Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1848-12-20

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different result by means of opening, alb
stracting and certifying the returns in
done directly, be sure it cannot be done iadi-
rectly. The process Of sapping and mining
ut the constitution, usage, decision, and the
purpose and language of this scheme, is
quite as Intellectual as any open assault.
And it smacks of preuarieati and mean.
ness to rspudiate the expressed purpose of
the men who framed this scheme, and seek
to arrive at result which they disavowed,
by sinuous and sinister means. =
l say, Therefore, as a MANI est and an
controuertibte truth, that the legal mem
bsrs elect from Hamilton, are, everyman of
them, Representatives. of and for that
County, and nothing less than the whole
county.
When, therefore, Messrs. Pugh and
Pierce presented themselves at the bar of
the House, with certificates Of election, duly
signed and sealed, as Representatives of
the County of Hamilton" @duly and con-
stitutionally elested,"-were they entitled
to their seats, prima tacia, subject to be ous-
ted upon coatestation, by anybody who
should show better right? Manifestly
they were, II for the principle is well estab-
ished that the certificate gives the seat,
prinsa facia. There seems to be no con-
troversy about the application of this prin-
ciple. The county of Clinton has been re-
peatedly called by the Chairman of the
House, Mr.. Letter. 1t is understood that a
gentleman having, not certificate, but a
certified abstract of the votes cast in that
county, is now here III this city. He has
never responded to the call and claimed to
be sworn as member, prinsa .facia, or in
fact. The holder of the certificate, Mr..
Jones. it is conceded by everysdemocrat, must
take his seat, in the first instance, because
he holds the certificate of election although
it is notorious, aud admitted by Mr.. Jones
himself, thathe was ineligible as candi-
date, being Sheriff Of the county; did not,in
contemplation Of law, receive single vote,
and cannot retain his seat for a moment
upon contestation. The same is true in
regard to the gentleman holding certificate
of election from the counties of Scisto and
Lawrence -disregarding as farccal and
absurd, the special election under which he
ing more than substitute him to the exact
rights and the exact vacancy which his So
called resignation created 1t is admitted
that he must have a seat Prinaa facia,
thouah clearly incompetent to hold it. This
is the course which the House has pursued
And the members eject and claimants who
are standing out against its organization,
are clearly Of opinion that the certificate
gives the seat, because they have admitted
Messrs. Jones and Hambleton into their So
called organization, although we'll aware of
their notorious disqualification and ineom-
potency to become members in fact. I re-
peat, therefore, the certificate g yes the seat
the principle is esta blished, uncontrovert-
ed, admitted in fact-there is no question
about it.
Messrs. Pugh and Pierce, then, were en-
titled to their seats, pranla facsa, as matter
of st-ict legal right. They have taken them
they are sworn members for the time be-
ing, Of the only legal House OF Representa-
tives that is or can be,-that, namely, con-
sisting of FIVE more than majority of the
whole body, over which Mr.. Letter presides.
Why is not quorum of that house consti.
tuted at once! Its Chairman has been re-
peatedly recognized by the members elect,
who stand out, and refuse to make up the
quorum. As to their personal or official
rights, individually, there is not one of them
whose seat is uncontested who can say that,
in respect to himself and his constituents,
h. has any justifca tion fol assisting to keep
up the present condition of things, so preiu-
dicial to the peace, the credit, and character
of the State. But a combination of mem
bers elect make the case of two Cincinnati
claimants their own, and insist that Messrs.
Pugh and Piercs shall be thurst out from
their seats, without a trial Of their right,
and before any tribunal is erected, by means
Of an organization, which is competent to
tfy it. More,-to compel them to come,
even though clothed with certificates of
election, as suppliants and petitioners, to men
who have prejudged their case, two of whom,
tleast, are utterly disqualified to maintain
their seats before moments fair investi-
CATION. This is the precise point in contro-
versy now, and it must be seen at once
that the majority, the regular House of
Representatives, never can, as they never
will, require this sacrifice of their legal
rights from Messrs. Pugh and Pierce; nor
will those gentlemen, | take leave to say,
ever surrender them, though winter should
give way to spring. and spring lapse into
summer, and summer subside into autumn,
without quorum being obtained in the
House! That may be set down as a mat
ter about which all debate and all atte.npt-
ed arrangement or management are wholly
superhuous and vain!
Thus much have written in respect to
the aspect of the case which is now pre-
seated the prsma .tacia case, namely,
which is all that is properly in controversy
now. Thus much relates to the order and
manner in which the facts of the case are to
be presented and settled. 1t never was
heard of before, that the holders of certif-
Gates could be required to stand back out
Of possession and become contestors. No;
their right is to bs in possession, and to be
contestees, subject to be ousted by any body
showing better right. And tc have this po-
sition it is necessary only that they should
have certificates, as Pugh and Pierce have.
When the time come for investigating the
facts and settling the ultimate right, they
will be ready. That time is not now. And
you will allow me, Mr.. Editor, the express
of al l.. l. 4