POWELL, WEST, HUNT, SEARS, HOADLY, ETC. tution, and set forth in the resolution of the gentleman from Hamilton, (Mr. HUNT). The PRESIDENT, pro tempore. With the indulgence of the Convention, I desire to express my judgment upon this subject, because I have already taken the oath proposed by the pending resolution. I wish to announce to the Convention the reasons which operated upon me to induce me to take the oath I did. I agree with the gentleman from Hamilton, [Mr. HOADLY,] who last addressed you, in regard to the provisions of the Constitution of this State to which he has referred. I have, therefore, taken an oath to support the Constitution of the State of Ohio. Now if we were a revolutionary committee, a revolutionary body assembled here to establish just such a constitution as we might choose to frame, there might be some impropriety in our taking such an oath, and I would not have taken it. But we are not a revolutionary committee, we are not a revolulionary convention, but a Convention under the Constitution and laws of the State of Ohio; and that Constitution prescribes for us what has been read to you by the gentleman from Hamilton, [Mr. HOADLY.] That Constitution requires several things of us which we cannot disregard. It provides for our coming here, not to adopt a constitution, that is not our duty. Our duty is to prepare, and submit to the people of this State, a constitution which they are to adopt or not as they may choose. All this is to be done in accordance with the Constitution and in pursuance of the laws of this State; and I apprehend that it is the duty of every member of this body to swear to support the Constitution of Ohio. I know that the former convention, after some discussion, decided this matter as contended for by the gentleman from Cuyahoga, [Mr. MUELLER.] But there was great division of opinion upon the subject. There is, however, greater reason now than there was then why we should take the oath in the form proposed by the gentleman from Hamilton, [Mr. HUNT,] because there is a provision upon the subject in the present Constitution which was not in the former constitution. There is a provision in the present Constitution that no constitution shall go into operation without being first submitted to and adopted by the people; and for that reason, if for no other, we are bound to support the present Constitution of this State. Mr. WEST. I desire to suggest to the mover of this resolution, a slight modification of it. As it now stands it requires each member to be sworn, to take the oath therein prescribed "so help him God." There are now members here who are conscientiously unwilling to take that oath. I would suggest that the resolution be so modified as to require members to take the oath prescribed by the Constitution. Mr. HUNT. I have no objection to modifying the resolution as suggested. Mr. WEST. That is all that is needed, the oath prescribed by the Constitution. It is not necessarily by swearing, but may be by affirming. I move to amend so as to strike out the words "so help you God." The amendment moved by Mr. WEST was not agreed to. Mr. BABER. I think all this difficulty may [TUESDAY, be avoided by modifying the form of oath so that it will read "You do solemnly swear, or affirm,” etc. Mr. HUNT. I have no objection to modifying the resolution as suggested. The question was upon the resolution as modified. Mr. SEARS. I move to amend by striking out the form of oath prescribed in the resolution, and inserting the words "take the oath or affirmation prescribed by the present Constitution.' The amendment was agreed to; and the resolution as amended was then adopted. Mr. GRISWOLD. I move that the Chief Justice of this State, Judge WHITE, who I believe is now in the Capitol, be requested to administer the oath to members. The motion was agreed to. Mr. GARDNER. I would suggest that members, as their names are called and they present themselves to be sworn, present their certificates of election to the clerk. The PRESIDENT pro tempore. I would suggest that as we have here a list of delegates elect, certified to by the Secretary of State, the Secretary pro tempore of this Convention can call the names according to that certified list. Mr. ROOT. I think we would be going a great way ahead of our business to present our certificates of election to the Secretary pro tempore of this Convention at this time. There will be no occasion for their presentation until we have a committee on credentials and elections. Mr. HOADLY. Why should not the President pro tempore of this Convention administer the oath to members? The PRESIDENT pro tempore. I do not think I am authorized to do so. Mr. HOADLY. You have been sworn in, and I think that you are authorized, for the purpose of organizing this Convention, to administer the oath to members. The PRESIDENT pro tempore. I do not think