The freeman. (Fremont [Ohio]) 1849-1850, 1849-12-22
read from the Journal Of congress, Of 1910, com
mcRcing on page 4;

stltutiOn Tor the meeting OF the congress, at z
o'clock, meridian Hugh A. Garland, clerk to the
late House Of representatives,, called the House to
order, and suggested that if not objected to, he
would proceed to call over list of members of the
28th congress- for the purpose Of ascertaining who
! were present. and whether quorum was in at
tendance
! No objection being made the clerk commenc-
ed the call of the roll by states beginning with the
state Of Maine; and having called far tha state
of New Jersey, and having called the name of Jos.
F. Randof from that state he rose and stated that
five seats from New Jersey were contested. That
it was not for him to undertake to decide who
are entitled to them and that if it was the pleas
ure of the House. he wonld pass by the further
call from New Jersey. and complete the call of the
roll, when he would submit the documents and ev-
idence in his possession to the House, who alone
were capable of deciding upon them, This course
was objected to by MIR. William Cost johnson Of
| Maryland"
| The credentials OF Dckerson, and other contest
ants, were called for and read. ,.s-
The case being then before congress, the ,certf-
icated members not allowed to take ther seats
until the right was determined Both sets of mem
bers allowed to vote adjournment, but not
on questions touching their own seats.
Congress provided, before the permanent organ
z,tiun took place. to dispose of the disputed seats
The resolution offered by myself, contemplates
doing what congress did in the New Jersey case,
1t is idle to say that the proposition is not sustain
ed by authority. All approved precidents 60 to
show it is the duty Of this senate to purge the
House before the permanent organization
This case although the decision of democratic
congress, is much more than a setof to the many
tales related in this chamber by senators on the
other side about whig caucuses and whig opinions
on the subject of the division of county for sena
tols, many of which tales are mistatqd, and much
of their substance entirely untrue. But the New
Jersey case will command the attention of demo-
Gratis presume, rs / know it did Of wings, since
of the most learned leading wings in the state
sustained the position taken by congress in that
case And as IN endorsement by the wings of Ohio
may state the fact that Charles Nammoa1, Il
whig lawyer of eminence, sustained the principle
of lhe New Jersey case, and conceded with the dem
ocrats who decided it For the truth of that fact,
appeal to the colemns of the Cincinnati Gazette
Though there are some slight differences be-
tween the New Jersey case and the one before
this senate vet those differences tend only to weak
en- Mr. Johnson's pretentions in my humble iudg-
ment. The certificate of Gov. Pennington in
form and substance an exact compliance with the
law Of New Jersey. The vice was concealed be-
hind both the abstracts and the certificate in that
case, but in Mr.. Johnson's the vice appears on
the record, evidence adduced with the certificate,
as we'll as in the form of it. being an entire depar
tue from the apportionment law.
The New Jersey members had much stronger
case than that presented by Mr. Johnson and yet
were not allowed to take their seats prinea tacie
The senators from Cuyahoga and Fairfield urg
ed the proposition that the certificate of election
was conclusive of the prima faeie right l have
shown that the old anti9uated tory rule upon
which they rely, has been denounced everywhere,
and utterly repndiated. AS soon as evidence ex-
hibts the fraud by which the right to seat is vi
tiated the purity Of representation demands she
lection of the claim TO this point all the reliable
authorities 90 Such was the decision in the cas-
cs to which l have referred. But the senator
from Cuyahosa argues that this is not the time 10
urge the objection. He says let Mr. johnson have
his seat, and upon the final hearing the claim of
Mr. Broadwell will be decided. That would be all
very we'll if we did not know to what end it is in
tended to lead by the unIustifble of gentle
men on the other side of this chamber.
Mr.. johnson says he will, if alive, vote in his own
case. What will justice have to expect such con-
duct? Nothing. The senator from Cuyahoga was
anxious, as it seemed to me to impress on the minds
of those he addressed, that Clerk Roll had compli-
ed with the law substantially, and he elaborated
the law, directing certificates to be issued by the
clerks of the several courts of common pleas He
might have derived some pleasure from the hope
of success, if the gentleman from Hamilton county,
(Mr Johnson,) had not have made direct thrust
at the law.
Mr.. johnson did uot appreciate the special plead
ing of the senator from Cuyahoga, but boldly and
without subterfuge proposed, in his speech to
march over the broken bones of the law into his
seat | shall Mr.. chairman, let the senator from
Cuyahoga and the gentleman from Hamilton
ty reconcile their conduct with propriety, If they
can. / am almost induced to enquire whether it
was agreed in locofoco caucus, that one Of these
gentlemen should play fast while the other played
loose in this business. l would be glad to hear
from the senator that point. If it is the deter
mnation of senators on the other side of this cham
Der to crush the bruised body of the constitution
BY such double dealing, why not ayow some po-
sition upon which they can appear TO agree
Mr.. Payne intimated that he conceded in opin-
ion with Mr. Johnson
Now, said Mr.. Beaver, has not the left sergeant,
as have been called, been successful in drilling
into line these gentlemen who for purposes per-
haps concerted, have assumed the strange positions
indicated by their speeches? 1t is clear to
the country however, that the other side of the
chamber are agreed upon the true issue. This
side of the chamber supports the law, the other
side dsregards it, and intends to nullify it.
Mr.. Whitman. If any senator on that side of
the chamber dare attempt to answer the argument
Of the senator from Cuyahoga, will be glad to
hear him.