USA > Ohio > Ohio statesmen and annals of progress, from the year 1788 to the year 1900 > Part 6
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39
ANNALS OF PROGRESS
action of the two Houses on the 25th The art of ratification was curled and signed on December 30.
On the 7th day of January the Senate met the House of Representatives. In this hall of the latter, and the two bodies jointly clented the following military officers
John S. Gano, Major General and Daniel Svinmes Quartertomates Giment Fire Division, Nathaniel Massie, Major General and David Bradford Quadernode General, Second Division, Joseph Buell, Major General, and Samuel Carpenter Quartermaster General, Third Division, Elijah Wadsworth, Mabor Gomeral' And Brice Viers Quartermaster General, Fourth Division.
An enumeration of all the " free white inale citizens of the age of 21 year." in the respective counties was made to the Senate, je follow. Admin on; Benen. 1.030: Butler, 836 ; Clermont, 755; Columbiana, 512. Fairfield, 1,010, Franklin av. Gallia, 307 ; Greene, 446; Hamilton. 1.700; Jefferson, 1,533, Montgomery, 524: Rum 1.9S: : Scioto, 249; Trumbull, 1,111 , Warren, SH . Washington. 1. 246, 4 totul 18 14.765
The committee on Privileges and Elections allotted the terms of the Sabatina re- cently elected to the body as constituted, when it met, as follow. .
Senators for a term of one year: Tappan, Buell, Ward, Bigger Two years Milligan, Vance, Claypool, Kirker. Sargent, Backus, Symurs, Schenck. The teem of Ward, Well- and Slaughter were terminable with the one year terme
HOUSE OF REPRESENTATIVES.
LANGHAM, ELIAS, Speaker. HOFFMAN, GEORGE. CIFEL.
BETZ, ADAM, Doorkeeper.
Abbott, David . .
Trum.
Jackson. W'm.
Beecher. Philemon
. Fair.
Kibbes, Ephraim
Ham. 02
Beeson, Richard
Jeif .. Col.
Langham, Elias Rs . c'e
Creighton, W'm., Sr
R ... Frk.
McClure, W'm
Collier. Daniel
Ad., etc.
Mckee. Joseph
Dillon, Josiah
Bel.
Miller. Ichabod B
Ham. ct
Dick, Samuel
Ham .. War., But ..
Mills Charles
Quimby, Ephraim
Trua
Dodds, William
Mont .. Gre. Ham .. etc.
Shepherd, Abraham
Dunlap, James. .
. R .. , etc.
Sloane. John.
Dunlap, Samuel
Jeff., etc.
Smith, James,
Evans, John
R -. , etc.
Taylor, Jonathan
Chir
Feagans, Daniel. Sr. . Cler.
Wallace, John
Fulton, Jesse
Wa -. , Gal.
Wood, Stephen
H-i,et-
Garard, Abner
Gass, William.
Ham .. etc. Fair.
W'right. John
Ad, Co
The members responding to their names upon a call of the counties were . Cil lier. Shepherd, Dillon, Taylor, Fragan-, Beecher, Ga-s, Wallace, Miller, Garnit. Dick. Dodds, Kibbey, McClure, Wood, Beeson. Dunlap (Jefferson. etc / slimme, Creighton Dunlap ( Ross, etc.) Abbott, Jackson and Mills. The remaining tienen subsequently appeared and were seated.
A quorum being present. the House organized temporarily by choming Eleve Langham, Speaker, James Mason, Clerk. and Adam Betz. Deorkeeper, all pres teugnies Governor Tiffin's annual message was received and read en the sixth, and thirty five copies of the same with accompanying documents ordered to be printe l.
December 7th the House elected Elias Langham, of Ress, Speaker, and Grurge Hoffman, Clerk, and continued Adam Betz as Doorkeeper at the pleasure of the House.
40
ÓHIO STATESMEN.
Andrew Marshall, of Belmont, filed a memorial to contest the seat of Josiah Dillon ; William Wood, of the same county, filed a memorial to contest the seat of James Smith. On the tenth the House declared Dillon legally elected over Marshall. On the twelfth it declared Smith was legally elected over Wood.
