The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1871-01-24
CoLUMDys CORRESPONDENCE.
COLUMBUS, O., Jan. is. 1871

past week has been spent by the legisla-
ture in considering local and private
acts, interspersed with resolutions of a
political character. Some of these res.
olutions were joint resolutions and re
quire the action of both branches Of the
Legislature; and in some of them each
branch acted on its own responsibility.
Believing that many of your readers
take interest in these questions, l shall
eonfine this letter principally to them
On Monday a joint resolution was in
troduced into the House condemning the
present land grabbing system carried on
by Congress and the General Govern
ment. The Republican members seeing
they were about to be caught iu trap,
determined TO make these resolutions
obnoxious to Democrats, and attached
an amendment censuring the Central Hi
nols land grants, and an additional reso-
luton approving the policy recommend
eddy President Grant, aud in this shape
passed the resolutions.
Yesterday these resolutions came up
in. the Senate; that body, being some
what demoralized, struck out the resolu-
.tion endorsing Grants policy, after
which the, resolutions were adopted
Permit me to make short comment on
these resolutions. The Central Illinois
land grant was made while the Demo
cratic party was in power, and never was
q railroad grant, but was grant Of pub
|lic lands to the State of Illinois, to be
FUSED as the State might see proper. The
State granted these lands to the Illinois
CeRtrai Railroad in consideration that
the company would pay into the treasu-
ry Of the State seven per cent. of its
gross earnings. The result Of which is,
that the State up to this date has receiv-
ed over S7,000,OO0.
Congressional land grants are gifts Of
the peoples land, to fsilroads, withoRt
any consideration. President Grants
policy is to approve all grants made by
Congress and say in his message: 80,
you ought to be careful"
Gen Schenck, who represented the
Third District of Ohio in Congress, hav-
| ing been appointed Minister to England,
resigned his seat on the 9Th of this
month, and the Governor of Ohio was
notified, officially, of his resignation on
the 9th. 1t will be recollected that last
fall Schenck was beaten in his district by
Hon. L. D. Campbell by a majority OF
SO votes Schenck gave notice of a con
Itest, not tn at he wants the seat but for
Ithe purpose of getting Campbell out
This being the shape of affairs in the
Third District, the Governor, when he
|receiv cd the notice of Schenck's resigna
ton, instead of ordering an election as
The is directed by law to do, stuck the
notice in his pocket. Last week reso-
luton was introduced into the House en-
qulring into this matter, which brought
a letter from the Governor,revealing the
| facts, and an opinion from the Attorney
General, trying to cover up this species
of demagogueism; and the Governor re-
fuses TO comply with the law and order
this election, citing some cases, none ol
which are applicable.
He did not cite the cease of his owr
action in the Champaign Senatorial Dis
Itrict last fall, when he ordered an elec
| tion when there was no vacancy, but only
likely to be one In that case the Sena
tor elect died, and before he was cole
the Governor ordered an election, anC
his friends stood by him, and the fesul
of that act yas the adoption of the fif
teenth amendment last winter. The pitt
of Attorney General Ponds opinion is
ssthe statute Of this State would seem tt
be imperative and mandatory, but it il
clear to me that neither the Constitution
Iof the United States nor the statute o
{ ltfiis State were ever intended to requir
1.-THE State Executive to do vain ant
useless thing" The statute is impera
tive and mandatory ;then there IS no dis
cretionary power ;the Executive is unde
the law aud must comply with its order
; OF he is violator of the sacred trus
= confded to him by the people, and be
comes despot. -
Then he says: "The Executive is nc
Y required to do vain and useless thing.
What is it he is required to do in thi
case? A vacancy has occurred in tn
Third District. The law says he sha
: order an election to fill vacancies. Pom
says the law is imperative, but if til
: Governor can work himself up to til
: belief that in his own opinion it is a use
: less thing he can so decide and refuse t
!. execute the law. If he may do this |
. one instance he can do it in all. The
), he may override, on the same principle
: oil law,and if he can get the approval {
) enough such men as Pond be despe
! : in Ohio.
: In the Senate this matter took diffe
), ent turn. Mr.. Ward introduced resoll
. tions inquiring, if necessary, what legi
= lation should be had to enable the Co
+ ernor to order an election in the Thir
/ District. They were referred to I'll
= Committee on Federal Relations, VIII
;. yesterday reported a substitute for tt
Resolutions. After reciting the circun
!, Stances of Mr.. Schenck's resignation
y 1.-THE preamble, the resolutions are as 70
Flows:
:Is THE resolutions will be found els
: Ylere.-EDs. SPIRIT.
2 This was blow that the Governt
and his friends least expected, and the
ii became somewhat demoralized and exc
N ted. Dunbar { Radical) claimed that tt
pei election was impraeticable and the pow
r Of the Governor discretionary.
er ~ Ddlin Radical) said that it was
9, matter Of which the Legislature had n
! right to interfere, and if the Goyernt
g., did not comply with the law it was
n matter of his own conscience.
: Root, radical, Chairman of IL
al Committee, thought otherwise, takiu
9. the true ground that it is the duty of Il
: Legislature to discuss, criticize and di
of the action of the Executiv
= whenever he gave AUST occasion. Th
1.-The law is imperative, and not the Go
: :ernor 'smay," but that he "shau," do $
q lleaving no discretion or question of co
e. science. He further said that if the. "
ir. esncy had occurred in Garield's Di