L. vlll:i:. 