On the seventeenth of December the House passed, fifteen to fourteen, the fol- lowing Senate Joint Resolution :
" Resolved, by the General Assembly of the State of Ohio, That the measures taken by the Government of the United States to secure to the citizens the free and uncontrolled navigation of the Mississippi river, and to obtain the right to, and the possession of, the Province of Louisiana, merit the approbation of this Assembly."
Messrs. Abbott and Beecher gave notice that a protest against the action of the House would be filed for record on the Journal. On the nineteenth the protest was entered, signed by Messrs. Kibbey, Abbott, Beecher, Smith, Dillon, Wallace, Gar- ard, Dick, Miller, Dodds, MeClure, Fulton, Taylor and Feagans.
The protestants declared that they were in sympathy with the attitude of the government, but that was 'inconvenient, useless and absurd for a legislative body convened for useful, necessary legislation " to confer "faint and unavailing en- comiums on the agents of the constituted powers for performing that which they are required to do by constitutional appointment."
On the twenty-sixth the House received the special message of Governor Titlin, transmitting the amendment to the Federal Constitution relating to the election of President and Vice-President. A committee of two was appointed to draft a bill of ratification which was subsequently concurred in by both Houses.
But it was passed in the House with some difficulty, after having been reported from the Committee of the Whole. On a vote to disagree to the report which rec- ommended rejection of the bill, it stood fourteen to fourteen. On a motion to reject it again it stood fourteen to fourteen. The point was made that Mr. Fulton of the negative was not in his seat when he voted, and the question was taken as to his right to vote, which resulted yeas 3. nays 24, so the bill was rejected. On the twenty- eighth the vote was reconsidered, and on motion to disagree to the report of the committee to reject, the vote stood yeas 15, nays 13. Whereupon the bill was recom- mitted to the Committee of the Whole, and after some verbal amendments, was agreed to unanimously.
Joseph McKee, of Jefferson, was the last member of the House to appear and take the oath, which he did on the thirty-first of December.
On the fourth of January, 1So.4, the House passed a bill dividing Washington county and erecting therefrom Livingston county. Afterward amended by the Senate to Muskingum. County seat is Zanesville.
On the sixteenth of February both Houses met in joint convention in the Hall of Representatives for the purpose of electing associate justices for Muskingum county, and filling muy vacancies which might exist. The following were chosen: For Muskingum, David Harvey, John Campbell, Wmn. Wells. For Adams county, Need- hun Parry, vice Joseph Darlington, resigned. For Greene county, Joseph Tatman, vice Win, Mnawell, resigned. Warren county, Jacob. Reeder, vice William James, resigned. Washington county, Silas Bent, Jr., and Joseph Barker, vice Dudley Woodbridge and Joseph Buell, resigned.
The act creating the county of Muskingum was passed January 7, 1804. The name of the county, as originally proposed, was Livingston, but was amended to
ANNALS OF PROGRESS.
Muskingum before the final passage of the act by both Hims.k. It was erected partly from Washington and party from Fairfield.
A general act defining crime and prescribing punishment then &m, por pan- Treason, murder, rape, malicious maiming and arson in the first diges weer wall punishable by death. Manslaughter, arson In the second degree, toiming with: malice, by fine of not more than $1,000 or imprisonment not exceeding the grass. Perjury and subornation of perjury the same penalty, with disfr-ochian -. nl adileit Forgery 30 lashes and a fine equal to the sum fraudulently obt-ined. am! dirfranchie ment. Counterfeiting 39 lashes, not exceeding $1,000 fine and disfrenchiement Burglary not more than $500 fine or imprisonment not exceeding one year. Ruller for the first offence, 59 lashes ; for the second, 100. Horse stenling for the first & fines, 59 lashes ; for the second, 100. Larceny for the first offence, 15 lashes; for the leonnd, 30. Smaller offences were less severely punished by fines and imprisonment.
An act was passed permitting aliens to acquire ownership in lands, Regulating the admission of attorneys to practice law. For the opening and improving cf roads, etc.
OFFICIAL DIRECTORY, 1804-1S05.
Governor-EDWARD TIFFIN.
Secretary of State-WM. CREIGHTON, JR.
Treasurer of State-WM. MCFARLAND.
Auditor of State-THOMAS GIBSON.
Supreme Judges-SAMUEL HUNTINGTON, W'M. SPRIGG, DANIEL SYMMES
Adjutant General-SAMUEL FINDLAY.
THIRD LEGISLATIVE SESSION, 1804-1505.
