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WALTER M. BLAKE, member elect from Tuscarawas and Holmes counties, in room of Henry Laffer, deceased, appeared, and produced the certificate of his election, was duly qualified, and took his seat.
The Senate was called to order by Mr. Anthony, as the Speaker.—. A quorum being present,
Mr. Spangler offered the following resolution: Resolved, That the Senate proceed to the election of a Speaker, Clerk, and Sergeant-at-Arms, to serve during the present session.
Mr. Morris moved to amend the resolution under consideration, by striking out the words “ during the present session,” and insert in lieu thereof the words pro tempore.
The question being taken thereon, was decided in the negative Yeas 14, Nays 18.
Those who voted in the affirmative, were - Messrs. Anderson, Howard, Johnston, Kendall, Morris, Morse, Newell, Osborn, Pilson, Steele, Walke, Whittlesey, Yeo, Speaker (Anthony)-14.
Those who voted in the negative, were Messrs. Alexander, Atkinson, Blake, Doan, Disney, Hawkins, Hopkins, Lind, Mc Mechan, McDowell, McKaig, Ravenscroft, Robinson, Shepler, Spangler, Taylor, Vance and Vincent-18.
The question then recurring upon the original resolution, it was decided in the affirmative-Yeas 18, Nays 14.
Those who voted in the affirmative, were Messrs. Alexander, Atkinson, Blake, Disney, Doan, Hawkins, Hopkins, McMechan, McDowell, McKaig, Morse, Ravenscroft, Robinson, Shepler, Spangler, Taylor, Vance and Vincent—18.
Those who voted in the negative, were Messrs. Anderson, Howard, Johnston, Kendall, Lind, Morris, Newell, Osborn, Pilson, Steele, Walke, Whittlesey, Yeo, Speaker (Anthony)-14.
The Senate then proceeded to ballot for Speaker, when it appeared that David T. Disney had
17 votes, Charles Anthony had
15 votes. Whereupon, David T. Disney, having a majority of all the votes given, was declared duly elected.
Thereupon the Speaker took the chair. The Senate then proceeded to elect a Clerk, with the following result:
2d. J. R. Mulvany,
15 15 16 Daniel McCook,
16 15 Scattering,
1 3 0 Daniel McCook, having a majority of all the votes given, was declared to be duly elected; and being qualified according to law, he entered upon
the duties of his office. The Senate then proceeded to elect a Door-Keeper and Sergeant-atArms. On counting the votes, Isaac Cool had 32.
Isaac Cool, having a majority of all the votes given, was declared duly elected; and after being sworn, proceeded to discharge the duties of his office.
On motion, The Senate adjourned until 3 o'clock, P. M. Three o'clock, P. M.–Senate convened, pursuant to adjournment.
On motion of Mr. McKaig, Resolved, That a message be sent to the House of Representatives, informing them that a quorum of the Senate have assembled and organized; and have elected David T. Disney, Esq. Speaker, Daniel McCook, Clerk, and Isaac Cool their Door-Keeper and Sergeant-atArms, to serve during the present session; and that they are now ready to proceed to business.
A message from the House of Representatives: Mr. Speaker,
A quorum of the House of Representatives has assembled, elected John M. Creed, Esq. their Speaker, John L. Green their Clerk, and John Cook their Door-Keeper and Sergeant-at-Arms, to serve during the present session, and are now ready to proceed to business.
On motion of Mr. Doan, Resolved, That the Standing Rules of the last session, be adopted for the government of the Senate during the present session.
On motion of Mr. Morris, P. G. Gallagher was admitted within the bar of the Senate, as a reporter for the “Ohio State Journal and Columbus Gazette.”
On motion of Mr. Robinson, Resolved, That Charles McBane be admitted to a seat within the bar of the Senate, as a reporter for the “Western Hemisphere."
The Speaker announced the following Standing Committee on Privileges and Elections, viz: Messrs. Spangler, Newell and Vincent.
