Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1848-12-27
which does or could closAe him with any

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which does or could clothe him with any
authority or power in your organization.
It is true that the Clerk of former session
Of the Legislature, being frequently can
didats for reeiection. and therefore present,
has, in some instances, been permitted, un-
der the authority OF the temporary Chair
man to o!ficiate, and when he has done so,
it has been only as a scribe, and under the
suffrance of the members, but it was never
before pretended that he had any right to
dictate or control. That a mere Ex-Clerk
Ia person whose term Of Office expired with
the last General Assembly should appear
in this body. and decide on the validity of
credentials, or dictate, or otherwise inhu-
enee, the course of action to be taken on the
subject of the contested seats of members,
would be proceeding too preposterous to
be entertained.
The incipient steps taken by this body to
organize the House Of Representatives have
been on the only legal and correct basis on
which the House ever has been, or ever can
Be organized. Each person presenting a
certificate of his election executed by the
proper authority, and duly su heat c led is
entitled to seat, in the temporary organlza-
ton. The law requires the returns OF the
election to be made TO the Clerk of the
Court Of Conmorf Pleas of the Couaty, and
he is required to open the poll books and
make out abstracts ef the votes. To him
tse law entrusts the returns and the written
evidence which show the result of the elec-
tion. And it requires him to make out for
each Of the Senators and Representatives.
having the highest naasaber- ct votes given,
certificate OF his election and to deliver the
same to the person entitled thereto. This
certificate Of election is intended by the law
to entitle the member to seat in the tempo
rary organization of the Legislature. Such
is liz sole and only object. Upon it he as
sumes and holds his seat as member OF
the House, and contest for a seat cannot
be Instituted lfatil the House has been or
ganized, before which the question must be
brought for determination.
In the organization of this House, so far
as it has advanced, the counties were taken
in the order in which they stand in the ap-
portionment system, under which the men,
bers WIRE elected-the first county being
HamiltSn. That system gives to sHanail-
ten county twJ Senators and fre Repre-
ssntatires."
1t gives to aHam;lton county" emphati
cally a representation Of stwo Senators and
five Representatives. All that is required,
therefore, in the Clerks certificate is the
fact that the member is Senatoro or. a Rep
resentaiive from that @county. There is
no law which requires the Clerk. to certify
that the person ahaving the highest num-
Der Of votes" was elected in any particular
mode. All that the Clerk can do is, to GER
tify that the person having the "highest
number OF votes,' according to the returns,
is duly elected. This fills the requisites OF
the law. The certificates presented from
@Hamilton county. are in accordance with
the law OF the State, and it was with great
propriety that the Clerk set forth no more in
his certificates thaa simply filled the require
meats of the law.
At the commencement Of the organiza-
ton of this body, when the 3county of Ham
ilton'' was called, '.fvs Representatives
presented certificates of their election, from
the proper Office, duly authenticated and in
the usual and legal form. They were then
duly qualified and took their seats. Could
tbs body ahaye refused their acceptance!
Where was the right in any other Repre-
sentative, having no better evidence OF his
title to seat than these give Representa-
tives" exhibited, 10 raise an objection, be-
fore Reorganization of the body, and be-
fore contest of their seats could be in
stituted! Notwithstanding the accus1ula-
ted experience of forty six years, in admit
ting to seats in the House, all persons hav-
ing legal certificates, thirty members refus-
sl to aid in the organization OF the House,
because that uniform and uavarying prac-
tice was not dayiated from on the present
occasion. This seems to be the chief and
almost oaIy objection alledged by the recu-
saats, TO participating in the further and
perfect organization of the House.
In conclusion, the committee would re-
mark. that the House cannot, without
sacrifice of its privileges and dignity, with
out detracting them its self-respect as Rep
resentatiyes Of free and intelligent constit-
ueacy-wi,hout disresarding the approved
example and acknowledged practice of all
their predecessors, yield to the extraordinary
demands of the minority Of this House. All
which is respectfully submitted.
]. G. BRESLIN.
ALEXANDER LONG,
LUTHER MONFORT,
S. R. MOTT,
JAMES Nj. BURT.
Arrival Of thA Niagara