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

members were all to be adjudged and
determined.
The advantages which our opponents
promised themselves from this step, will
appear hereafter. The very first thing
they did, after entering the House, was
to violate a we'll established law or usage,
and one that never should be violated,
because its strict observance is necessary
to preserve the rights and independence
Of Legislative bodies. They proceed to
organize when there was less than forty
members present. or at least when there
was less than quorum. But this is not
all. The organization thus got up, as
will he seen hereafter, constituted them
selves a tribunal to decide upon the
rights of those who came afterwards,
without giving them voice in the mat
ter, thus estabishingthe principle, in this
case, that the first five members sworn, or
even less number than this, mi ght or
ganize and sit in judgment on the sixty
seven other members. Five members,
in this way, by fraud, or by going into
the State House at an unusual time,
might say who should and who should
not be members ofthe General Assembly
About ten o'clock, and at the ringing of
the bell, the Wings entered the State
House. The first thing which occurred
after we entered, was such flagrant
outrage upon the rights of representa-
hnf tr tloe
nothing can be found equal to it in the
legislative history of this or any other
State. We entered, the person assuming
to act as chairman, commenced calling
the absent districts, but got through the
list without calling the members from
Hamilton county, when Mr.. Spencer, a
member from the first district, stated that
that county had not been called, and re-
quested that it should be done. The re-
ply was, that the members from Hamilton
had been called-that the dele cation was
then full, and that they would not be
called again. Mr.. Spencer then propos-
ed to offer his credentials, which he said
entitled him to a seat on this floor, but
this was refused. The House is the
Judge ofthe qualifications ofits own men,
bers, and when person placed clandes-
timely in the chair, undertakes in the first
instance to say who shall and who shall
not be admitted, he assumes power that
does not belong to him. If he can ex.
ercise that right, he can exclude all who
differed with him in opinion, and only ad-
nit such as belonged to his own party
1t is known to you all that by the appor.
tonment law of last winter, Hamilton
county was divided into two election dis.
tric.s, distinguished as the first and sec,
ond, and are as distinct for representa-.
tive purposes as any two districts in the
State.
At the last annual election, Messrs
Spencer and Runyan had the highest
number Ofvotes in the first district, were
duly elected for the same, and were jus
as much entitled to their seats as any mem
ber who had received the highest mum
ber of votes within his district. Messrs
Pugh and Pierce were also candidates il
the first district, but treating the appor
tionment law of last winter as unconsti
! tutional, they were voted for not only il
, the first but second district, and having
received less votes than Spencer and Run
, yan ia the first district, but more, taking
the two together, it is claimed that the,
are conslitutonally elected This posi-
ton treats the apportionment law now il
force as nullity, and if it is a true one
then no man elected under it is entitled
= to his seat, and the people ofthe State
are at this time without Legislature
But it is claimed that the certificates o
! Messrs. Pugh and Pierce prima faci'
| entitle them to their seats, and that hav
J ing first offered they had right to b,
sworn in, and that after the delegation
was full no others should be permitted t,
qualify, otherwise there might be great
Y er number of Representatives than wa
3 authorized by law. This position ha
q not even the merit of pausibility. Whe
> the clerk improperly issues two cerif
3 Gates for the same seat, he who offers hi
3 first can claim no advantage, for he ma
obtain it improperly, and in such a cas-
D the only way is to set both aside until tn
= facts can be inquired into. But the cas-
t before US does no: present the case of du
n plicate certificates, showing two sets G
3 claimants for the same seat, for while tn
: certificates of MessrS. Spencer and Run
y. yam show on their face that they are elec
d ted for die first district, it is impossibl
: to tell from those of Messrs. Pugh an
d Pierce who they claim to represen
o That you may Judge of the character {
d these cert ficates the following is copy {
j. one of them: The STATE OF ONO,
g Hamilton county, IS.
IS 1t is hereby certified that at the gener,
1t election held within and for the said coul
IS ty and State, on the tenth day ofOctobe
'f 1S4S, for State and county officers. Georg
c E. Pugh had 6462 votes for Represents
1t tive for the said county of Hamilton,
k the General Assembly of the State {
n Ohio; and that the said George E. Pug
g was duly and constituionally elected
9 Representative for the county of Hami
al ton aforesaid to the General Assembly
e the State of Ohio, he having the highe
6 number ofvotes givcn for that Office at tn
1t said election, as appears by the abstra
II oftho votes on file in my office, and ,
10 appears by the poll books of said electic
g. duly returned and opened at the offic
v ofthe Clerk of Com. Pleas of said count
10 In testimony whereof, | have hereun