On motion of Mr. McKaig, Ordered, That the certificate of the member from the counties of Tuscarawas and Holmes be referred to the Standing Committee on Privileges and Elections.
A message from the House of Representatives : Mr. Speaker,
The House have adopted a resolution appointing — members on the part of the Senate, and two members on the part of the House, to wait on his Excellency the Governor, and inform him that both branches of the General Assembly have assembled, are organized, and ready to receive any communication that he may be pleased to make; in which they request the concurrence of the Senate.
Which resolution was adopted, with one amendment. Ordered, That the House of Representatives be informed thereof, and their concurrence requested.
The Speaker announced Mr. Walke as said committee, on the part of the Senate.
Mr. Walke, from the Joint Select Committee appointed on the part of the Senate to wait on his Excellency the Governor, and inform him that both branches of the General Assembly are organized and ready to receive any communication that he may think proper to make to them reported that they had attended to the duty assigned them, and were instructed to inform their respective Houses that he would make a communication to each branch of the Legislature this day, at half past 3 o'clock, P. M.
The Message of his Excellency the Governor was presented by Mahlon D. Ogden, Esq. which, together with the accompanying documents, were read, as follows, to wit: Gentlemen of the Senate
and of the House of Representatives: Subsequent to the adjournment of your late session, occurrences have arisen, of such an extraordinary character, as to impress upon me the indispensable duty of convening you, under the provisions of "the ninth section of the second article of the Constitution of the State of Ohio. That section declares that the Governor "may, on extraordinary occasions, convene the General Assembly, by Proclamation, and shall state to them when assembled the purposes for which they shall have been convened." And being assembled, in obedience to a Proclamation issued under the provisions of said section, I now, in discharge of the duty required of me, proceed to state to you the purpose for which you have been convened.
It was briefly to lay before you, for your consideration, the whole subject matter, growing out of the controversy relative to our northern boundary line, and extention of jurisdiction to our constitutional boundaries, as prescribed in an Act of last session defining the same.
The Legislature, on the 23d of February last, with but one dissenting vote, passed resolutions, in which it was declared, as the opinion of the General Assembly, that the territory contained within the constitutional limits of Ohio, formed an integral part of the State, of which no power on earth had a right to dispossess her—That measures ought to be taken, immediately, by the Legislative, Executive, and Judicial authorities of Ohio, to cause her jurisdiction to be fully established throughout every part of her territory, as described in her Constitution: and obtain for her laws and public officers that respect and obedience from all persons residing or coming within her boundaries, to which they are properly entitled—that the State had an indisputable right to run out, and designate her northern boundary, in accordance with the provisions of her constitution; and that, without allowing her public works to be longer suspended, or the interest of her citizens to be further jeopardized by the refusal of Congress to unite with her in the work—and that commissioners should be appointed for that purpose, with instructions to run and re-mark the same from the place where a line from the most southerly extreme of Lake Michigan, to the most northerly cape of the Maumee bay crosses her western boundary to the said cape, so that its exact location may be
known and recognised by all persons within the State, as well as by those without its limits.
They, on the same day, passed, by the same vote, “An act defining the boundaries of certain counties within the State, and for other purposes;" in which the boundaries of the counties of Wood, Henry and Williams were extended to the line described in the Constitution two new townships were created in the county of Wood, and elections for Justices of the Peace and other officers were authorized under the laws of Ohio. This Act made it the duty of all officers within the State, civil and military, judicial and ministerial, who were authorised to exercise jurisdiction within these counties, to extend their jurisdiction, respectively, to the line described in said Act. The same Act made it the duty of the Governor to appoint three Commissioners, whose duty it should be) to re-mark that part of the said line lying west of Lake Erie, and commonly known as “Harris's Line,"—that it should be the duty of the Commissioners, when appointed by the Governor, to proceed, at as early a day as practicable after their appointment, to the discharge of their duties; and the Commissioners should, in due time, report to the Governor, stating the manner in which their duties had been performed.
