Portage Sentinel

OHIO LEGISLATURE.

We compile from the Legislative Reports of the Ohio Statesman the following account of the proceedings in the Legislature, upon counting the votes for Governor, both Houses having passed a joint resolution for the same:

HOUSE OF REPRESENTATIVES.

Columbus Jan. 8

The Senators entered the chamber, and the two Houses proceeded to open and publish the votes for Governor.

When the vote of Ashtabula county was announced, Mr. Whitman of the Senate, said that there were mistakes in the footings in some places, which should be corrected. He moved the appointment of a joint select committee, to examine and correct the returns.

Mr. Goddard of the Senate thought the motion out of order.

The speaker of the Senate, so decided.

Mr. Archbold wished to know how mistakes could be corrected, unless gentlemen were gifted with omniscience, how could the mistake be ascertained and corrected in the moment that the speaker was announcing the vote of the county.

Mr. Whitman thought if his motion was out of order, he would raise a question of order whether the speaker was not bound to read the vote of each township in the State, and let them be footed up as they went along.

Mr. Goddard thought they need not look further than the certificate at the bottom of the paper.

Mr. Whitman knew that in Massachusetts, when Marcus Morton was elected Governor by one vote, the whole votes of the State were counted over six times.

He did not appeal from the decision of the chair, but raised the point of order, whether the speaker was not bound to read the votes by townships.

Mr. Riddle thought the count might go on in the usual manner, until some county was reached which was known to be incorrect, when the speaker might correct it at once.

Mr. Backus sustained Mr. Whitman. He thought the duty of the speaker was to open the abstract, and declare the number of votes in the several election districts; but the duty of the House, was to ascertain from the votes who is elected Governor, they had therefore the right to appoint a committee to ascertain who had the majority of votes.

Mr. Goddard suggested that the speaker proceed as he began, and that then a committee should be appointed to investigate the returns.

Mr. Whitman—The speaker will not announce the number of votes, until that committee reports?

Mr. Goddard—Certainly.

Mr. Riddle thought that the committee might be appointed.

Mr. Whitman, under his oath, could not sit here and see not the returns but the footings of the returns. He thought it the best suggestion that an informal committee should be appointed to assist the speaker, and let him announce the aggregate result when that committee reported to him.

The debate was continued at some length.

Mr. Leiter moved that the convention take a recess until three o'clock. Carried.

Mr. Olds moved the House take a recess till three o'clock. Agreed to.

SENATE

Jan. 8.

Afternoon Session.—The hour having arrived, at which the joint convention of the two Houses stood adjourned. A motion was made for Senators to repair to the Hall of the House. It was discussed at some length, on which it was finally agreed, that the speaker should read the footings of the abstracts, but before the result should be proclaimed, the speaker should call to his assistance such committee, to consist of members of each branch, as might be necessary, and before proclaiming the result, the said committee should add up the result in the returns claimed to be erroneous.

The Senators then repaired to the Hall of the House.

Immediately after their arrival, The Senate adjourned,

HOUSE OF REPRESENTATIVES.

Jan. 8.

AFTERNOON SESSION.—After the transaction of some business, the Senators came in, when the speaker of the Senate stated that, in consequence of the difficulty which had taken place in the morning, he had determined before announcing the final result, to call to his assistance a committee composed of Senators and Representatives, with whom he would go over the abstracts and correct every mistake which might have occurred therein.

The speaker of the Senate then proceeded to open and publish the abstracts.

In Defiance county, there was no one mentioned as having been voted for for Governor, though the number of votes given is set forth.

Mr. Edson member from that district stated that he wished it understood that this was no democratic mistake. The clerk was absolutely and determinedly whig.

The counties having been called out, and the vote published,

The speaker of the Senate announced as the committee of Revision on the part of the Senate, Messrs. Goddard, Beaver, Whitman and Wilson; on the part of the House, Messrs. Julian, Holcomb, Chaffee, Morris, Riddle, Bigger, Brewer, and Whiteley.

Mr. Goddard asked to be excused on the ground that he never could do anything with figures.

Mr. Backus was appointed in his place.

The Convention took a recess until 9 o'clock, to-morrow morning.

Jan. 9.

Two Houses in convention; called to order by the speaker of the Senate.

Mr Whitman moved a call of the Senate. Ordered.

Mr. Roediger moved a call of the House. Ordered,

Mr. Whitman—Messrs. Speakers, proceed to read a report.

Mr. Beaver objected to the reading

Mr. Dennison also objected.

Mr. Whitman desired to know who was to decide, he thought both speakers.

Mr. Dennison thought—

Mr. Randall hoped the Sergeant at Arms would enforce order.
Mr. Whitman—advancing into the centre of the chamber. If it has come to this if a Representative of the people doing his duty to his constituents and his country, is to be put down by force, come on with your force, you miserable cowards.

