History of the city of Columbus, capital of Ohio, Volume II, Part 53

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co
Publication date: 1892
Publisher: New York and Chicago : Munsell & Co.
Number of Pages: 1196

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In 1848, after that student had become a physician and surgeon in busy practice, he was nominated and elected to the lower branch of the General Assembly of Ohio by the Free Soit men of Lorain County, and by them instructed as their Representative, when in the legislature, " to act with any party, or against any party, as in his judgment the cause of freedom should require." When the time arrived for the legislature to meet, it was found tbat the House could not organize, on account of a difference between the Whig and Demo- cratic parties - growing ont of a division of Hamilton County for election purposes which the Whig party, being in a majority in a previous legislature, had made - both parties hav- ing claimants for two seats. There were also other contested seats in the House, and besides these the election for Governor had not yet been decided. After a long struggle, when both branches of the General Assembly were finally organized, this was found to be their political complexion : In the Senate the Whigs and Democrats were a tie - Senator Randall, a Free Soil Whig, was elected Speaker. In the House the Democrats lacked one of having balf the the members ; the Whigs, adding several Free Soil men who had been elected by the aid of Whig votes. also lacked one of having half the members. Besides the Democrats, Whigs and Free Soilers already mentioned, there were two Free Soil members - Colonel John F. Morse of Lake County, and Doctor N. S. Townshend, of Lorain County - who had been elected in opposition to candidates of both Whig and Democratic parties, and were therefore independ- ent of both. Before the House was organized all the antislavery members came together for a conference or caucus. A gentleman of large political influence, [ Mr. Tappan ] though not a member of either branch, had been invited to be present and give to the conference the

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benefit of his counsel. He urged upon the members of the conference the importance of per- fect agreement among themselves as affording the only hope of securing any antislavery leg- islation, or the election of any antislavery man to the United States Senate. A resolution was then introduced pledging each member of the conference to vote upon all occasions as a majority of the conference should direct To this obligation most of those present agreed. Doctor Townshend refused to give the requisite pledge, because eleven of the thirteen Free Soil members present were, to a greater or less extent, under obligations to the Whig party, and it appeared evident to him that such a pledge would compel him to act only with the Whig party, and contrary to the instructions of his constituents. Colonel Morse took a sim- ilar view of the situation, and also declined to give any pledge, believing, with bis Free Soil colleague, that if the Whig party could not be induced to support antislavery men or meas- ures, there might be a possibility of obtaining aid from the Democratic party. It should be understood that an antislavery and progressive spirit had begun to be manifest among some of the members of that party. In the State of New York this was still more apparent, anti- slavery Democrats being there known as Barnburners, in distinction from the unprogressive wing of the party who were known as Hunkers. In Ohio many young Democrats were par- ticipating in antislavery movements under the name of the Free Democracy. At the close of the conference referred to a resolution was introduced to exclude Morse and Townshend from future consultations. This served to convince those gentlemen that they occupied a common position, and must in future act together and independently of others. Had they submitted to the demands of the caucus, the Whig party would at once have secured the ascendency, and probably little or no antislavery progress would have been made.

Some time after this Mr. Chase came to Columbus to argue a case before the Supreme Court. He was waited upon by Morse and Townshend, and requested to draft a bill for the repeal of the Black Laws. This he did, and the bill was promptly introduced in the House by Colonel Morse. The Black Laws, very properly so called, prohibited the settlement of black or mulatto persons in Ohio unless they could show a certificate of their freedom. and obtain two freeholders to give security for their good behavior and mainten- ance in the event of their becoming a public charge. And unless the certificate of freedom was duly recorded and produced, it was made a penal offense for any white person to give employment to a black or mulatto. The common school system of Ohio made provision for white children only, and the children of black or mulatto persons were excluded from all common schoole. Worst of all, no black or mulatto person could be sworn or allowed to testify before any Court in the State in any case where a white person was a party. This exposed colored people to all sorts of wrongs, and left them without legal protection.

