Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-12

Court, would regret the votes they had
given with the majority. Many persons
had voted at the late State election against
the amendment to the State Constitution,
who were opposed to any distinction In the
right of suffrage on account OF color. He
was obliged to gentlemen tor the distinct
ness with which they had placed them
selves upon the record to-day on this ques-
tion of the right of suffrage.
Mr.. CONANT resumed his argument In
favor of leaving the seat of Senator from
the Eighth district vacant. Mr.. G. insisted
that the Senate was as much bound by the
decisions of the Supreme Court as by the
statutes of the State. He held that the
Constitution of the State was binding upon
the Senate, and that it should of right be
construed by the Senate as the Supreme
Court had construed it. He went on to
depict the consequences of a cOntrariety OF
construction of constitutional law by the
Senate and the Supreme Court of the
State.
Mr.. STAMBAUGH would support the
Constitution, as he understood it, while he
was free, and was not manacled and COM
PEELED to do otherwise.
Mr.. KEIFER referred to the early his
tory of the country, and cited cases in
States and Territories where black men
had enjoyed the right of suffrage. He was
in favor of giving to every man all the
rights he was capable of exercising. Those
men whom we call upon to pay taxes,
make amenable to our laws, and require to
take up arms in defense of our country, he
was willing, should enjoy all the civil
rights he himself enjoyed. Mr.. X. referred
to the recent emancipation of slaves in this
country, and pronounced eulogium upon
that event. He inveighed against making
any distinction in civil rights on account
,.~lN IL. Il
question of the Senator from the Eighth
district to the people of that district.
Mr.. GOLDEN said the verdict of the
people had already been rendered, and the
handwriting was on the wall. Moth
ing could be said there about the darkey,
but Senators on this floor were ready to
prognosticate all manner of evil to those
who were not ready to take him to their
bosoms. The only reason they had for il
was that they could use him for political
purposes. If they could not so use him,
they would persecute him as much as they
now f1atter and fawn upon him. The real
question before the Senate was who was
entitled to the seat as Senator from the
Eighth district. That had been decided
when it was settled that Mr.. Jones was not
entitled. The Senate was an Independent
body, and had right to decide questions
irrespective of the decisions of the Su.
preIne Court.
II the testimony legally adduced in the
case was taken into consideration, it show
ed that Mr.. Onderdonk was entitled to the
seat. The returns in the Secretary Of
States office showed that Mr.. Jones had 6
majority of only ten votes; the testimony
showed that forty or more illegal votes
were cast for him. He, therefore, failed o.
receiving majority of the legal votes.
Mr.. DANGLERs stated that the testimony
taken as whole showed that Mr.. Jones
was elected by majority OF legal votes
deducting the illegal votes cast for him, and
those cast for Mr.. Onderdonk, from the
total vote returned as received by each.
Mr.. EVERETT thought it small mat
ter whether Mr.. Jones or Mr.. OnderdonE
had seat in the Senate, in comparison
with the principle involved. He could not
conceive, in view of the decisions of the
Supreme Court, and OF the intention of the
trainers of our State Constitution, how
Senators could reconcile to their con-
sciences the votes they had given, denying
Mr.. Jones seat in that body. He was moi
angry at this decision, for he was too sac
to be angry. He had seen some progress
made of late years, but he had been COM
PEELED to witness to-day course that tend.
ed to interrupt the progress of civilization
and Christianity. There was a court tC
which we were all responsible, from which
there was no appeal; no plea tor want o.
jurisdiction and no reversal of judgment
Mr.. e. closed with severe reprimand tC
the majority for the course they had taker
to-day.
Mr.. GRISWoLD moved an adjournment
which was decided in the negative by the
following vote:
YEAs-Messrs. Burrows. Conant, Dang
Ter, Everett, Griswold, Hall, keifer, Kess.
Ter, Kramer. Potts, Simmons, Woodworth
Yeoman-13.
NAYs-Messrs. Berry, Biggs, Campbell
Carter, Corey, Dickey, Dowdney, Emmitt,
Evans, Godfrey, Golden, Hutcheson, Jami-
Stambaugh, Terrence, Winner-21.
Mr.. GRISWOLD drew contrast be-
tween the action OF the Senate two years
ago and the action of the Senate to-day
There was then a contest of the seat of the
present member from Athens.who was ther
the sitting member. Mr.. G. and Other
members of the same political party a:
himself had voted that the sitting member
should retain his seat, because they believed
he had been elected by majority of the
legal voters of the district. Mr.. G. spoke
upon the question of the decisions of the
Supreme Court, of the visible admiXture
and other questions. He could not vote
for the resolution under consideration, be
cause he believed that Mr.. Jones was enti-
tied to the seat.
The vote was taken on the resolution
that Henry M. Onderdonk is entitled to a
seat in this Senate, and it was adopted by
the following vote:
YEAs-Messrs. Berry, Campbell, Carter,
Dickey, Dowdney, Emmitt Evans, God
frey, Golden, Hutcheson, Jamison, Kenney,
Lawrence. Linn. May, Rex, Stambaugh
Winner-1S,
NAYs-Messrs. Biggs, Burrows, Conant
Corey, Dangler, Everett, Griswold, Hall
Keifer, Kessler, Kramer. Potts, Simmons
Terrence, Woodwork, Yeoman-16.
Mr.. BERRY offered a resolution, which
was adopted, instructing the committee on
Privileges and Elections to examine the
cost bills returned by the contestants and
cOntestee in the case of Onderdonk and
Jones, and report to the President OF
the Senate the amount so certified, and in
structing the President to draw a certifi-
cate to the said parties for the respective
amounts so certified.
HENRY M. ONDERDONK being pres
ent, was then sworE in by the President as
Senator from the Eighth Senatorial District
OF Ohio.
On motion of Mr.. DOWDNEY, the Sem
ate at half-past six o'clock adjourned till
10 A. M. tomorrow.
HOUSE.
MORNING SESSION.
Drouar hu Pow Mr. Marchan