The freeman. (Fremont [Ohio]) 1849-1850, 1849-12-22
The Senate Contro1ersH.

The Senate Controversy.
We have watched with no little interest, says
the Toledo Blade, the progress of this controversy,
daily expecting that the Locofocos, finding the
Wings immovable, would no longer occupy the
position of disorganizcrs. This seemed probable
when we heard that Senator Myers, had reeeded
from his position, to cut off all appeals from his
decision, to the house. We thought that the Loco
focos were getting ashamed of themselves, and that
this recession was gradual and adroit surrender
In this expectation we shall be Disappointed
Present indications are, that the Legislature will
cdjourn without organization. In anticipation Of
this event, the leading organs of the Locofoco
party, have begun to charge this result to the
Wings.
1t is well that all should have a correct under
standing of the causes of the present controversy
that they may know whom to blame hereafer-
The following is our understanding of the facts:
Mr.. Myers acts as Chairman, and Mr.. Knapp
the Clerk of the Senate last year as Clerk Mr.
Whitman claimed that none but old Senators could
participate in the organization. Their names were
called, and after them, the Clerk commenced with
calling the Districts, represented by newly elected
Senators At the call for Hamilton district, Mr.
Broadwell presented his abstract of votes, showing
the number of votes that he had received in the
first district of Hamilton county. Mr.. Johnson
then presented an abstract of votes like that
presented by Mr.. Broadwell except it did not
show that he elected from any district known
to the present law of the state. Mr.. BroadwelPs
abstract, showed that he was elected by major
ity Of 1000. Mr.. johnson, in addition to his alb
stract presented certificate of the Clerk, to the
effect that he was elected Senator for Hamilton CO.
The Senate is divided upon the testimony presen-
ted to support the respective right of these gentle
men.
Which is in the right, the Wings Or Locofocos.
Let US examine.
The lst section af the Appointment Law reads
as follows:
"To the County of Hamilton two Senators and
FIVE Representatives to be elected as foLEocs: So
much of said county of Hamilton as is comprised
within the limits as constituted of the first,
second third fourth, fifth SIXTH seventh and eighth
wards of the city of Cincinnati shall compose the 1st
district, and shall be entitled to one Senator and
two Representatives, &c"
"The poll books of votes given for Senator and
and Representative in the first district of Hamilton
county shall be returned to the clerk of the court of
Common pleas of said county and be opened, coun-
ted and certified as one district, in the same man.
ner that the poll books of an entire county are now
by law required to be opened, counted and certi-
fed for members of the General Assembly,
The same section also provides that
"In the discharge of the duties aforesaid, all Off
GERS shall be under the penalties by law provided
in other cases Of returning, opening and counting
and certifying the votes for Senators and Represen
tatives of the General Assembly,
Under this law, Hamilton county is divided into
two Senatorial districts. Inhabitants living with
out the wards of Cincinnati apportioned into one
district have more right to vote for candidate
within them, than the inhabitants of one COMPRESSION
al district have to vote in any other congressional
district The law is imperative.
Mr.. Broadwell is elected by one of these districts
This is not disputed. His abstract shows that and
thereupon he is content to rest his claims.
Mr.. Johnson produces no evidence that he is
elected by either of these districts, or by any dis
trct known to the law of the state. He has been
voted for in two districts, and claims upon his alb
stract of votes, and very singular certificate of
the Clerk of Hamilton county, right to his seatas
Senator. from the District which has elected Mr.
Broadwell This is the whole matter in nut she'll
The Senate is equally divided in opinion upon
these questions and consequently cannot effect an
organization
We ask all candid men, which party is to blame
for this delay? The one that supports the claims
of Broadwell-or the one that supports those of
Johnson To our mind the case is clear There
is the apportionment law-as much a law of the
State as any law upon the Statute Book. 1t must
be sustained or violated, by the decision of this
question. If violated,by the admission of Johnson
then there is an end to all law. The Senate may
as we'll break one law as another-the Constitution
loses its force, as the laws of the state
defed No one pretends that johnson take
his seat without violating the law No one denies
the binding force of that law, until it is decided