The arrangement by which these Black Laws were repealed and Mr. Chase elected to the Senate of the United States was as follows: William Allen was the choice of the Democrats for Senator, while Thomas Ewing was the choice of the Whigs. Most of the Free Soil members, with Colonel Morse, preferred Joshua R. Giddings, then Representative in Congress from Morse's district, and Townshend preferred Mr. Chase, but both of these Independent Free Soilers cared more for the election to the Senate of some reliable and strong antislavery man, than for that of any particular individual. Colonel Morse was therefore authorized by Townshend to propose to Whig members that if they would first aid in the repeal of the Black Laws and then in the election of Mr. Giddings to the Senate, he and his colleague would vote for the Whig candidates for the Supreme Bench, who at that time were chosen by the General Assembly. Doctor Townshend was authorized by Colonel Morse to make an equivalent proposition to the Democrats, to the effect that if they would first aid in the repeal of the Black Laws and in the election of Mr. Chase to the Senate, then the two Independent Free Soil members would aid in electing the Democratic nominees for the Supreme Bench. Both political parties were especially solicitous to secure a majority of the Supreme Court, because it was thought probable that questions growing

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POLITICAL EVENTS ; 1849-1853.

out of the division of Hamilton County might come before that Court for final adjudication. A large majority of the Whig members were willing to accept the proposition made to them by Colonel Morse ; a few members, understood to be only four, knowing the hostility of their constituents to the antislavery views of Mr. Giddings, or for other reasons, refused their assent to the arrangement. The proposition made by Doctor Townshend to the Democratic members was accepted; Colonel Morse's bill to provide schools for colored children, and to repeal all previous aets or parts of acts making distinctions on account of color, passed the House as drafted. The Senate made two or three changes in the bill which were not amendments. [Exclusion of colored men from jury service was not, at this time repealed .- A. E. L.] When the Senate and House came together in joint convention, Mr. Chase was elected Senator on the fourth ballot, and two of the Democratic candidates for the Supreme Bench were afterwards elected. Fortunately for antislavery progress, the Democratic party had at that time several popular candidates for the two judgeships, and to avoid controversy between their Friends the two Free Soilers were allowed their choice from the number. Whatever of praise or of blame attached to the agreement, coalition or bar- gain, by which the Black Laws were repealed and Mr. Chase elected to the Senate, the entire responsibility rests with Morse and Townshend. Mr. Chase neither suggested nor directed the arrangement.

The prolonged and bitter controversy which thus terminated had some very comical aspects. As Mr. Greiner, the State Librarian, refused to surrender the keys of the Statehouse, the Democratic members were obliged to remain in position day and night lest their rivals, the Whigs, might seize their strategical advantages. From nine A. M., on Monday, December 4, until Saturday, December 23, the watchful guardians of Democratic interests remained continuously at their posts, taking their meals and sleeping at their desks, and resorting to various curious expedients, meanwhile, to sustain and refresh their powers of physical endurance. Eager to make the most of the situation, the Whig newspapers of the State teemed with gibes over the personal extremities to which the Democratic legislators were brought, and contained many a rollicking innuendo as to the unmentionable por- poses to which their hats and boots were said to have been applied. The hat of Speaker Leiter was a special subject of jest, and furnished a choice theme for newspaper paragraphers and artists. In the slang of current contention the Whig side of the House was called Chuckery and the Democratic side The Rump. Aside from the rivalry in physical endurance, the proceedings of the rival factions con- sisted of little else, from day to day, than monotonous calling of the roll. On one occasion Doctor Townshend, rising to present propositions of comprise, char- acterized this legislative farce as " child's play," but immediately corrected him- self by saying that he would not so slander little children. The Ohio Statesman thus satirized the daily routine of the Whigs :

Chuckery, with its thirty men, Marched into the Hall, and then - Chuckery marched out again!

In a written communication to the author of this work Doctor Townshend says :

The confusion which resulted from the failure to organize the House can scarcely be described. In the Representatives' Hall of the Old Statehouse Mr. Leiter could be seen

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HISTORY OF THE CITY OF COLUMBUS.

occupying the Speaker's chair; the Democratic members were seated in front, or to the left of him. To the right of the Speaker's chair was the seat of General Holcomb, and to the right and in front of him were the Whigs; the Freesoil members were seated, some to the right and some to the left ; they usually answered the rollcall of both the other parties. Every foot of the Hall not occupied by members was often crowded by visitors who were not always more orderly than the members themselves. On one occasion Mr. George E. Pugh, standing upon a chair, was making an energetic speech ; at the same time, from a similar platform, Mr. Chauncey N. Olds was speaking with equal force ; then a third person, not a member, mounted upon a chair and commenced a furious harangue to which at once every one gave attention. Such were the forcible and expressive gestures of the new orator that even Pugh and Olds paused for a moment, and it was then found that the performance of the third orator, who was recognized as Peter Douglass, of Cincinnati, consisted wholly of panto- mime. He had not uttered a word ; a hearty and general laugh put an end to the uproar for the day.

