SATURDAY, DECEMBER 11, 1841.

The Senate met pursuant to adjournment.

Mr. Stanton presented two petitions from citizens of Ohio, for the location of a free turnpike road from Bellefontaine, in the county of Logan, through the counties of Allen and Vanwert, to the Indiana State line; which was

Referred to Mr. Stanton.

Mr. Clark presented a petition from 268 citizens of the county of Lucas, praying for the sale of lands forfeited to the State by the nonpayment of taxes; which was

Referred to the standing committee on Finance.

Mr. Clark also presented a petition from 245 citizens of the county of Lucas, praying that so much of the Erie and Kalamazoo Railroad, as lies in said county, may be subjected to taxation; which was

Referred to the standing committee on the Judiciary.

Mr. Holmes presented the memorial of Dr. John W. King, of Covington, Ky., on the subject of Federalism, or the question of exclusive power, as the true issue in the present monetary and political discussions in the United States;

Which was laid on the table and the printing dispensed with.

Mr. Bartley presented a petition from citizens of Clear Creek township, in the county of Richland, in relation to a school district; which

was

Referred to the standing committee on Schools and School Lands. Mr. Waddle, from the standing committee on Roads and Highways, made the following report, which was agreed to, to wit:

The standing committee on Roads and Highways, to which was referred the petition of citizens of Seneca county, asking further time for the performance of labor on the public roads, have had the same under consideration, and are of opinion that the prayer of the petitioners ought not to be granted.

The committee therefore ask to be discharged from the further consideration of the subject; and that the petitioners have leave to withdraw their petition.

Mr. Taylor, from the standing committee on the Currency, to which was committed the resolution in relation to the appointment of Bank Commissioners, reported the same back, with amendments, and the whole, on motion, was laid on the table.

Mr. Aten, from the joint standing committee on Enrolment, made the following report:

The joint standing committee on Enrolment, have examined and compared Senate resolution, instructing our Senators and requesting our Representatives in Congress, to use their exertions to have the

law passed at as early a day as possible, apportioning the representation in Congress among the several States, and do find that the same is correctly enroled.

Mr. Crowell, from the select committee on that subject, reported a bill (S. No. 8,) "to incorporate the First Presbyterian and Congregational Church and Society of Bazetta, in the county of Trumbull;" which was read the first time.

Mr. Thomas, from the select committee to which was referred the following resolution in relation to an assistant Sergeant-at-arms, to

wit:

Resolved, That the Sergeant-at-arms of the Senate be authorized to appoint an assistant, whose compensation shall be for each day he shall serve as such assistant;

Made report, and recommended that the blank in the resolution be filled by inserting the words "one dollar and fifty cents," as follows:

The select committee, to whom was referred the resolution to authorize the Sergeant-at-arms to employ an assistant, and to fix his com. pensation, reports:

That, although it may be considered by some that the object contemplated in the resolution, is not worthy of any serious consideration, involving, as it does, a matter of no great pecuniary magnitude; yet, it cannot be doubted but that the Senate, by the act of reference to your committee, have expressed a decided opinion to the contrary; and that all matters, however minute they may be, which come within the scope of their duties as legislators, shall not be considered as beneath the notice of the Senate of Ohio. It is certainly proper that the doctrine by which all the public functionaries of the corrupt governments of the earth regulate their conduct, namely, that the people are the legitimate objects of plunder for the especial benefit of the office holders, should be chastised and whipped from among any people who would enjoy the blessings of free government-for it is but mockery to call that government free, in which corruption flows through all the channels of its administration.

It is highly gratifying to your committee, to see the manifestation of a settled purpose on the part of the Senate rigidly to guard against and prohibit any expenditure of the public treasure, which can be dispensed with without detriment to the public service; and, moreover, that they are not unmindful of the precepts of that great code of morality and religion which sways the minds of all men in all Christian communities. It is there declared, that "he that is faithful in that which is least, is faithful also in much; and he that is unjust in the least, is unjust also in much."

Your committee has not been able to ascertain at what period the employment of an assistant by the Sergeant-at-arms had its beginning. This practice has not, nor has it ever had, in this State, the sanction of law. The first notice of this employee, which is to be found in the doings of the General Assembly, is to be found in a resolution adopted

on the 14th day of March, 1835, which provides for the payment of each assistant the sum of two dollars and fifty cents per day. This practice has been sanctioned by the Legislature from that time to the present, but at each subsequent session with an allowance of three dollars per day. The very fact that this practice has never received the sanction of law, shows it was never intended to make this expenditure a permanent charge upon the treasury; and it would be well to observe, also, that the Sergeant-at-arms has never been authorized, even by resolution, to employ an assistant, but he having done so without authority, the Legislature have, in the midst of the pressure of business, at the close of each session, provided a compensation for the services performed. It is evident, then, that the practice has been suffered rather than sanctioned. Would it not be well, then, at once to put a stop to such practices. The Senate have already, in similar cases which have come before them, shown a determination to do so.

The resolution is based upon the expediency of permitting the Sergeant-at-arms to have an assistant, and it authorizes him to employ one. There are but two questions, then, which can be made in considering it: first, whether that authority should be given at the commencement of the session, or whether it should be withheld, and at the close of each session let the resolution, for compensation, by its retrospective action be its sanction, and the charity of members, acting upon a treasure which they have no authority to distribute for charitable purposes, be the measure of that compensation. Your committee will submit this question to the good sense of the Senate upon a mere statement of it.