I am authorized to do it. According to my opinion I have no authority to administer an oath. Mr. BURNS. I move that a committee of two members be appointed to wait upon Chief Justice WHITE and request him to come in here and administer the oath to members. The PRESIDENT pro tempore. He has just sent word that he is now engaged in reading an opinion and cannot come just at present. Mr. BABER. Judge GREEN, of the court of common pleas of Franklin County is present and can administer the oath. I suppose we are not so much above the common run of men as to require a higher officer than he is for that purpose. Mr. HUNT. I think it is eminently proper that the Chief Justice of the State should swear the members of this Convention. Mr. BURNS. I insist upon my motion that a committee of two be appointed to wait upon the Chief Justice and request his attendance here. The motion was agreed to; and Mr. BARNET and Mr. GRISWOLD were appointed. The committee retired from the hall, and shortly afterward returned, accompanied by the Chief Justice, who by request of the presiding officer took a seat by his side. The Secretary pro tempore, then proceeded to MARTIN A. FORAN. SENECA O. GRISWOLD. GEORGE D. MILLER. JOSEPH M. ROOT. THOMAS EWING, JR. MILLS GARdner. LLEWELLYN BABER. JOHN J. RICKLY. OZIAS MERRILL. JOHN W. MCCORMICK. PETER HITCHCOCK. THOMAS P. TOWNSLEY. CHARLES J. ALBRIGHT. JOHN W. HERRON. GEORGE HOADLY. RUFUS KING. RICHARD M. BISHOP. WILLIAM H. PHILIPS. A. H. TYLER. SAMUEL W. CLARK. Montgomery, NAMES OF DELEGATES. MORRISON R. WAITE. EMANUEL SHULTZ. Morgan, Morrow, Muskingum, Noble, Ottawa, Perry, Pickaway, Pike, Portage, Preble, Putnam, Richland, Ross, Sandusky, J. S. VAN VALKENBURGH. Scioto, DAVID BARNET. SAMUEL P. WEAVER. BARNABAS Burns. MILTON L. CLARK. JAMES W. BANNON. JOHN D. O'Connor. ANSON PEase. JAMES C. HOSTETTER. ALVIN C. VORIS. GEORGE M. TUTTLE. CHARLES H. MITCHENER. ISAAC N. ALEXANDER. THOMAS F. THOMPSON. HARLOW CHAPIN. JOHN D. SEARS. JACOB J. GREENE of Defiance and Paulding, and ELIAS H. JOHNSON and JULIUS FREIBERG of Hamilton, failed to respond when their names were called; and THOMAS W. POWELL of Delaware, had taken the oath upon assuming the chair as President pro tempore. Total number of members elected, 105. TEMPORARY MESSENGER. Mr. GODFREY moved that Will. A. Cool of Franklin County be appointed page of the Convention during its temporary organization. The motion was agreed to. PERMANENT ORGANIZATION. Mr. BEER. I move that the Convention now proceed to elect by ballot a permanent President. Mr. DORSEY. I understand that, in order to perfect the organization of this Convention, a motion has been made to proceed to the election of a President. I have no doubt that when I read the resolution I hold in my hand the gentlemen will accept it as a modification of his motion, it being to carry out the object of his motion, and to still further perfect the organization of this body. My resolution is as follows: DORSEY, BEER, HOADLY, BABER, BARNET, ETC. Resolved, That until otherwise ordered the officers of this Convention shall consist of a President, Secretary, two Assistant-Secretaries, an Engrossing Clerk, a Sergeant-at-Arms, two Assistant Sergeants-at-Arms, and a Mr. BEER. That is neither a substitute for nor an amendment to my motion, and I cannot accept it. Mr. DORSEY. It will be perceived by the Convention that, as the gentleman says, my resolution is neither an amendment to nor a substitute for his motion. Yet I think it is eminently proper that mine should precede his. I hope, therefore, that he will be willing to permit mine to be adopted by the Convention, and afterward they can proceed to act upon his proposition. My resolution is in perfect accordance with the law providing for this Convention. The fourth section of that law provides that Said Convention shall have authority to determine its own rules of proceedings, and to punish its members for disorderly conduct, to elect such officers as it may deem necessary for the proper and convenient transaction of the business of the Convention, and to prescribe their duties, etc. Therefore the first thing we have to do is to determine what officers will be "necessary for the proper and convenient transaction of the business of the Convention." Mr. BEER. I do not know but I would be willing to withdraw my motion and let the question first be taken upon the proposition of the gentleman from Miami [Mr. DORSEY.] Mr. WEST. My judgment is that we should first elect a permanent presiding officer, and determine the other matter afterwards. Mr. HOADLY. I desire to offer an amendment to the proposition of the gentleman from Crawford [Mr. BEER] if it is still before the Convention. Mr. BEER. Upon further consideration I must decline to withdraw my motion. Mr. HOADLY. I move to amend the motion of the gentleman from Crawford [Mr. BEER] by striking out the