The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1872-02-27
CORRESPONDENCE CE.
COLUMBUS, O Feb. II, 1872.

Sayler case came up for considera-
ton on w Wednesday, the 14th inst, at 3
O'Clock, and was disposed of yesterday
afternoon by unseating Kemp and giving
his seat to Saylcr. The situation Of the
case was this: One Of the United States
| Soldiers Homes is situated near Dayton,
Ohio. BY decision of the Republican
Supreme Court of Ohio, in the case of
jerks vs.. Rees, 10, 0, S. Reports, the
Court decided that the inmates of the
Home were not entitled to vote at cleo
tions, for the reason that the Home is
under the exclusive jurisdiction of the
United States, and governed by tharules
and articles Of war. In pursuance of
this decision, the Judges Of Elections in
the township in which the Home is situ-
ated, at last October election, refused to
allow the inmates Of this Home to vote.
John D. Kemp was elected to the Sen
ale from the 81 district, in which this
Home is situated Had the inmates of
the Home been permitted to vote, James
Sayler would have been elected. He,
therefore, contested Mr.. Kemp's seat
l pass, at least for the present, the dis
cussion of this question as it occurred
in the Senate, and shall refer to the final
action Of the case.
Yesterday afternoon was one of the
days long to be remembered in the Ohio
Senate 1t wss understood that the de-
bate in the Kemp Sayler case should
come to close at o'clock 2. III. There
were Is Democrats and seventeen Re-
publicans, making a tie vote if Kemp
was not permitted to vote in his own
case. Senator Gage had gone home
Mr.. Holden, at the conclusion Of his
speech, moved that the further conside.
ration Of this case be postponed till the
fourth Thursday of March. Mr.. Putnam
said that this motion was not made for
the purpose of cutting off debate, but to
give Senators time to consider before the
time fixed for the close of debate. This
was bombshell.. The Republicans stood
mum. The 1t Governor, if may call
him such, said the motion was net in or
der, from which decision an appeal was
taken Mr.. Brinsmade objected to Dr.
Kemp voting, g,and the objection was sus-
tanned by the Chair, from which an ap-
| peal was taken, but was ruled out of or
der by the same stupid that sat in the
Chait. Mr.. Putnam withdrew his first
appeal and the second appeal was ID or.
der The vote was ordered on the sec,
ond appeal, the 1t. Governor directing
the Clerk to omit the name of DR.. Kemp.
Mr. Jenner then got the floor, but was
informed that he would not be allowed
to speak on a question Of order Mr..
Putnam then got the floor, and showed
from the law and rules of the Senate that
Dr. Kemp had the right to vote; also,
from numerous decisions in other States,
that the sitting member had always To
ted on all preliminary questions, and in
a number of instances on the final ques-
ton, as to his right to his seat. Mr..
Dougherty said he hoped Mr.. Kemp
would vote regardless of the rulings Of
the Chair. Mr.. Thompson then asked
the 1t. Governor what nem light he had
received that caused him to change the
ruling he had made in FIVE instances
few days before, and whether The Senate
was to be governed by law or the arbi-
trary rules of the Mel House eaucus !?
Mr. Jenner appealed to his honor as a
man, if he had not stated to him repeat
emily that DR.. Kemp had right to vote
on all preliminary questions; that he
(Mueller) had said he had carefully ex-
alnined the authorities, ard called God
to witness his honesty in carrying out
his intentions in protecting DIR. Kemp's
rights? Mr.. Hart said DR.. Kemp had no
right to vote, and demanded the previ-
Gus question. A motion was then made
to adjourn. Mr. Mueller directed the
Clerk to call the roll ON the motion to
adjourn, ,omitting the name of Dr. Kemp.
Mr. Daugherty arose and inquired if the
Chair had stated that DR.. Kemp had no
right to vote on motion to adjourn p
The Chair said the Senator was correct;
That hereafter DR.. Kemp should not be
dUOWed to cote on any question. MIR.
Daugherty then said he desired the Dem
ocratic Senators TO meet him in the pri
vate room of the library for consulta-
son. Immediately all the Democrats
walked out, and the Senate was left with
out quorum. As they went out voice
was heard "Go to h--ll with your id
questions"
The Republican members collected in
knots to consult, and the Sergeant-at,
Arms was soon heard at the door of the
library -room,.. come to tell Senators their
presence was needed. They paid no at
tention. An order was issued to bring
them in, but the door was locked, and he
failed. II is reported that at this juno
ture the Governor was sent for to assist
the Sergeant alarms to enforce his
power and order the door broken Open
After short time spent in consulta-
tion the Democratic Senators returned
to the Senate determined to fight it out.
The question was then put to declare
DR.. kemps seat vacant and Saylor init
tied TO it, all the Democratic members
except Wright withdrew without the
bar, and the vote stood II to l, not a
quorum voting and yet the Lieut.. Gov
efnor declared the question carried, the
journal shows that there was no QUO
rum voting. Motions to adjourn, take
recess and others followed in quick sue
cession, and, were ruled out of order
Senator Young arose to a privilege
question and called on Sayler to come
forward and be sworn iE. The excite
ment which beggared description during
this whole time of about two hours now
rose to its highest pitch. Sayler came
forward and held up his hand amid yells
and Kisses that exceeded any thing /
ever heard. If the obligation was ad-
ministered nobody heard it., every one
was excited. The chamber was crowd
ad Senators formed n little rinp in front