The remaining question is, as to the amount of compensation which should be provided for the assistant. Three dollars per day is the compensation of the Sergeant-at-arms, as fixed by law. Should his assistant be allowed the same amount? This question can only be decided in the affirmative by making the value of common labor, performed with the exercise of no skill and little intellect, the standard for estimating the value of man's labor, whether physical or intellectual-in all stations and conditions; whether placed in the highest and most responsible offices of the government, or in the lowly office of dram-dealer, in a grogshop.

The Sergeant-at-arms is an officer of the Senate, and is placed under responsibilities of no trifling character. He is not only responsible for his own acts, but for those of his assistant also. Not so with the latter: he is not responsible to the Serate even for his own conduct.

It would seem, then, to your committee, that if the Senate shall be governed in this matter by principles which are universally acknowledged as well in savage as civilized communities, they will fix the compensation of the assistant at a point considerably below that of his principal.

Actuated by these principles, sound as we believe them to be, your committee recommends that the blank in the resolution be filled with these words "one dollar and fifty cents."

Mr. Hazeltine moved that the report be laid upon the table, and the printing dispensed with; on which motion,

Mr. Stanton demanded the yeas and nays, which being ordered, resulted as follows, to wit-yeas 16, nays 19:

Yeas-Messrs. Aten, Bartley, Clark, Goodin, Harris, Hazeltine, Holmes, Latham, Leonard, Mitchell, McConnell, Ream, Ritchey, Robbins, Taylor and Walton-16.

Nays-Messrs. Barnett, Carpenter, Crowell, Dewey, Foos, Godman, Henderson, Hostetter, Nash, Perkins, Root, Sill, Spangler, Stanton, Thomas, Van Vorhes, Wade, Waddle and Speaker-19.

So the motion was lost.

The question then recurring on filling the blank with one dollar and fifty cents,

Mr. Taylor moved to fill it with three dollars; on which motion, Mr. Thomas demanded the yeas and nays, which were ordered, and were, yeas 19, nays 17, as follows, to wit:

Yeas-Messrs. Aten, Bartley, Clark, Goodin, Harris, Hazeltine, Holmes, Hostetter, Latham, Leonard, Mitchell, McConnell, Ream, Ritchey, Spangler, Taylor, Wade, Walton and Speaker-19.

Nays-Messrs. Barnett, Carpenter, Crowell, Dewey, Ford, Foos, Godman, Henderson, Nash, Perkins, Robbins, Root, Sill, Stanton, Thomas, Van Vorhes and Waddle—17.

So the motion prevailed.

The resolution was then agreed to.

The following bills of the Senate were read the second time, committed to the committee of the whole Senate, and made the order of the day for this day, to wit:

S. No. 2; A bill to amend an act entitled "an act for the improvement of certain state roads, named therein," passed February 8, 1826; S. No. 3; A bill to incorporate the Eaton Medical society;

S. No. 4; A bill to incorporate the Methodist Protestant church and society of the township of York, and county of Medina;

S. No. 5; A bill to incorporate St. John's First Evangelical church of Zanesville, in the county of Muskingum;

S. No. 6; A bill to incorporate St. Peter's church of Norwalk, in Huron county;

S. No. 7; A bill to fix the place for holding the tax sales of 1841, in the county of Lucas.

Message from the House of Representatives.

Mr. Speaker:

The following bills have been introduced in the House, and read the first time:

A bill (No. 5,) to incorporate the First Free Will Baptist society of Brunswick;

A bill (No. 6,) to authorize the sale of school section No. sixteen, in Madison township, in the county of Sandusky;

A bill (No. 7,) to amend the act entitled "an act to authorize the establishment of poor houses;"

A bill (No. 8,) to change the name of Ossian B. D. Oates;

A bill (No. 9,) to establish a school district in the townships of Pleasant and Union, in Putnam county;

A bill (No. 10,) to establish a school district in Union and Greensburgh townships, in Putnam county;

A bill (No. 11,) to establish, permanently, the seat of justice for Summit county;

A bill (No. 12,) for the punishment of trespassers on growing crops and orchards;

A bill (No. 13,) to incorporate lodge No. 6, of the Independent Order of Odd Fellows;

A bill (No. 14,) providing for the punishment of crimes, passed March 7, 1835.

Attest:

Message from the House of Representatives. Mr. Speaker:

GID. M. AYRES, Clerk.

The House insists upon its amendment to the Senate resolution, and asks a committee of conference.

Attest:

GID. M. AYRES, Clerk.

The resolution relates to the payment of the postage of the members and officers of the present General Assembly.

On motion of Mr. Thomas,

The Senate insisted on its disagreement to the amendment of the House, and acceded to the request of the House for a committee of conference.

Messrs. Thomas and Walton were appointed said committee on part of the Senate.

The Speaker presented a communication from the Governor in relation to his contingent fund; which,

On motion of Mr. Nash,

Was laid on the table.

(See Vol. Pub. Doc., No. 5.)

On motion of Mr. Holmes,

The following resolution was taken up:

Resolved by the Senate and House of Representatives, That the State Printer be directed to print six thousand extra copies of the report of the Auditor of State, (out of which two hundred copies shall be given for the use of the Auditor) for the use of the members of this General Assembly.

Mr. Thomas moved to strike out "six thousand;" upon which motion he demanded the yeas and nays, which were ordered, and were, yeas 16, nays 20, as follows, to wit:

Yeas-Messrs. Barnett, Carpenter, Crowell, Dewey, Ford, Foos, Godman, Henderson, Nash, Perkins, Root, Sill, Thomas, Van Vorhes, Wade, and Waddle-16.

3-$. J.