Mr. Archbold—When fraud fails you, resort to force.

Mr. Dennison—Let me say to the Senator that we understand our rights and can maintain them,

Speaker of the Senate—No, sir, there will be no fight, The speaker decides that the Senator from Fairfield may now read his report,

Tumultuous applause in the chamber.

Mr. Whitman read his report.

The undersigned members of the joint committee of the Senate and House of Representatives, appointed to aid in canvassing the returns made for Governor, have attended, in common with the other members of said committee, to the duty assigned us, and now beg leave respectfully to report that the result of said canvassing is as follows:

According to the returns opened Seabury Ford has an aggregate vote of 145,816

John B. Weller has an aggregate of 146,105

In the above aggregate of votes, the vote of the county of Defiance is not counted, as there is no return from said county in conformity with law, the returns not naming the person voted for for Governor.

The vote of the county of Lorain is also not counted as there is no return for said county in conformity with law, the return not being certified under the official seal of the Clerk of said county.

The duplicate returns from the county of Van Wert differ in the footing, ten votes. But the certificates of the Clerk and Justices in both returns agree in accordance with the footing of one of the returns and these ten votes are therefore included in the above aggregate vote for John B. Weller.

The votes cast in that portion of Morrow county taken from Richland and duly returned, as appears by the returns opened by the Speakers, are included in the foregoing aggregate.

In Crawford county eighty-four votes appear in the return as being given for "Seabury," and are therefore not included in the aggregate.

From which it appears that John B. Weller has received a majority of Two Hundred and Eighty-Nine votes over Seabury Ford for the office of Governor.

H. C. WHITMAN,

J. W. WILSON.

BENJ. F. LEITER.

Of the M. C. WHITELEY.

Committee.

JAS. R. MORRIS.

DAN'L BREWER.

He had a resolution to offer.

Mr. Dennison objected to the reading.

Mr. Whitman—How do you know what it is?

Mr. Dennison—I don't care what it is!

Mr. W.—Ha! brute force, is it?

Mr. W. offered his resolution:

Resolved, That a committee of six on the part of the House, and members on the part of the Senate, be appointed by the respective speaker of each House, to examine, in the presence of both Houses, the returns of votes made for Governor, by the clerks of the several counties of the State.

This resolution is in accordance with the practice as I am prepared to show.—If gentlemen are in earnest and desire to do right and justice, now they may do it, But if they are determined to sustain the speaker, should he desire to be guilty of usurpation, let them vote the resolution down if they can.

Mr. Dennison—Mr. Speaker—

Mr. Whitman—I wish to present these books, my authorities, to the speaker.

Mr. Dennison—I care nothing about your books. Note that down, Mr. Reporter, for the benefit of the gentleman from Fairfield.

A lengthy debate here took place between Messrs. Whitman, Backus, and others, which we omit for want of room.—

ED. SENTINEL

Mr. Goddard wished to say a few words.

The Speaker said that on yesterday he had opened the returns as required by law. That the Senate would.

Mr. Whitman.—By what authority, sir, do you gag down members?

Mr. Archbold said that he wished to be heard.

The speaker. I concur in the main with the argument of the Senator from Fairfield but

Mr. The Speaker has no right to cown members. He has no right to address the Convention.

The Speaker still persisting.

Mr. Whitman. In the name of the insulted freemen of Ohio—the men you are attempting to disfranchise, I command you, sir, to take your seat and obey the laws.

The Speaker still persisting, a scene of confusion followed, of which it is impossible to give a sketch, in the midst of it the speaker of the Senate declared the Convention dissolved, and without any proclamation of the result—without any attempt to proclaim who was Governor elect.

[The Speaker of the Senate at the time was on the right hand of the Speaker of the House. He immediately commenced climbing over Mr. Breslin, to gain the steps leading to the Speaker's Chair on the east instead of descending on the side next to him, and the last seen of him; he was leaving the chamber without his hat escorted by Mr. Claypoole, as if particularly glad to leave the scene of his glory and his shame behind him; and thus was the House adjourned ]

January 10.

In both branches the forenoon was spent in an endeavor to correct the journals, which already speak the truth and nothing else.

In the Senate the debate took a wide range, and opened up rich. Messrs. Archbold, Wilson, Whitman, Myers and Burns correcting the Speaker's statement about the appointment of a committee, and charging home upon whiggery the fraud it sought to perpetuate. Mr. Speaker Randall got to talking and so far forgot himself as to be on the eve of making admissions which would have shown up the fraud in still stronger light, when Mr. Dennison begged him to make no more explanations in a matter that touched his personal honor!