This disorganization, continues Doctor Townshend, terminated unexpectedly. One of the Freesoilers whose sympathies were still to some extent with the Whigs, called on Mr. Townshend, the Freesoil nominee for Speaker, and promised to secure his election by Whig votes provided he would promise to resign as soon as the contests for seats were all settled, and allow a Whig to be elected in his place. This was regarded as an attempt to capture the independent Freesoil vote for the Whig party, and therefore at the next opportuity Town- shend and Morse voted for Breslin, the Democratic nominee, and he was elected Speaker. Stanley Matthews, who had been assistant editor of the Weekly Herald, the antislavery paper published in Cincinnati, was then nominated for Clerk of the House by Doctor Townshend, and immediately elected. A Whig was elected Sergeant-at-arms, and an organization was thus secured on January 3.

The Ohio State Journal of Monday morning, December 11, contained these cutting observations :

The House and city were quiet yesterday morning [Sunday ], during the previous night and all day. The Public Property is safe! Thanks to the snoring guardians of the public weal, the chairs, the desks, the inkstands, the sandboxes and the wafer boxes are all in their seats, and a full quorum present. On motion, at seven o'clock A. M., the roll was called - the Honorable member from Stark in the chair. . . The Chair declared " no quorum," and the " absent counties " were called but came not. After sassengers came stated preaching which was listened to with becoming reverence. After divine service the Honorable chairman refreshed himself with a short walk.

On Saturday, December 23, a proposition submitted by the Frecsoil members was adopted by which the House was temporarily organized with Mr. Leiter as Speaker and S. W. McClure, of Summit County, as Clerk. The members then paired and went home for a little holiday rest. On January 1, 1849, the claims of Pugh and Pierce were disallowed by a tie vote, 35 to 35, and those of Spencer and Runyan by a vote of 32 to 38. On January 3 a permanent organization of the House, with seventy members, was effected, John G. Breslin, a Democrat, of Seneca County, being elected Speaker.4 But the two independent Freesoilers still held the balance even between the two parties, and without their cooperation nothing could be done. After more tedious contention a settlement was finally reached, as narrated by Doctor Townshend, who, on January 25, reported from the Committee on Privileges and Eleetions in favor of the claims of the Demo- cratie contestants to be recognized as rightful Representatives of Hamilton

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County. In accordance with the understanding arrived at with the Democrats, the report was adopted and Pugh and Pierce were seated.5 This took place Jann- ary 26. On January 30 the bill repealing the black laws passed the House by a vote of 52 to 10 and on February 22 Mr. Chase was elected United States Senator. The choice of Rufus P. Spaulding and W. B. Caldwell as Judges of the Supreme Court immediately followed, and thus the consummation so much desired by the Freesoilers was completely effected.

Of course the Whig partisans and their organs were enraged by these results and " a corrupt bargain " was freely charged. Messrs. Townshend and Morse were especially singled out for unmeasured abuse. Many of the authors of that abuse lived to atone for it by peans of eulogy, and the men who were subjected to it now need no vindication. Time and the impartial judgments of men have amply performed that task, but this record would scarcely be complete without some local illustrations of the partisan detraction with which the two Representa- tives who forced the repeal of the black laws and the election of an antislavery Senator were visited. The phillippics of the Ohio State Journal were particularly bitter, and continued for many months. On the votes of Mr. Morse to seat Messrs. Pugh and Pierce its issue of February 5, 1849, made this comment :

A felony may be forgotton when its perpetrator has died-even a murder may pass unremembered after a time ; but when has a traitor or his treachery ceased to be detested ?

The same paper of February 12 approvingly quoted from the New York Tribune:

We use ealm words; yet we do not the less feel that the people of Ohio and the Whigs of the whole Union are the victims of a most scoundrelly conspiracy wherein Townshend is the chief actor and Morse the obedient tool.

On March 6 this, editorially :

It is asserted that Salmon P. Chase, our Senatorelect, is in favor of free trade. That he is a freetrader his diekering in such unwholsome articles as Messrs. Townshend and Morse is, we think, abundant evidenee.