Met December 3, 1804. Adjourned February 22, 1805.
SENATE.
SYMMES, DANIEL, Speaker.
PRITCHARD, JAMES, Speaker.
SHERLOCK, EDWARD, Doorkeeper.
Senate met at Chillicothe, Monday December 3. 1So4, and was constituted as follows :
Bigger, John War., Mont., Gre.
Sargent, James Cler.
Buell, Joseph. Was., Gal., Musk.
Schenk, Wm. C War .. etc.
Slaughter, Robert Fair.
Kerr, Joseph. R.s., etc. Snider, Cornelius. Ham.
Symmes, Daniel Han.
Milligan, John.
Jeff , Col.
Tod, George .. Trin.
Pritchard, James Jeff., etc.
Vance, William B=1
The following Senators answered at roll call : Messrs. Kirker. Vance, Sargent. Milligan, Pritchard, Claypool, Kerr, Tod and Buell. They not constituting . querun. of two-thirds of the Senators elect, adjournment was taken to the next day.
On the fourth Messrs. Snider and Bigger appeared, constituting the quorum. The remaining Senators appeared subsequently. The Senate pricee led to organise.
Thomas Kirker, of Adams, was elected Speaker pro tempore, Thomas Soit. Clerk, and Edward Sherlock, Doorkeeper. On the same das Gov. Tien's annual message was received and referred to the Committee of the Whole. Among its recommendations was the enactment of an entirely new code of criminal law, the
SCOTT, THOMAS. Clerk
Claypool, Abraham Rs. Frk.
Kirker, Thomas. Ad:, Sci.
42
OHIO STATESMEN.
Territorial statutes being conflicting and ineffective. The promotion of education was also strongly urged.
On the sixth of December, the Speaker received a communication from Gov. Tiffin, calling attention to the fact that John Campbell, who had been elected Asso- ciate Judge for Muskingum county at the previous session of the Legislature, was not a resident of the State and therefore could not take the office.
On the eighth the Senate elected Daniel Symmes, of Hamilton, as Speaker.
On the nineteenth the Senate adopted a House Joint Resolution declaring it inex- pedient to amend the Constitution of the United States, as proposed by the Legisla- ture of Massachusetts, to apportion members of Congress according to the number of free inhabitants. The vote stood yeas, Bigger, Buell, Claypool, Kerr, Milligan, Pritchard, Sargent, Slaughter, Snider, Tod and Symmes-11. Nays, Schenck and Vance-2.
The resolution had passed the House on the fifteenth of December by a vote of twenty-seven to one, Mr. Cooper alone voting in the negative. The action of the two Houses was duly certified to the Legislature of Massachusetts. On the twenty fourth of December Joseph Kerr, of Ross was chosen Speaker, pro tem.
December 28, Gov. Tiffin notified the Senate that Wm. Goforth, James Pritchard and Nathaniel Massie, who had been chosen - Presidential electors, had been duly no- tified of their election. They cast the electoral vote of Ohio for Thomas Jefferson for President.
On the twenty-first of February the Senate was notified by Wm. Patton and John Sloane, managers on the part of the House. Wm. W. Irwin, an Associate Judge for the county of Fairfield, had been impeached of "a high misdemeanor and neglect of official duties " and that articles of impeachment would be presented to the Senate in due tinie.
On the twenty-second the following single article of impeachment was "filed and exhibite 1" in the Senate : "Article the first. That said William W. Irwin, an Associate Judge as aforesaid, did on the second day of the term of the Court of Common Pleas, held in New Lancaster, in and for the county of Fairfield, in the month of Novem- ber, in the year of our Lord one thousand eight hundred and four, wilfully absent himself from the Court aforesaid : in consequence of which all further proceedings in said Court for that term, was finally stayed, and after waiting for his return until the third day of the term aforesaid, and he not appearing, the President was necessitated to adjourn said Court."
The Senate adopted the necessary resolution- to conduct the trial on impeach- ment, appointing James Denny as Sergeant at- Arms for the Court. A summons was regularly issued by James Pritchard, of Jefferson, Speaker of the Senate, who had been elected the day previous to the office, upon the resignation of Daniel Symmes. The summons required him to appear before the Senate at Chillicothe, and answer to the article of Impeachment on the second Monday of December, 1805.
