Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-18
OHIO LEGISLATURE.
ADJOURNED SESSION.
IN SENATE.
WEDNESDAY, April II, 1861.
AFTERNOON sEssIoN.


WEDNESDAY,, April II, 1861.
AFTERNOON SESSION.
Mr.. FERGUSON'S resolution as per morn
ing report was adopted unanimously. rS ri
The Senate agreed TO House amendments 10
H. B. 429.
Mr.. MOORE, from tho committee on Corpo-
rations other than Municipal, reported
8. b. 30O-Authorizing the construction oil q
lock connecting the Ohio Canal and ScioSo
River.
s. B. 3Ol--supplementary to the corporation
act Of 1852. ''
Mr.. HARRISON, from the Judiciary COM
mittee, recommended the passage of s. B. gil
TO punish Treason, with the amendment Of
fered yesterday by Mr.. Harrison, and Mr.. Fer
guson's amendments. Agreed to.
Mr.. EASON objected to the bill, because he
thought the United States laws sufficient for all
purposes, and proceeded to examine the federal
law upon the subject, and held that by the Con
stitution no State has a right to try case OF
treason against the United States-such Of
fences being entirely within the Jurisdiction of
Congress-. The Supreme Court had so decided
In sundry cases. The pending bill seeks
to change the order Of proceeding prescribed by
federal Law and the courts, the mode Of punish
ment and established practice in the prosecu
ton Of persons who may be icharged with the
crime Of treason against the United States.
1t is sought by this legislation to give
Jurisdiction to the courts oil this State to punish
treason against the United States, which, In bis
judemen', ,isa clear violation Of the provisions Of
the Constitution, and high judicial author
ity. Mr.. Eason was no friend to traitors,
and would by no means obstruct their
punishment to the extent OF the law
He was opposed to torturing or mis-
construingthe Constitution In any way, or bring
ing the State and Federal Courts into collision
He believed the passage Of this bill would do
this. He believed that all civilized countries
infct the death penalty for treason, yet this
bill departs from the usual punishment, and
seeks to punish the crime by imprisonment In
the penitentiary durig life. He was az loss
to know why the State should attempt to take
power TO itself which belongs exclusively to
Congress. He saw no necessity whatever for
the passage Of the bill; IL can do no possible
good, and might do much harm by being used
as another step in the path Of dissolution, and
made pretext to bring the Federal and State
governments into collision. For these and
other reasons he would vote against the bill,
Messrs. GARFIELD and COX both declared
emphatically, that by the express terms OF the
bill 1t was designed to punish treason against
the State Of Ohio, and it declares what shall
constitute treason against Ohio. Various States
had passed precisely similar laws.
Mr.. KEY moved to recommit the bill with
instructions to report the power OF the General
Assembly to pas, such law.
Mr.. GARFIELD said Mr.. EAson had doubt
less been misled by typographical error which
omitted the words "treason against the State Of
Ohio"
Mr.. KEY said be was anxious the bill should
pass, il the Legislature has power to pass 1t, and
he wanted that question examined. No doubt
ful constitutional power should be exercised, but
this being case of emergency, he would with
draw his motion.
After further debate by Measrs. HARRISON
and EASON, the bill passed-yeas 81, nays b.
| YEAS-Messrs, Breck, Brewer, Bonar, Cox
Collins, Cummins, Ferguson, Fisher, Foster
Garfield, Glass, Harsh, Holmes, Jones, Laskey
Mccall, Monroe, Morse, Newman, Parish
Potts, Potwin, Ready, Schleich, Smith, Spragu'
and Stanley-27.
! NAYs-Messrs. Cuppy, Eason, Moore, New
man, Orr, Perrill and Wbite-6.
Absent-Harrison and Key.
Mr.. SPRAGUE, from a select committee, re
ported back H. B. l36, recommending its pas
sage, being bill to erect Muskingum townshi
in Washington county. Engrossed for thir
reading tomorrow.
PUBLIC WORKS.
Q Mr.. JONES presented memorial from job
9 L. Martin, President Of the Board Of Publ
o Works, relative to the management of the Nj
Il ami and Erie Canal, and concerning outstandin
\ checks for repairs of the Public Works. Lai
on the table to be printed.
A motion by Mr.. CUMMINS to take fror
the table the motion to reconsider the Senec
/, County Bank bill was lost. trfy
PUBLIC WORKS BILL.
On motion Of Mr.. GARFIELD, the bill t
lease the Public Works was taken from tn
table.
Mr.. CUMMINS mofed to amend Nj
" Schleich's substitute 70 insert the bid of Med
Q berry & Co., for $2Q,lO0 per annum, by in
t sertiug the bid of/CoAover & Co., at $25,OO
per annum.
Mr.. CUMMINS said this bid had been mad
in perfectly good faith by those who are anxior
to lease the canals.
Mr.. SCHLEICH produced letter from
: stranger, stating that Conoyer 4 CO.. bid was nc
in good faith, but to defest the lease. He wa
al authorized to say, that, this company Offere
to sell out for $4,000, and were refused. The
then offered to take $4,000, and their proffer wt
spurned.
3 Mr.. MCCALL said member Of this com
b pany had assured him that this bid was made
, good faith.
D Substitute and amendment ruled out Of OF
der. 4 et IL.
Amendments ofthe committee of the Who
were agreed to.
! The Senate adjourned, and Senators proceed
! ed to sing the Star Spangled Banner.