On April 11, referring to the proposed revision of the State Constitution, this :

Were there 10,000 new constitutions, the General Assembly would be remarkable for nothing but its rascality, with such members as Townshend and Morse ; for its brutality with such as Rodter and Leiter ; for its barbarism with such as Mott and Monfort ; and for its revolutionary insanity with such as Whitman and Archbold.

Another issue of the State Journal which appeared during the continuanee of this paroxysmal humor, contained the following effusion from the pen of Mr. John Greiner :

BEELZEBUB'S CATTLESHOW - A DREAM.

I had a strange dream but a few nights ago ;

' Twas of being in hell, at a great eattleshow Where many came in ; for great competition Prevailed for the prize, at this exhibition.

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HISTORY OF THE CITY OF COLUMBUS.

There Beelzebub sat to decide in each case At this hell of a fair, in this hell of a place, With one servant only, a genuine Pat, Whom he kept for an usher. And this one, and that, As they came to exhibit at Beelzebub's fair, Were conducted by Pat up in front of his chair. Now each one that came to compete at this place Was judged hy his "turpitude, guilt and disgrace ; " If they'd any good qualities, so much the worse, For they went to their debit, as a matter of course. And in fact ' twas agreed that he who was worst In the scale of hell's merit should surely stand first. This being the case, as one might well know, A strangelooking company came to the show. There was Judas Iscariot, who his Master betrayed ; And fair young Delilah, that treacherous maid ; And old Ananias, who lived ont his life,

Link'd in with Sapphira his perjurous wife ; And a long train of others - ten thousand or more - While the rear was brought up by Babylon's w - e. Old Beelzebub viewed them from front to the rear ; Then turned round to Pat and says, " Paddy, come here; " "At your sarvice," says Pat, " just your will let me know." " Well, on whom shall I, Pat, this prize here bestow ?" Pat cock'd up his eye, shrugged his shoulders, and swore, That " the prize is due, shure, to that baste of a w -e As the wickedest crayther since the days of old Noah." But just at that moment wide opened the door. And in, with great haste, strutted two subjects more. " Be saited," says Pat -" No, we'll stand where we are

" Till we find whether this is the place of the fair." "'Tis the place of the fair," old Beelzy replies ;

"And we are about to dispose of the prize.

" Do you wish to compete ?" "Well, we do, horse."

"And what are your names ?" "They are Townshend and Morse."

"Och, faith !" cries Pat, " what a beautiful pair !

"They'll take the shine off anything at the fair!" Old Beelzy turned round, whispered Pat in his ear, And said: "Pat, have you knowledge of these fellows here ?"

"Indade, that I have; I know them full well,

"And they cannot be bate in the regions of hell.

" Why, mon, they're the chaps that kicked up that rumpus

"Away up there on earth, in the town call'd Columbus,

"And I know full well that you know them," said Pat ;

" For you can't have forgotten about Leiter's auld hat ; "And you must remember what a terrible stew

"They got into for voting for Pierce and for Pugh."

"Ah! I know," says old Beelzy, "and ' twas an unlucky hour " That brought to my kingdom this ' Balance of Power,'

"And I fear, my dear Pat," (and he uttered a groan)

"That this 'Balance of Power ' will oust me from my throne."

" Oust you from your throne! Why, you need have no fear,

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POLITICAL EVENTS ; 1849-1853.

"There's a hell where they live that's worth two of this here ;

" With a Chase and a Hamlin, and such devils in it,

" So never you fear, no not for a minute,

" But give them the prize - they're desarvin' it shure,

"And send them off home, and your throne is secure."

He took Pat's advice, as a matter of course,

And declared off the prizes to Townshend and Morse.

Pat then made a speech in true Irish style,

And closed by suggesting three cheers for Free Sile ;

All hell gave a shout - a most terrible scream --

Which broke up my slumber and ended my dream.