Mr. N. Willis, who had the contract for the State printing, did not have the Laws and Journals ready for distribution until the last week in June following the session, and was brought before the committee of the two Houses for explanation. He stated that they were more voluminous than contemplated, and his stock of paper being ex- hausted, it required several weeks to procure the same. The explanation was deemed ren onable.
43
ANNALS OF PROGRESE
HOUSE OF REPRESENTATIVEE
BALDWIN, MICHAEL, Speaker. FOLTos, Jous A, Gert
BETZ, ADAM, Doorkeeper
The House of Representatives met at Chillicothe at 10 A.M. Monday, December 3. 1804, and its membership was constituted as follows .
Bair, Rudolph. .Col.
McCune, Thomas
Baldwin, Michael
R ... Frk.
Mc LaughIn, John
Ball. Ezekiel.
But.
Patton W'm.
Burr, Peter.
War.
Price, Hezekiah
Carhart, Seth
Was. Gal.
Reeee, David
Fair
Cooper, Daniel C
Mont.
Richardson, Matthew
BAL
Corwin, Mntthins
W'ar.
Shepherd, Abraham
Dunlap, James
Rs., etc.
Sloane, John
Gass, William
Fair.
Spofford, Amos Tram
Hatch, Elijah
Was., Musk.
Sterritt, John
Hline, Homer . Trum.
Stewart, John
Higgins, Robert
Cler.
Waller, Thomas Ad, etc.
Lewis, Philip, Jr
Ad., Sci.
Willey, Judah
Marvin, Ezekiel.
Was., Gal.
Wilson, Thomas
McArthur, Duncan
, etc.
Wood, Stephen
H.
Upon a call o the roll by counties, the following members answered and were sworn: Baldwin, Dunlap. McArthur, Patton, Hatch, Marvin, Corwin, Burr, Comper, Rees. Gass, Ball, Richardson, Wood, Wilson. Stuart. Shepherd, Waller, Lewis Ster ritt, McCune, Sloane, Me Laughlin. Spofford, Hine and Higgins. The absentees ( who subsequently appeared and qualified ) were Bair, Carhart, Price and Willes.
The required quorum being present, a pro tempore organization was nerle ax fol. lows : Speaker, Michael Baldwin, of Ross; Clerk, John A. Fu'ton, Doorkeeper. Adam Betz.
James Thompson, of Butler, filed a contest against Mr. Cooper. Decided adverse to Thompson December 9.
David Shelby, of Ross, filed a contest against Mr. Mc Arthur. Decided adver to Shelby December 7.
Gov. Tiffin's annual message was received, read and appropriately referred on December 4. Among the "exhibits" submitted with the message was a report bir Gen. Rufus Putnam, relating to the vendue of house and outlots, at Athens, survevel from the lands. "upwards of 11,000 acres," appropriated to the University -t Athens. The money realized was $2,223.50, the average price of "house lots" being $43.33 . and outlots thirty-nine cents.
Exhibit four contained the following list of appointments made by the Guverner during the legislative recess :
Jesse Fulton, Associate Judge, Muskingum county, vice Wmn Wills resignel.
Levin Belt, President Judge, Second Circuit, vice Wylly- Silliman, resigned
Ezekiel Deming, Associate Judge, Washington county, vice Joseph Barker, re- signed.
Richard McBride, Associate Judge, Muskingum, vice David Harvey, resigned. Matthew Nimmo, Associate Judge, Hamilton, vice Michael Jones, resigned.
Thomas Patton, Associate Judge, Jefferson, vice James Pritchard, resigned.
John Hutt. Associate Judge, Ross, vice Wm. Patton, resigned
Isaac Cook, Associate Judge. Ross, vice Felix Renick, resigned.
Samuel Reed, Associate Judge, Scioto, vice Thos. W. Sweeney, resigned.
44
OHIO STATESMEN.
A vacancy caused by the death of Judge Green, of Washington, and the resigna - tion of Judge Meigs, of the Supreme Court, was announced.
On the fifth Michael Baldwin was elected Speaker of the House and took the customary oath.
December 11 the House- met in joint convention and elected Hallem Hempsted, Associate Judge of Washington county, vice Green, deceased.
The House granted the Presidential electors the freedom of its hall to hold their official session.
On the third of January, 1805, the House chose John Sloane, as Speaker pro tem.
