Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-08-07


twill be IseoIlected that the Democrats in
heLegisiature started out fercely against hold
ing an adjourned session of TIE General Assem-
bly,, and not only decided against it in caucus
but blazoned the fact as Tedouniing to their
credit Time wore on, and the opposition 10
second term at four dollars day wore off Ike
wise, and unfortunately for the interests Of the
people, Republican members enough were
troubled with the same weakness 10 carry the
adjournment without strict party vote Some
supposed at the time that the United States
Senatorship was one potent cause Of the Dem-
ocratic change. Recent developments show
that the suspicion was well founded, and that
scheme to elect successor 10 Senator Pugh by
the present Legislature was anI is seriously
entertained by the Democratic leaders.
The eans,itutionality, legality, practicability
and policy of tho measure it now appears have
all along been under consideration among lead
ing members Of the General Assembly, and has
now eliminated in a correspondence with Sen
atlr Pugh on the subject. which has been made
public through the Cincinnati Enquirer.-
Messrs. Bayley, Collins and Safins Of Hamil-
ton, Hughes OF Highland, Wilson OF Marion,
Cowan OF Ashland, Jcnner of Richlanj, Mar
shall of Allen, Edison Of Van Vert, and Hughes
of Butler, members of the Legislature, under
date of Columbus, July 29th, 1858, addressed
a letter 20 Senator Pugh inquiring his opinion
ofthe matter 1t is briefly this;
Viii You, al your earliest convenience, give
the undersigned. members of the present Ohio
Legislature, your opinion as 10 the constitu
tionaIity and legality If said Legislature elect
ing United States Senator, whose term shall
commence at the expiration of your presenp
one
Under dale OF Cincinnati, August 4th. Sena-
tor Pugh replied in a column letter, giving as
his opinion that the present Legislature ''cannOt
make any valid election Of SENATOR in Coo
qress. except to fill some vacancy, occasiOnel
by death. resignation, or expulsion" The let
ter gives good reasons for the opinion ex-
pressed, and Mr. Pagh closes by saying q the
consequences must take care of themselves
Now all this is very well, and would be the
more creditabe to the Senator, was it not well
understood that the present Democratic Legis-
laturs would under no circumstances re-elect
Mr. P, and that the chances of his political for
tune are increased by turning g from Demo
cratic Legislature to all the uncertainties of an
other election by the people" The opinion is
sound nevertheless, but it will have little infu-
enee on the unscruPulOus paTtizans who have
proved their respect for constitutional and legal
enactments, by grasping at such petty spOils as
the Penitentiary and State House in defiance Of
both. a Senatorship Tor six years will not slip
through their fingers, no matter what eonstitu-
tional, legal and precedent barriers to the
tempting prize have to be Oyerleaped. Mark
the prediction.
Senator Pugh comes 10 the conclusion that
the present General Assembly cannot confer on
itself, by law, right of choosing his successor,
and SAYS:
This opinion accoTds justly, with the estab-
lished usage in our State, and, as far as | have
have able to learn, in all the States. An at
tempt was made in California, four years ago,
To introduce a different system, hut the attempt
did not succeed ! never heard Of any other.
Fudge on established usage when it stands
in the way Of Democratic policy and practice.
Did not Senator PGgh vote to admit two Indi-
ana Senators elected in defiance OF all E" estab-
lished usage" and in violation of even the
forms as well as the express provisions of law
The Democratic majority in the U. 5 Senate so
voted, and the Indiana Senators hold their seats
by virtue of trickery and usGTpatiOn such as
would be paraIleled By the eonsummation of
the outrage determined TO be attempted at the
adjourned session CT the Ohio General Assem-
bly,