words "by ballot" and inserting "viva voce." [JACOB J. GREENE of Defiance and Paulding counties, here appeared, and was sworn in by the Chief Justice.] Mr. BABER. I hope the amendment of the gentleman from Hamilton [Mr HOADLY] will not be adopted. In the last Constitutional Convention the president was elected by ballot. It is true the present Constitution provides that in elections by the legislature the vote shall be viva voce, there is an express provision on the subject to that effect. I hope, however, that this Convention in voting for its President, as well as its other officers, will vote by ballot. I see no reason why we should depart from the precedent set by the last Convention. I hope, therefore, the amendment of the gentleman from Hamilton will not prevail. At any rate I should like to hear some good reason why we should spend our time in hearing the roll of members called and their various votes recorded by the clerk, when we can get through the business a great deal sooner in the other way. I hope the amendment will not prevail, but that the motion of the gentleman from Crawford [Mr. BEER] will be adopted. Mr. HOADLY. We are here for the purpose of amending the Constitution, and a good way [TUESDAY, to begin our work is to disregard some of the precedents set by the former convention. The reasons which render the vote by ballot so sacred in ordinary cases are not pertinent to this occasion; they are reasons which grow out of the necessity of protection to the voter. There is no such necessity here. I for one have come here prepared to vote openly upon the call of the roll on every question; I see no reason why I should disguise or hide my vote. I desire to vote openly upon the call of the roll at the beginning of our work, and to keep it up to the end. Mr. WEST. I concur in the remarks of the gentleman from Hamilton [Mr. HOADLY.] I hope every gentleman here has backbone enough to vote out aloud in the election of our officers. I am perfectly willing to do it. There are two or three gentlemen spoken of for President of this Convention, either one of whom I would be perfectly willing to see elected, so far as I am concerned. If I could vote for them all I would; but I can vote for but one, and I would like to do it in open daylight, Mr. BARNET. I desire to make a single remark in reply to the gentleman from Logan, [Mr. WEST.] He seems to think that every gentleman here ought to have backbone enough to vote openly. But he forgets that that would be a reflection upon our system of voting by ballot. That system has been adopted in order to give to every man the privilege of expressing by his vote his sentiments freely and without restraint. And if our constituents follow that plan, as it is followed all over the country, why should we not follow the same plan which has been established and in use ever since we have had a government? For my part I feel that I have a little backbone, when it comes to the test. But I respect the old practice of ours, because it does protect every man, the weak as well as the strong. I do not profess to have any more backbone than a man ought to have, perhaps hardly as much. But I wish to have no reflection cast by our conduct here upon the rule that has been established among us almost from time immemorial. I shall vote in favor of electing our officers by ballot. Nevertheless, I am willing the majority of this Convention shall determine that question. Mr. TUTTLE. I hope the amendment will not prevail, for I see no necessity for us to adopt that course here. I do not see why we should not stand by the rule to which we have been accustomed. It may be that when there are but two candidates to vote for who have been nominated by their respective parties, it is proper enough to vote as proposed by the amendment; I have been told that it is better to do so. But here there several persons who will be voted for, and I do not see any reason why members who do not desire it should be required to seem to reflect in some way upon those that they do not support. If there is any gentleman here who is anxious to show that he is a man with much backbone, by announcing the person for whom he will vote, I apprehend that it is perfectly proper for him to do so. At the same time I think it is proper that we should adhere to the long established rule of voting by ballot; and I hope we shall do so on this occasion. Mr. WEST. I have this to say in regard to MAY 13, 1873.] CLARK of R., YOUNG of C., ROOT, MUELLER, etc. from, until the southern men, fearing that some of their northern screws were getting loose, determined to put themselves in a position where they could do what my friend from Logan [Mr. WEST] referred to, smoke out any one who should slip from the place assigned him. Not till then did they adopt this method of electing the Speaker of the House of Representatives by