January 21 the House passed a resolution asking the U. S. Government to estab- lish a port of entry "at the mouth of Cuyahoga river in Trumbull county," which the Senate had previously adopted.
A resolution looking to the impeachment of Associate Judge Wmn. W. Irwin, of Fair- field county, for high misdemeanor and neglect of duties, was passed by the House on the thirtieth of January and sent to the Senate.
A large part of the second of February was passed by the House in Committee of the Whole, considering A bill to encourage the killing of wolves and panthers," etc.
February 7 the two Houses met jointly and elected Daniel Symmes, Supreme Judge, vice Meigs, resigned.
Robert F. Slaughter, President Judge of the Second Circuit, vice Wyllys Silli- man, resigned.
Matthew Nimmo (also spelled Nimms), Associate Judge, Hamilton county.
Jesse Fulton, Richard McBride and Seth Carhart, Associate Judges, Muskingum.
Isaac Cook and James Armstrong, Associate Judges, Ross county.
Sammel S. Reed, Associate Judge, Scioto.
Ezekiel Deming, Associate Judge, Washington.
Thomas Patton, Associate Judge, Jefferson.
On the sixteenth of February Gov. Tiffin sent a special message notifying the House that Daniel Symmes had resigned the office of Quartermaster General of the First Division.
On the twenty-first the two Houses met in joint session and elected the following officers :
John Bigger, Quartermaster General, First Division.
Win. Jackson, Jchiel Gregory and Sylvanus Ames, Associate Judges, Athens county.
Henry Weaver, Associate Judge, Butler, vice John Kitchel, deceased.
John Reynolds, John Runyan and Samuel Mccullough, Associate Judges, Champaign.
Joshua Davidson, Jonathan Berriman and Richard Evans, Associate Judges, Highland.
Win. Mitchell, Associate Judge, Muskingum, vice Seth Carhart, declined, being ineligible us a member of the Legislature.
On the twenty-second the House adjourned sine die, as did the Senate.
Counties were established as follows during this session of the Legislature :
February 15, 1505. Highland, territory detached from Ross, Adams and Cler- mont. The name originally designed for the county was Rockland.
February 20, 1505. Athens, territory detached entirely from Washington.
February 20, 1505. Champaign, territory detached from Franklin and Greene.
45
ANNALS OF PROGRESS
On the twenty ninth of December, 1804. all that part f Gadla omirity lying wed of the seventeenth range of townships was attached to Sel to party
Among the acts of the session was one regulating black ast mulatto jemas and prescribing the manner in which they might become realdgets as inhabitants of the State. They were first required to present to the clerk of the manty a certificate issued out of some Court having a seal, that they were free persone Their Games and the names of their children, if any, were entered en a record, with @ dev ription of the persons by the clerk to whom presented. Every ccioni voar thereafter, the certificate must be presented and re-entered, and upon removal to another coute t must be presented and re-entered there. A suitable bond signed by a white from holder was also required, conditioned that the colored person should never beon a public charge.
No person was permitted to harbor or employ any black or mulatty, why fallet to exhibit such a certificate, and in case they did, and any person claiming the owner ship of such black or mulatto, was entitled to recover fifty cents a day during the time such person was employed or harbored. Whoever harbored or secreted a black or mulatto person, the property of another was liable to a tine of not less than ten dailery nor more than fifty dollars for each offence. Any owner, priwing property rights in. a black or mulatto, was entitled to possession of the same.
OFFICIAL DIRECTORY, 1505-1506.
Governor-EDWARD TIFFIN
. Secretary of State-W'M. CREIGHTON, JR.
Treasurer of State-WM. MCFARLAND. Auditor of State-THOMAS GIBSON.
Supreme Judges-SAMUEL HUNTINGTON, WILLIAM SPRIGG, DANIEL SYMME .. Adjutant General-SAMUEL FINDLAY.
FOURTH LEGISLATIVE SESSION, 1505-1506.
Met Monday, December 2, 1805. Adjourned January , IM. LEVAIE.
PRITCHARD, JAMES, Speaker. SCOTT. THOMAS, Clerk.
SHERLOCK, EDWARD. Doorkeeper.
The Senate met at Chillicothe at to A. M. Monday, December 2, Dos, and was constituted as follows, all the Senators, except Messrs. Buell and Hempseed twing present at the roll call, and appeared later in the day :
Bigger, John. ... War., But., Mont .. Gre. Pritchard. James
Jeff , etc.