The Act and Resolutions were deposited in the Office of the Secretary of State, on the day they were passed; and, on the same day, Jonathan Taylor, of Licking county, Uri Seely, of Geauga county, and John Patterson, of Adams county, were appoin-ed and commissioned, by the Governor, to re-mark the line, as required by said Act: who, after consulting with the Executive, appointed to meet at Perrysburg, in Wood county, on the first day of April, in order to proceed to the discharge of those duties required of them. On the same day that said Act and Resolutions were passed, I transmitted copies thereof to our Senators and Representatives in Congress, and, on the 26th February, addressed a circular to the Clerks of the Court of Common Pleas of each of the counties of Wood, Henry and Williams, enclosing copies of said Act and Resolutions to them, with a request that they would deliver a copy to each of the several county officers, within their respective counties, therein informing said officers that it was the expectation of the Legislature, as well as of the Executive; that they would be prompt and vigilant in carrying into effect the intention of the General Assembly, as expressed in said Act and Resolutions. I also directed the Adjutant General to enclose a number of copies of the Act and Resolutions to Major General John Bell, of the 17th Division, within whose command the counties of Wood, Henry and Williams are situate, with directions toextend his command to the northern boundaries of those counties, as defined in said Act; and to cause all persons, residing therein, that were subject to military duty, under the laws of Ohio, to be enrolled and organized under the laws of this State. All this he promptly effected, and two militia companies were enrolled in Wood county: they met and elected their officers; which have been duly commissioned under our laws, and are now in command. That portion of the disputed territory, that was
attached to the countics of Henry and Williams, is now united tothè organized militia districts in those counties respectively:
Considering that the most effectual method of executing the Act of the 23d of February, would be to complete the civil organization of that part of the State claimed by Michigan, I determined on attending, in person, in that region of the State at the time the elections were being held; and to take commissions with me to deliver to the various officers that might be elected under our laws; and to meet the Commisssioners at Perrysburgh, on the day appointed to commence marking the line; but, on the 20th March, I received a letter from Mr. Forsyth, Secretary of State of the United States, dated the 14th, in which I was told that the President had been informed, by the Acting Governor of Michigan Territory, that a collision was likely to take place between that l'erritory and Ohio, relative to the extension of our jurisdiction. To that letter I replied at length, on the same day I received it; in which I informed the Secretary of State, that no collision had been anticipated on the part of Ohio, and in no case would it occur, unless resistance were made to our civil authority: I transmitted to him a copy of the Act and Resolutions of last session, at the same time informing him what course Ohio expected to pursue.
On the 22d, I received a second letter from Mr. Forsyth, under date of the 17th, in which he informed me the President learned with deep regret that the military had been called out on the part of Ohio, as also on that of Michigan, to support our respective claims to jurisdiction, &c. &c. This letter I answered on the 23d, giving him to
nderstand that no preparation for force was being made by Ohio, and that our civil authority was considered sufficient to carry into effect the laws of Ohio: I also informed him when the Commissioners, nominated to run the line, had appointed to meet at Perrysburgh --my intention of joining them there;—and that the object of my vi. sit to that region of country was to allay, as much as possible, the excited feelings that had been produced by the Proclamation of the Acting Governor of Michigan, and by the violent measures of Genèral Brown.
On the 26th, I received a third letter from Mr. Forsyth, by Judge Doty, of Detroit, informing me that the President had determined on appointing Commissioners, to confer with me and the Acting Governor of Michigan, on the subject of the unhappy difficulty, as he called it, that was existing between Ohio and that Territory. To this I replied at some length, on the 27th, endeavoring to convince him of the very erroneous impressions under which they labored at Washington, respecting the acts and doings of Ohio; and informing him of my determination to start for Perrysburgh next day.
In accordance with this resolution, I repaired, in company with Cols. Swayne and Andrews and General Niswanger, to Perrysburgh, where we arrived on the 2d of April. The next day I received a note from Richard Rush, Esq. and Col. Howard, Commissioners on the part of the United States, stating that they wished an interview with me. I replied, that I would meet them, either at Toledo or Perrys