Mr. Ankeny was sorry that the Speaker was not allowed to go on, for he was curious to hear the developments about to be made. Mr. Randall admitted that he had the figures to show three different footings in the returns for Governor, and averred that until ten minutes before the closing of the farce, that he knew not which to take.

In the House the debate was on the motion to amend the Journals by substituting the speech that Mr. Speaker Randall intended to make, but which he did not.

By their own admissions whiggery is in a bad fix. The leaders feel that their conduct in the outrage they attempted to play off is indefensible, and they now seek to palliate it as much as possible; but the writhings of Beaver;—Backus and others, show this to be an up-hill business.

The former gentleman, it was stated in debate, had a feeling to gratify. He has prostrated Mr Randall, and made him odious in the eyes of all, Randall beat him for Speaker, and in return, Beaver advised a course which has resulted in the prostration of the speaker; and the Trumbull Senator; though he has added not to his own fame, has accomplished the task of prostrating his rival in free soilism.

In the House, as soon as the Journal was read, Mr. Pennington took the floor, with a motion to expunge so much of the Journal as recorded the proceedings of the two Houses, and insert in place of the matter so expunged, a paper which he held in his hand; the only important feature in his paper was that the Journal should be so altered, as to make it appear that the Speaker of the Senate, had announced the result of the count of votes, and that that result was in favor of Seabury Ford. This gentleman was met by Mr. Rooter, by a question of order. Had one House the right to amend the Journal which contained the record of the proceedings of both Houses in convention? Upon this question appeals from the decisions of the Chair, motions to adjourn, to lay on the table, &c. the whole of the morning session was occupied. The selection of the gentleman from Belmont as the organ of whiggery upon this occasion, was an unfortunate one for them. The memory of Mr. Whitman's indignant eloquence, was too fresh in the House, to enable the House to give even patient attention to the wishy washy speech of the gentleman from Belmont. He is hardly the man to lead on such an occasion as this, and whiggery has better timber in the House, out of which to manufacture a figure head—Statesman

January 11.

In the Senate, this morning, on an attempt to amend the Journal, the fact was admitted, that the discussion which occupied the whole day of yesterday, was out of order—no motion being made upon which action could be had. Mr. Goddard wished to correct the Journals so as to show that an irregular discussion had ensued upon a mere suggestion that the Journal might be corrected. Such action not being the business of legislation, had no more right on the Journals than a side bar suggestion made by one Senator to another; the motion to place it on the Journal was voted down.

Mr. Chase introduced some resolution to-day, in relation to the counting of the votes for Governor—to rectify the wrongs sought to be inflicted by the party that wish to make Mr. Ford Governor, whether he be elected or not. The resolution Mr. Chase submitted by an able argument, which will soon be published in extenso, In the course of the debate. Mr. Dennison admitted the existence of a doubt as to Ford's election. and Mr. Chase claimed that he could not do otherwise than vote for the resolutions. Mr. C. when he made this assertion knew not the party ties—the strong efforts made to whip in the refractory, by the whig leaders, and he will find that though Mr Dennison virtually admitted in debate that Ford was not elected, yet his vote, under party discipline will be different.

In the House, the debate was begun on the journal. The question at issue, was the same as that discussed on yesterday in the Senate, though it came up in a different shape. The position of the democrats of the House, is the same maintained by the democrats of the Senate. They agree that nothing shall go upon the journal, but what actually occurred; that the records of the House shall not be a vehicle for the dissemination of falsehood, nor a machine in the hands of political tricksters. The ground the democrats of the two Houses held, is a very simple and a very just one. It is shortly that they have not sufficient evidence before them, to decide who is Governor, and that until they have, they will not permit their journals, nor their Houses. to be made the means of giving that high office to one. who, for all they know, is not entitled to it. They insist that the journal shall remain as it is. and the office of Governor in the hands in which it is, until it is ascertained who has a right to succeed him. To ascertain that, they insist that a committee of both Houses shall be appointed to investigate the returns. What can be fairer? and what does it indicate, that a party violently and vehemently refuses to take that investigation out of the hands of an irresponsible individual. The sound sense of the people will decide who is in the right.—Statesman

Fifth Week of the Session.

Five weeks of the session of the Ohio Legislature have past, and the feeling which prompted the strong and disgraceful proceedings in the House during the first three weeks, are still perceptible in the dogged pertinacity with which the federal party strive to stave off business.—They conceive the whole business of the Legislature to consist in bargaining for office, for power and extended rule, and beyond a good bargain to be made they can see nothing. True, there are exceptions to this rule, as there are to all others, and that exception is in a scion of the Hartford Convention federalism in the Senate, whose distempered vision sees the editor of the Statesman in everything going on. In his dreams, we must appear as a nightmare, so frightful, that we occupy all his day thoughts. A proposition to name Mr. Garrard the printer to the Senate, roused him and he detained the Senate till long after dark, in denouncing us—a proposition to print Gov. Bebb's Message, lashed him into fury, and thus he goes, the editor of the Statesman his eternal song. Poor fellow, had he ever had brains, we would have thought he had lost his reason.