Buell, Joseph .... Was, Gal., Musk., Ath. Fair. Burton, Jacob
Sargent. James Cler.
Sharp, Joseph Bel.
Hempsted, Halle m Wash., etc. Hough, Benjamin Jeff., Col.
Snider, Cornelius
Kerr, Joseph Rs .. Frk. 1
Tod. George
Kirker, Thomas.
Ad., Sci.
Wood. Stephen
McArthur, Duncan Rs., etc.
Smith, Jacob War. cte.
A pro tempore organization was effected as follows : Speaker, James I'ritihard of Jefferson. Clerk, Thomas Scott. Doorkeeper, Edward Sherlock.
On the fourth of December the foregoing offices were chosen regularly for the session.
46
OHIO STATESMEN.
On the third the Senate metzin joint session with the House and canvassed the vote for Governor. An inspection of the returns showed that Edward Tiffin had re- ceived 4,783 votes, and that no votes had been cast for any other person.
Thus the first Governor of the State was twice chosen unanimously, an honor not bestowed on any of his successors. He was duly inaugurated on the fourth in the presence of the two Houses, and delivered a somewhat lengthy address, it being in fact his annual message to the General Assembly delivered in person.
The report of the State Treasurer showed that $17,725 had been expended during the year in the superintendence and construction of 1,030 miles of public highways.
A hill " To encourage the killing of wolves and panthers" was duly signed on December 26, providing bounties for the scalps of those animals.
The impeachment trial of Judge Irwin, of Fairfield county was held, begin- ning on the 5th of December and continuing on the 6th, 7th, 9th, 10th and 11th, 1805, and January 6th, 7th, Sth, 9th, 10th and rith, So6.
The actual charge was a "high misdemeanor and neglect of duties," in refusing to meet with the President and other Judges of the Court of Common l'leas in and for the county of Fairfield, and for speaking slightingly of his responsibilities, etc.
The High Court of Impeachment was constituted as follows: Senators Bigger, Buell, Burton, Hempsted, Hough, Kerr, Kirker, McArthur, Sargent, Sharp, Smith, Snider, Todd, Wood and Pritchard (Speaker).
Managers on the part of the House, Representatives lline, Shepherd, Lewis and Langham.
Sergeant-at-Arms of the Court, Wm. Creighton, Sr.
The following oath was administered by the Clerk of the Senate to the Speaker of that body : " You do solemnly swear that in all things appertaining to the trial of mpeachment of William W. Irwin you will do impartial justice according to the Con- stitution and laws of the State of Ohio." The Speaker, in turn, administered the same oath to the other Senators.
Elijah B. Marvin, F. Mchenry and J. N. Couch appeared as counsel for Irwin, and asked for a postponement until the second Monday in January, which was unan- imously refused.
The trial was conducted with due formality in the hall of Representatives who attended in support of the managers. From time to time the High Court retired to the Senate Chamber for consultation.
Counselfor Irwin filed a protest against the proceedings of the House in framing the articles of impeachment. The defendant afterward withdrew the protest, and the further hearing of the case was postponed to Monday, January 6, 1806.
On that day the defendant, through his counsel, filed a demurrer to the impeach- ment After argument by counsel and managers, the Court by a vote of fourteen to one, overruled the demurrer. Senator Kerr in the negative.
Defendant then, through his counsel filed his answer and explanation. Follow. ing witnesses were sworn, examined and cross-examined : Levin Belt, Henry Brush, on behalf of the managers. Philemon Beecher was sworn und examined on behalf of respondent
After argument by managers and counsel, this question was submitted by the Speaker to ench Senator .
" Mr. - , how say you, is the respondent, William Irvin, guilty or not guilty
47
ANNALS OF PROGRESS
of a high misdemeanor and neglect of official duty, as charged in the articles of im- peachment ?"
Senators Bigger, Buell, Burton, Hempsted, Hough, Kirker, MeArthur, Sargent Sharp, Smith, Snider, Tod, Wood and Pritchard [ Speaker | Answered . Chiity Senator Kerr answered " Not guilty."
The order of the Senator finally made was " That Win, Irvin shall be and i hereby removed from the office of an Associate Judge of the county of Fairsell"
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