The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-29

The National Integencer of Thursday publishes, in
reply to our article OF Sunday morning last commune
cation addressed to the Ohio State Journal and signed by
"Chares Hammond" which seems to require some re-
marks from US, though what have already published
upon the subject may have sufficiently laid before our
readers the truth of the case Mr.. Hammonds whole
argument rests upon the fundamental assumption that
the case in its priaa aeie aspect as presented to The
House in the process Of oreanizafion, is case OF eo-
fettng credentials" In this assumption we suppose him
TO be clearly in the wrong We hold that the democratic
claimants Messrs Pugh and Pierce, present the only
documents which are known the election laws OF Ohio
as pria faee credentials of eecon and that their
stants AIessrs Spencer and Runyan, do not present
such praa fcie credentials and that therefore there is
strictly and legally speaking, conflict OF credentials
IN the case If Messs Spencer and Runyan shall, by
decision of the House. hereafter obtain the which
they claim it will be, as think, by invalidating and
setting aside the only papers purPortng to be formal
credentials which appear in the case.
Let MIR Hammond state his positions in his words:
1.-Two sets OF claimants then in the process of o-ganiza-
zion Of the House Of Representatives, present themselves
simultaneously, the call of Hamilton county the first
district of each claiming upon credentials exhibited by
respectively the prirua face right TO The
IPugh ard Perce) present certificate Of the clerk OF
the court OF pleas, importing that they have been
constuionay elected representatives from Hamilton
IT, The other Spencer and RuSan) present copy OF
absrs Of rofss, certified by the clerk, and signed by
himself and two justices OF the peace the general cleo
ION law requires, shooting that they daily elected repre-
sentafIrcs from the Gra district Of Hamilton county.
Now the presented by this of facts believe,
entirely unprecedented in the history of this State
Of comforting eresentiaL"
Now the general election contains five provisions
connected with this subject, Wis
~. l.. a., H. IL H.
with Justices Of the peace shall open the returns and
al Ike abstracts OF the
50 That the abstracts shall be certified and signed by the
clerk Justices, and deposited in the clerks office and
copy thereof, certified aogysaid, shall be Immediately
forwarded TO the Secretary OF State.
IS That the clerk and justices shall dcare the persons
having the highest number Of for repre-
sentatves 20 be dug elected.
~ That the clerk shall give certificate Of election
the prsox entidsd TO it on demand,
rs That if any person choices the validity of
election, the right of any person
ELEcrEp such person shall give notice thereof in
writing the person whose election he ntends ccniest
Elhin t,csnfg days after the election, &c"
II will be observed that OF the fire provisions OF the
election law hsse enumerated by Mr.. Hammond, the
first three all refer exclusively the certified abstract Of
ro.ss, and prescribe what is necessary to make i,
regular and duly executed document sufficient in law
10 answer the purposes for which it is intended In the
" brteS heu ny IleSstc. CFenccf
admitted that the first and second of these provisions
complied WITH and that far the paper regular
But is also admitted that the third provision {. not
complied with IN the abstract Of rots which these gen.
tenen hold In that paper, 'the clerk and Justices do
not declare that the holders OF it (Messrs Spencer and
Ruyan duly elected 1t contains no such duly exc
ated declaration. On the contrary coAtans in place
Of such due and legal declaration another declaration
made by incompetent authority, wiz the two Justices
and wanting the signature OF the cerk to make it legal
Mr. Hammond is, therefore, clearly in when he
says that "Messrs Spencer and Runyan present an ab.
sract Of roes SHOWING that they duly elected repre-
senatives. The due and legal showing of the document
is made by the law 10 consist Of declaration on its face by
"ihe clerk and Justices OF the fact that these gentlemen
duly elected No such declaration appears Strictly
speaking therefore, the abstract of uoes regarded in its
legal character st0uing declaration of the result
OF the election is Uoid for rregularity 1t does not pur
port its lace to conform to the requirements of the
law
But the real and gravest OF Mr. Hammond is in
regarding the abstract of rot however legally and su
GENTLY executed, constituting prina facie creential
Of election a The law does not so regard it, or pro-
vide that it shall be made for any such purpose In
proof OF this, it is enough say that the law does net
provide for its delivery the person elected On the
contrary by law the original is TO be deposited in the
clerks Office, and the certified copy is TO be sent to
the Secretary of State If the person voted for, or
anybody else, except the Secretary of the State
gets copy OF it, certified or uncertihed he gets il
oy no agency or direction Of the law How can it
be Claimed, then, with any s9mblance of plausibiy
thai this abstract OF votes which has come into the pos
session OF Messsrs Spencer and Runyan By process
Wholly unknown 10 the law, is intended by the lar TO be
Their Prma face eredenai of election and to be as such
presented by them before they are sworn in II the law
regarded the abstract Of rotsS such credental of mem
oers election, 10 be such by him presented is con-
eeVaoe that the law would fail to direct that he should
have copy of it 1t gives no such direction but very
different direction. The member elected has by the law
no more to DO with the abstract Of votes as creiena
han he has to do with the original returns OF the votes
from which such abstract is ma lie Both the original
return AMI the abstract lie behind the legal credentials OF
Membership, and may be aiduced az evidence by the
Claimant when he to contest before the House or
Is Committee OF Elections, seat against the holders of
he legal prlma facie cresntiH OF membership But a.
such cedenal neither the abstract of votes nor the %
nal return Of votes is known all Messrs Spencer and
Rnnyan, therefore present paper and hold no paper
winch pwPoTs to be prima faeie crsdent,al of mcyu
5srsifp
The fourth of the legal provisions above enumerated
Oy 1lr hammond creates the only legal prua faei, Gre