In both branches bills are introduced, and if whiggery continues not its draw back, the business of the session at the end of this, its fifth week, may be said to have commenced. So far the business transacted is of but little consequence to the general reader. What another week may bring forward we know not.

The disorganizing position of federal members assumed at the commencement of the session, led to all the waste of time and of the money of the people. That has not yet and cannot well be righted. It lessened the respect of the people for the law-making power, and in the same ratio lessened their respect for the laws. The whole effort was to grasp power—to set aside the verdict of the people and to retain it, through all time in defiance of the popular will constitutionally expressed, and we fear that until a new constitution places it out of the power of the federal leaders to reenact their patricidal course, that no Legislature, reflecting the popular will, can meet, without a re-enactment of the scenes of the first three or four weeks of the present Legislature.—Statesman.

From the Ohio Statesman.

The basest attempt yet to commit Fraud.

The Ohio State Journal, of last night, contains the following extraordinary article—or at least it would be extraordinary at any other times than these:

Official Vote for Governor.—Amid the confusion yesterday, our Reporter was unable to catch the exact state of the vote for Governor, as declared by the Speaker of the Senate. That officer has furnished us with the numbers as announced, which are as follows:

Seabury Ford 148,191

John B. Weller 147,320

Ford's majority 871

We now pronounce the above a fraud and falsehood of the basest character.—There is not an abstract of the votes of the state showing any such report—THERE IS NO ABSTRACT AT ALL made, published and recorded upon the journals, as has been the custom of the state from its first organization. No such abstract has been exhibited—no such can be found, and having no such thing to produce, each whig makes his own statement from the Speaker of the Senate down. The Speaker of the Senate held a paper in his hand, in his seat, in the Senate, yesterday, and said there were three conclusions or results, and he had not made up his mind but a few minutes before he arose to announce the result—a result that no one heard, and which was not of course, comprehended by any body, and does not appear, for the Speaker in his hot haste to get away, left no memorandum of what he did say, if he said anything on the subject, and surely an after statement cannot be taken, and hence he might as well have confessed his failure.

But let us look further into this matter. In the same Journal, Mr. Backus is reported as saying in his place in the Senate on yesterday, in reply to Mr. Whitman, that:

"The Senator has said that no man could declare on his oath, what has the majority of legal votes. Probably that could only be done by going to the poll books and canvassing the legality of the votes. I did, however, add up the footing of the votes, as declared by the several footings of the committee, and Seabury Ford has 147,793 votes, and John B. Weller 147,120. votes, being a majority for Ford of 673 votes."

Here is whig recorded evidence of another estimate differing from the first given above of 193 votes! Soon after the election last fall, Mr. Galloway, Secretary of State, made what was called an official statement in which,

Mr- Ford, had 148,666

Mr. Weller, 148,321

Ford's majority 345

Thus differing from both several hundred votes—While Mr. Whitman from the committee reported the following state of facts:

We omit in this place the Report made by Mr. Whitman, as the same will be found in the report of the Legislative proceedings in another column, to which we refer.—Ed. Sentinel.]

Now, from all these conclusions, what was the natural—the honest—the plain and fair course to be pursued? The very one Mr. Whitman proposed in his resolution, viz:

"Resolved, That a committee of six on the part of the House and members on the part of the Senate, be appointed by the respective Speaker of each House, to examine, in the presence of both Houses, the returns of votes made for Governor, by the Clerks of the several counties of the state."

We appeal to the whole people of the state, what honest man could have desired any other course? The Speaker of the Senate should have been the first to have asked it, for his own safety and protection. But what was his course? In the very face of this fair, honest, and customary practice, he pronounced the resolution out of order, and then, in the midst of chaos and a second Bedlam, mumbled over a few words and left, without hat or cloak, for the Senate. We stood only a few feet from the Speaker's chair and never dreamed that he had announced who was elected Governor. Even the Reporter of the Journal, sitting right under the Speaker, as that paper confesses in the article we copy, did not hear it, and hence the Journal says it was furnished by the Speaker since! This is a pretty confession, especially as the whigs of the two Houses have been striving ever since, to make that appear on the journals of the two Houses, which nobody heard and nobody knew anything about. The whole object, then, of the whigs is to get upon the journals what occurred to any body's knowledge in joint session. The Senate very properly this morning refused to mutilate their journal, and hence no such announcement appears on record. The only course now left is to adopt the resolutions of Mr. Chase, of Butler, as proposed in the Senate this morning.