viva voce vote. over voting by ballot here, if it is desired for lot. And that practice was never departed the purpose of maintaining perpetual secrecy in relation to the way in which individual members may vote, gentlemen will find themselves mistaken. If it be for the purpose of conciliating friends and avoiding enemies, gentlemen will find themselves mistaken. A bold, frank, outspoken man is always respected. The man who acts secretly, who votes by ballot and is afterwards found out, is not respected, or not so much as the other. And there is not a man here who may vote by ballot, who will be able to conceal his vote for two hours after the ballot is taken, not one; every one will know just how he voted. Mr. CLARK, of Ross. I am opposed to the amendment simply upon one ground, that it will be a departure from established custom, and I am not willing to make that departure unless some good and sufficient reason can be assigned for it. What is the reason that is assigned here? Simply that gentlemen may give an exhibition of backbone. I can see no necessity for such an exhibition. It is to be presumed that every gentlemen in this convention is an honorable man and has backbone enough. The former convention elected its president by ballot, and that is the general custom and usage of the country. Why depart from it here? Mr. YOUNG, of Champaign. This talk of doing things openly and above-board is all very clever; but I must suggest to the gentleman from Logan, [Mr. WEST,] that notwithstanding all his talk about smoking out, it is possible that there are gentlemen here who would prefer to vote the old way. It is proposed that those gentlemen shall vote openly, that they shall show their hands. I say if they prefer to vote by ballot, the old mode of voting, let them have the opportunity to do so. Besides the suggestion that it is an old practice, there is the further suggestion that no good reason has been shown why we should depart from it. I am unwilling that any gentlemen who prefers to vote by ballot shall be compelled to vote viva voce, shall be smoked out. Mr. ROOT. I do not concur exactly with any gentleman whom I have heard speak upon this question. I am a conciliatory sort of man, I do not want to be smoked out; I want to come out when I am ready and not before, [Laughter.] I have lived longer than the honorable member from Logan, [Mr. WEST]. Mr. WEST. You are wrong there; I have lived to be six feet and several inches long, [Laughter]. Mr. ROOT. Well, in that sense I hope he will continue to live long. I know how bad it is to be smoked out. I know how strong our attachments to party are. And I have some consideration for the frailties-I do not know that I should say "frailties"; I will say the amiable weaknesses of my fellow members. [Laughter.] There may be men here who would like to vote quietly and mind their own business, and let others mind theirs. If any one thinks he is charged with the mission of smoking any body out, why let him do it. Only I hope he will not press me too hard on that subject. [Laughter.] Sir, it was the practice of the Congress of the United States for half a century to elect the Speaker of the House of Representatives by bal Now voting by ballot is the good old way of voting. And these very spunky gentlemen, these folks who dare face the devil, and will not give the wall to a woman even [Laughter] these gentlemen ought to have some consideration for their weaker brethren. If anything gives me pain it is to vote "no" on any question. [Laughter,] I hope gentlemen will not persist in this thing; or if they do I hope the Convention will be considerate, will be merciful and kind-hearted and vote it down. The question was on the amendment moved by Mr. HOADLY to strike out the words "by ballot" and to insert "viva voce.” Mr. BABER and others called for the yeas and nays. The yeas and nays were taken, and there were, yeas 24, nays 78, as follows: YEAS-Messrs. Adair, Bannon, Cook, De Steiguer, Doan, Griswold, Hale, Herron, Hoadly, Hostetter, Keck, King, Layton, McCormick, Mueller, Neal, Pond, Pratt, Reily, Smith of Highland, Townsend, Tripp, Voris and West -24. NAYS-Messrs. Albright, Alexander, Andrews, Baber, Barnet, Beer, Bishop, Blose, Bosworth, Burns, Byal, Caldwell, Campbell, Carberry, Chapin, Clark of Jefferson, Clark of Ross, Clay, Coats, Cowen, Cunningham, Dorsey, Ewing, Foran, Gardner, Godfrey, Greene, Gurley, Hill, Hitchcock, Horton, Humphreville, Hunt, Jackson, Kerr, Kreamer, McBride, Miller, Mitchiner, Mullen, O'Connor, Okey, Page, Pease, Phellis, Philips, Powell, Rickley, Root, Rowland, Russell, of Meigs, Russell, of Muskingum, Sample, Scofield, Scribner, Sears, Shaw, Shultz, Smith of Shelby, Thompson, Townsley, Tulloss, Tuttle, Tyler, Van Valkenberg, Van Voorhis, Voorhis, Waddle, Waite, Watson, Weaver, Wells, White, of Brown, White, of Hocking, Wilson, Woodbury, Young, of