Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1850-03-11
From the Cincinnati Enquirer.
RaScaiifY TriunfDhaat.

RaScaiify triumphant.
One Of the most flagitiousiy. outrageous
acts that was ever perpetraied by Legis-
latiye body, occurred in the Ohio Senate,
on Wednesday evening last, when that
body voted Johnson out of his seat and
Broadwell in. 1t was high.handed act,
and palpably in violation OF the Constitl-
tion. The Constitution provides that an
apper,ionment shall be made every four
years. When once made it is unalterable
for four years-nobody has power to
change or modify il between those periods.
If modified or changed it can only be in
some provision clearly unconstitutional
The repeal ofso much of the law passed in
Feb. 1s4s, as provided for division oI
this county, wus repealed by the present
Legislature. If that division was Consti-
tulional this Legislature has no power to
| repeal it. The fact that they did repeal i,
is conclusive to show, that that part of the
law, as it was put on the Statue book, was
unconstitutional. Such being the law and
the fact, how can Broadwell hold seat
under an unconstitutional provision of a
law, and which was repealed because it
was unconstitutional? And not only that,
but he is admitted TO seat, when the pro-
vision of the law, under which he claims
to have been elected, has been swept from
the statute book. When the especial pro-
vision Of tae law, under which ne claims
to have been elected, has been swept from
the statute book, why should Mr.. Broad
well be permitted to hold his seat, when
that provision was considered so repug-
nsns to the Constitution as to be unfit for a
place in law? As long as the provision
remained unrepealed, Mr.. Broadwsll could
NOT get seat on the floor of the Senate;
after.the repeal Of said provision he is per-
mitied TO take his seat.
hose who voted for the repeal of that
part of the apporlionment law, dividing
Hamilton county, and subsequently voted
10 excluoe Johnson and admit Broadwell,
are men who must value very lightly their
onths of office. If they thought that part
Of ibe aPportionment law constitutional,
they violated the Constitution in voting for
lis repeal; a fact which they could not but
know. Why, what jurors would believe
such men under oath, as witnesses before
them?
But let US look at some Of tho other acts
of the Senate. That body, by vote of Is
10 "A, declared 'ihat the seat temporarily
held by VIM F. Johnson, be, and the same
as declared uacant.' That was solemnly
resolved, and Mr.. Johnson left The Senate.
His seat was then vacant one, which no.
body but the people had right to fll.-
Yet the Senate proceeded further, and re-
solved that aMr. Lewis Broadwell be forth.
with admitted TO seat in this Senate, as
the Senator from the first district in Hamil.
ton county," The Constitution says that
in all cases Of vacancy in either branch of
the Legislature, the Governor shall issue
writs to fill such vacancies. The Senate
in this instance has saved the Governor
the exercise Of that constitutional require.
ment, and also deprived the people Of Ham,
ilton county of their right TO fill the seat
in the Senate held by Mr.. Johnson, and
declared vacant by that body.
Mr. johnson did not vote on the resolu.
ton declaring his seat vacant, yet we find
The Speaker of the Senate voting in his
own case Immediately afterwards, and Blake
6ugh! readinga rule in Justification OF
the Speaker, that requires every Senator
present to vote. Why did not that rule
apply to Johnson us well as to Speaker
Olds? We cannot hold Mr. johnson blame
less in no! voting on that branch ofthe res
olution declaring his seat vacant. He was
the representative ofthe electors Of Ham.
ilton county, acting for them, and not for
himself And the Wings soon showed, as
they had previously done, that they had
no such scruples as those that prevented
Mr.. johnson from voting.
We consider Mr.. Broadwell as usurp.
er of the rights of others, in pretending tc
represent any portion Of the people o
Hamilton county in the State Senate. He
sits there by virtue of a base fraud; ano
we hope to see the day, that he will be
summarily turned out Of the seat he occu-
pies by gross wrong.