The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1848-12-22

a certificate is good then one which shows
that claimant for seat was elected for
the State of Ohio would be equally good,
because his district lies within the State.
The certificates of Messrs. Pugh and
Pierce do not then prima facie entitle
them to their seats. because they do not
show what district they represent. AS
to the certificates of Messrs. Spencer and
Runyan, the only objection made to them,
for they clearly show on their face that
the holders were elected from the first
district, is that they are not in the usual
form. But as the law presents no form
for certificate, it is enough if it appears
from its face that person has been cleo
ted. This fact may be done in many
ways. The clerk may either certify from
what appears from the record of the do
ings OF the board of canvassers, that
person is duly elected, or he may certify
upon the whole proceedings ofthe Board,
from which it will appear that he is cleo
ted. In the case of Spencer and Run
yam, the Clerk took the latter course;
and thus by taking some trouble upon
himself, furnished not only prima facie
but conclusive evidence of their election.
But suppose the certificates of these
claimants do not furnish prima facie evil
dence of their election-neither do those
of Messrs. Pugh and Pierce, and on this
ground both ought to be set aside. But
the manner in which the whole subject
was treated, gives additional cause Of
complaint. The Chairman not only re-
fused to permit the certificates of Messrs.
Spencer and Runyan to be offered, that
Others might know what they contained,
but those of Messrs. Pugh and Pierce, the
very first that were presented in the NOR
ming, were received without the ceremo-
ny of an examination. 1t was worth
great sacrifices of law and usage TO our
adversares to secure the members from
Hamilton county IN preliminary organi-
cation, for it will be seen, that if tn at
could be done, that by means ofthem and
cunning devices, six Democrats could be
forced upon the Legislature who were
not entitled to their seats. What we
complain of is, the violation of our clear
ly defined and long settled rights, in
bringing about the result. We have the
highest evidence to believe, that it was
the deliberate purpose Of our opponents,
that the next moment after the Wing
members were sworn in, excluding Messrs.
Spencer and Runyan. and quorum pres
. ent, to take steps to exclude the Wing
members from Clinton, and Scioto and
} Lawrence.
As delicacy and the rules of the House
would prevent these members from vot-
ing in their own cases, there would be a
aiOrity of Democrats to determine their
rights; and these would be the votes OF
Messrs. Pugh and Pierce, neither of
whom under the law have a right to a
, seat in the House. No one prctends that
the member from Clinton, upon an inqui-
: ry, will be entitled to his seat, if the facts
t turn out as claimed.
, But the question is, What isto be donel
The reply at once is. that it must go back
TO the people, and there must be a new
election. But the next vote of these men
after excluding the member from Gin
/ ton, would be to admit Democrat
= minority candidate-and who is said
= 20 now be on the ground with evi
n dence Of his election in his pocket
2 This is a violation of all law, for i
= expressly declares that the person whC
2 has the highest number of votes shal! be
Y elected or chosen; and ifit turns out from
= some cause that he is ineligible, the re
4 suit of the whole is, that there must be
a new election The case of the mem
| Der from Sciotc and Lawrence, who il
. also to be turned out, will present still
!. stronger case ofthe disregard of all law
f if the plan succeeds. He was ineligi
9 bic at the time of his election, being ther
= a Sheriff, but after receiving his certif
3 cate he resigned, and was chosen at {
n special election. When he is disposed
0 of, another minority candidate stands rea
: dy to take his place. Atthis stage of tht
$ case, we perceive that if our opponent
s succeed in carrying out their plans, the!
II will force, by means of their unfair or
j. ganization and the arbitrary decisions o
S its Chairman, four me mbers into thu
Y House, who have not a shadow of CLAIM
g to their seats. But this injustice is still
Q more obvious, when we consider that th'
@ members from Medina and Portage, mel
l. holding seats, hold them to the exclusion
# of Wings who failed to get their certifi
9 Gates, notwithstanding each received
l. majority of votes, on account of SOM
= clerical inaccuracies. These men. on
9 fair contest, may be entitled to their seats
d but what have they to expect from thei
t. adversaries, judging from the past, ifthe
IF are to decide. Thus we see that by ex
If Guiding Spencer and Runyan in the start
and admitting their opponents, it create
the power to force six Democrats int
al the legislature in disre gard of all law
L. and thus give the ascendency to set G
r, men, with whom the thoughts of break
,e ing up the government has long bee
a. familiar. Did this fraud and cunning on
10 y point to power 10 be used for ordinar
Of purposes, there might be some little eS
ii cuse, if for the sake of peace and order
we should stand by and permit it; bu
l. when we know there is something be
of yond all this, and that the Constitutio
st itself is in danger, there can be no e1
le cuse whatever. At the convention {
ct May last, held in this city by our oppc
a. 4 r IL,