During the legislative session of 1849-50 the apportionment law which had caused the deadlock in the House gave rise to renewed controversy in the Senate. That body, consisting of thirtysix members, half of whom had held over from the preceding General Assembly, convened December 3, 1849, and, there being then no Lieutenant Governor, was called to order by a Democratic member, James Myers, of Lucas County. It had fallen to the lot of Hamilton County to elect one of the new Senators, and the seat thus to be provided for was claimed by William F. Johnson, Democrat, who presented a certificate of election by the voters of the county; and Lewis Broadwell, Whig, who presented an abstraet showing that he had received a majority of the votes cast in the first eight wards of Cincinnati. Both the contestants were sworn in, but as to which should have the disputed seat the Senate divided on party lines. Eighteen votes were cast for Broadwell to seventeen for Johnson, but inasmuch as the chairman and clerk recognized Johnson and refused to recognize Broadwell the votes on all questions of organization resulted in a tie. Finally, on December 28, Harrison G. Blake, of Medina County, received sixteen votes on the three hundred and first ballot, and was declared by the chairman to have been duly elected Speaker. Blake, at the first opportunity, recognized Broadwell, although it was claimed that he had pledged himself not to do so until the Senate had for- mally passed upon the Hamilton County contest. The Clerk, who had held over from the preceding Senate, still refusing to call Mr. Broadwell's name, the Speaker, Mr. Blake, called it himself. This provoked much bitter feeling, and on January 3 Mr. Lucian Swift, of Summit County, offered a resolution reciting by preamble that Blake, in consideration of Swift's vote for him for Speaker, had given pledge not to recognize Broadwell in advance of formal action upon his claims, and declaring, in consequence of the violation of this pledge, Blake's deposition from the speakership. Mr. Blake thereupon vacated the chair, but was obliged by his partisans to resume it, and after doing so ruled Swift's resolu- tion out of order. An appeal from this decision precipitated a violent controversy which continued until January 17, when resolutions were adopted authorizing Mr. Johnson to retain his seat until his claims to it should be passed upon by the Committee on Privileges and Elections. Resolutions removing the Speaker were then successively introduced by Senators Swift and Myers, but were ruled out of order, as was also an appeal from the ruling. The controversy and blockade of

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legislation had thus continued nearly seven weeks when, on January 18, Charles C. Convers, of Muskingum County, was by undisputed choice elected Speaker, and the organization of the Senate was at last complete. Mr. Johnson retained his seat until February 27 when, by a vote of 14 to 13, he was obliged to relin- quish it to Mr. Broadwell, who was sworn in as Senator from the First District of Hamilton County.

We now resume the chain of political events, interrupted by these legislative episodes.

The Eighth of January, 1849, was celebrated by a Democratic supper at the American House. Colonel James Parker, of Perry County, presided, and addresses were delivered by Judge Wood and Messrs Pugh, Morgan, Whitman, Rödter and others. On February 22 a supper, given by Mr. Chase, United States Senatorelect, took place at the American. The principal speaker of the evening was Judge R. P. Spalding. In March, 1849, a Joint Resolution was passed by large majorities in both Houses of the General Assembly, submitting to a vote of the people the question of calling a convention to revise the Constitution of the State. A popular verdict was given in favor of the convention by a decided majority of the votes cast in the ensuing October election.

1850.

The Eighth of January of this year was celebrated by the usual Democratic banquet. The Democracy held their State Convention on the same date, Samuel Medary presiding. A Whig meeting of citizens and sojourners was held at the Old Courthouse February 4. General E. R. Eckley, of Carroll County, presided, and resolutions were adopted opposing slavery extension and favoring the admis- sion of California to the Union, with an antislavery constitution. A State Free- soil eonvention met at the Old (United States) Courthouse May 2, Rev. Edward Smith presiding. Resolutions were adopted reaffirming the Buffalo platform of 1848, condemning Webster and other Northern statesmen for abandoning the Wil- mot Proviso ; and adhering to separate party organization. The Whig State Convention assembled May 6, at the Odeon. Simeon Nash was its temporary and David Chambers its permanent chairman, William Johnston, of Hamilton County, was nominated for Governor. The resolutions adopted opposed the extension of slavery to any new territory to be thereafter organized. The " friends of univer- sal peace " held a convention at the Old Courthouse May 18. Their resolutions favored a "Congress of Nations." The State Constitutional Convention, elected April 1 in pursuance of an act passed in February, assembled in the Hall of Representa- tives May 6. The number of its members, corresponding with that of Senators and Representatives in the General Assembly, was one hundred and eight. By reason of the cholera epidemic which broke out in midsummer, it adjourned July 8 to reassemble in Cincinnati on the first Monday in December. Its work was com- pleted March 10 and ratified by vote of the people June 17, 1851. The death of President Taylor took place and was announced July 9. As a manifestation of

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History of the city of Columbus, capital of Ohio, Volume II, Part 53

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co Publication date: 1892 Publisher: New York and Chicago : Munsell & Co. Number of Pages: 1196

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co
Publication date: 1892
Publisher: New York and Chicago : Munsell & Co.
Number of Pages: 1196