Champaign, and Young, of Noble-78. So the amendment was not agreed to. The question recurred upon the original resolution offered by Mr. BEER. Mr. MUELLER. I move to amend by adding "a majority of all the members elected to this Convention being necessary to an election." Mr. TOWNSEND. I move to amend the amendment so that it will read, "and that a majority of all the votes cast shall be necessary to an election." Mr. ROOT. I think I could get along with the amendment of my friend from Cuyahoga [Mr. MUELLER], if the phraseology was slightly but still substantially changed to this effect: "a majority of all the members elected and qualified being necessary to an election." Suppose that the two members now absent should fail to present themselves and qualify; leaving 103 members who have qualified. Suppose farther that no candidate is able to obtain more than 52 MUELLER, TOWNSEND, HITCHCOCK, ETC. votes. That would be a majority of all the members who have qualified and are entitled to take part in the election; yet under the rule proposed by the amendment there would be no election. I am willing to vote that a majority of the members elected and qualified shall be necessary to an election. But I do not think that we ought to assert an abstraction, for practically it is a mere abstraction, that is not entirely sound. The question was upon the amendment by Mr. TOWNSEND to the amendment of Mr. MUEL LER. Mr. MUELLER. I think that amendment is directly antagonistic to the one I have offered. According to that amendment, if adopted, the President of this Convention might be elected by the votes of only 27 members, a bare majority of a quorum. I think no one should be elected President of this Convention, except he represents at least a majority of all the members elected to this body. Mr. ROOT. In order to give a little time for consideration, I move that the Convention now take a recess till 2 o'clock. The motion was agreed to; and accordingly at 12 o'clock, m., the Convention took a recess till 2 o'clock, p. m. AFTERNOON SESSION. The Convention re-assembled at 2 o'clock, p. m., the President pro tempore, in the Chair. Mr. JULIUS FREIBERG, of Hamilton county, appeared and was sworn by the Chief Justice. ELECTION OF PRESIDENT. The PRESIDENT, pro tempore. The pending The pending resolution is one offered by the gentleman from Crawford, [Mr. BEER]; to that the gentleman from Cuyahoga, [Mr. MUELLER], moved an amendment, and another gentleman from Cuyahoga, [Mr. TOWNSEND], moved an amendment to the amendment. Mr. TOWNSEND. In deference to the opinion of others, I will withdraw my amendment to the amendment. The original resolution was as follows: Resolved, That the Convention now proceed to elect by ballot a permanent President. The amendment of Mr. MUELLER was to add, "and that a majority of all the members elected to this Convention be necessary to an election." The amendment was agreed to; and the resolution as amended was then adopted. Mr. HOADLY. I nominate Mr. RUFUS KING, of Hamilton county, as President of the Convention. Mr. WHITE, of Brown. I nominate Mr. LEWIS D. CAMPBELL, of Butler county, as President of this Convention. Mr. GRISWOLD. I nominate Mr. MORRISON R. WAITE, of Lucas county, as President of this Convention. Mr. GARDNER. I nominate Hon. PETER HITCHCOCK Of Geauga county as President of this Convention. [TUESDAY, Mr. HITCHCOCK. I certainly am under very great obligations to my friend from Fayette [Mr. GARDNER] for mentioning my name in connection with the presidency of this convention. The position of presiding officer of this body is one that might well gratify the ambition of any man. And I will not attempt to disguise the fact that a vote of this body calling me to that position would place me under obligations not to be forgotten for a life-time. Believing, however, that a proper organization of this Convention, one that will harmonize all its elements, and enable us promptly and readily to proceed to the discharge of those duties for which the people have selected us, is an object of far greater consequence than the gratification of the ambition of any man, and that a continuance of my name before this Convention might hinder rather than advance that result, I ask that I may be considered as not a candidate for the office in connection with which my name has been so kindly mentioned. Tendering my thanks to my friends in this body who have voluntarily offered me their support, I ask the Convention to regard me as not a candidate for this honorable office. Mr. BABER moved that two tellers be appointed to collect and count the ballots. The motion was agreed to; and Mr. BARNET and Mr. VOORHIS were appointed. The Convention then proceeded to ballot for President, with the following result, as announced by the tellers: First Ballot. DAVID BARNET WILLIAM SAMPLE 103 53 48 33 18 1 1 ' 1 1 |