The freeman. (Fremont [Ohio]) 1849-1850, 1849-12-22
Remarks Of Mr. Beaver,

WHEREAS, VIM. +. johnson. Esquire, cIainlingA
seat in this Senate from Hamilton county, has been
heard by the Senate, in its JUDICIAL CAPACITY xs
A COURT, upon the merits of his claim AND WHERE
AS the public interest imperatiyely demand that
the difficulties now obstructing the organization of
the Senate should be removed at the earliest prac-
tcabe moment, therefore.
RESOLVED That Immediately after Lewis Broad
WE'LL Esquire, claiming seat in this Senate as SEN
ator from the first district of Hamilton county shall
be heard by the Senate upon his claim, the Sem
ate will forthwith proceed, (neither the said john
son or Broadwell voting) to vote upon the follow
ing propositions
Fgrst-That VIM F. johnson is entitled to q
seat in this Senate.
| Secoud-That Lewis Broadwell is entitled toa
seat in this Senate; and the vote so given shall be
final in the premises.
! Mr. CHAIRMAN:-The resolutions which have
had the honor to send to the Chair. and which have
been read to the senate, contemplate the speedy
and constitutional organization of this body.
l remarked on yesterday, eausually, that if the
organization had been attempted in the usual way,
doubtless, Mr.. johnson would now be in his seat
on the prima facie evidence of his certificate. Not
by my vote, however, as may be seen from my re-
port as Chairman of the Committee on Privileges
land elections l there distinctly repudate for my
self, the practice Of permitting gentlemen, claiming
seats under manufactured, surreptitious, or false
certificates to take seats under such circumstances
But did believe, when made that remark, that
some gentlemen on this side Of the Chamber would
have held the certificate OF Mr.. johnson TO be pre-
ma facie evidence of election. 1may have been
mistaken. The extraordinary manner in which1t
was attemed to proceed to the final organization,
however, may be, and in my Judgment is,the cause
why that event has been delayed, since the man.
ner of the proceeding has, undoubtedly, merged the
lprinao facie claim into one on its merits.
NJ. johnson is entitled now to his seat asa Sena,
tor, or he is not The prinea fucte case is out pf
the question. The correct principles on which just
representation is founded, has been applied in de-
ciding the recent this subject in American
Legislation and on their authority rely to make
that point good. Some cases, to which shall re-
fer during the discussion, have been decided upon
Wing authority, and some by Democratic authors
ty. the cases themselves are based upon the pure
basis of reason, and consequently upon undoubted
! law.
The plans Of organization announced from the
other side of this chamber denied to the majority
of the Senators elected the right to participate in
: the organization. Against the tyranny implied in
the manner proposed, l steadily and all occas-
ions voted. I voted against your Honor taking
that chair, because you had but nine voices includ
ing your own, to sustain your pretentons. could
not object to you as gentleman and Senator, for
grant your claim was as good as that of any oth-
. er individual. But objected because the Senate
was attempted to be called to order by less than
majority expressly excluding the rest of the Sen
ators from participation, and because there were
but one third of Constitutional quorum who were
willing that you should occupy that seat as chair
Il man.
g Here Mr.. B. was called to order, there being
a no question before the Senate.
Mr. Wilson Senator from Seneca, then rose and
/ offered resolution that the Senate now proceed to
the election of ia Speaker, Clerk and Sergcant-at-
:, arms
= = Mr.. B. was about to resume his remarks, when
q Mr.. Whitman asked him to take his seat.
! Mr.. B. said he did not recognize the right of the
n Senator from Fairfield to order him to his seat
q Let the Chairman said Mi. B., take that order up
n ON himself and he would show his order abiding
principles by complying with the order of the Chair.
- The Chair said Mr. B. was out of order, as the res
= olutions offered by him were said to be out of
a der.
q Nj. Whitman said, the Senator from Trumbull
g will now take his seat
- Mr. Beaver resumed his remarks, saying, the
- Chairman being friend to free speech, and un-
n willing to gag. had not made this order suggested
i by the senator from Fairfield.
. The Chair The question is on the resolution
\ offered by the Senator from Seneca -
The resolutions offered by me this morning. said
r. Mr. Beaver win find their way to the country and
If am content to ABIDE the pubic judgment Wnlcn
= will be placed upon them. Buthere il will be my
effort to show that my resolutions do look TO the
speedy and proper organization of the Senate.
ID When interrupted, was about TO proceed to
IN show to the Senate the ground upon which aver
e red the prima facie evidence of right claimed by
n Mr.. johnson was merged into case upon its mer-
it's Mr. Johnson's competitor, (Mr Broadwell,)
IL presented to the Chair the record of the election
d in Hamilton county, which read by the Clerk.
70 Mr. johnson then presented the legal evidence Of
id the same record, which not read since it was
f. stated by Mr. johnson to be identical with the
g ord or abstract presented by Mr.. Broadwe; thus
le the whole question was before The Senate.
e Now, Mr. Chairman, if we were determined to
IT. shut our eyes to the truth, then could not
in help but see and know, after reading the record
lie that the certificate presented by Mr. johnson az
lie untrde. 1t was conclusvely contradieted by Mr.
le Johnsons own showing And if Mr.. johnson had
presented his record and certificate together the
S result, in truth, would have been the same.
lie Mr. johnson Will the senator allow me to ask
4 him question. Is not the Constitution law?
r Mr. Beaver resumed. I acknowledge the Con-
J. stitution to be the supreme law and plant myself
and the opposition shall make to the gentlemans
taking his seat here expressly apon that supreme
II law
Y n H..