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JOURNAL

OF THE

SENATE OF OHIO,

AT THE FIRST SESSION OF THE

THIRTY-NINTH GENERAL ASSEMBLY,

HELD IN THE CITY OF COLUMBUS, AND COMMENCING

MONDAY, DECEMBER 7, 1840,

AND IN THE THIRTY-NINTH YEAR OF SAID STATE.

COLUMBUB:

SAMUEL MEDARY, PRINTER TO THE STATE.

1840.

3.5.19

JOURNAL OF THE SENATE.

MONDAY, DECEMBER 7, 1840.

At the first session of the thirty ninth General Assembly of the State of Ohio, under the constitution of said state, convened at the city of Columbus, on Monday, the seventh day of December, A. D., 1840, being the first Monday of said month, the following members, qualified at the last session, appeared and took their seats, to wit:

From the counties of
Morgan, Perry and Washington-Isaac HUMPHREYS.
Champaign, Clark and Logan-Joseph VANCE.
Hamilton-JAMES J. FARAN.
Belmont-Thomas SHANNON.
Clermont-Dowty UTTER.
Jefferson-JAMES MITCHELL.
Columbiana and Carroll-JOSEPH THOMPSON, jr.
Adams, Brown and Scioto-John Glover.
Franklin and Pickaway-JOHN L. GREEN.
Cuyahoga-Richard LORD.
Geauga and Ashtabula- BENJAMIN BISSELL.
Athens, Gallia, Lawrence and Meigs—SIMEON Nask.
Highland and Clinton—THOMAS PATTERSON.
Muskingum--JAMES HENDERSON.
Richland-WILLIAM M'LAUGHLIN.
Jackson, Pike and Ross-JOHN Hough.
Guernsey and Monroe-WILLIAM Scott.

Hancock, Wood, Lucas, Henry, Williams, Paulding, Putnam, Vanwert, Allen, Hardic and Shelby-John E. HUNT.

The following Senators also appeared, produced certificates of their election, and being duly qualified by taking the oath prescribed by the constitution of the State of Ohio, took their seals in the Senate, to

From the counties of
Hamilton-George W. HOLMES.
Buller and Preble ROBERT HAZELTINE.
Medina and Lorain-JAMES S. CARPENTER:
Horon and Erie-Joseph M. Root.
Trumbuli-JOHN CROWELL.
Wayne-Jows H. HARRIS.
Stark-JACOB HOSTETTER.
Licking-Burrell B. TAYLOR.
Fairfield and Pickaway-SAMUEL SPANGLER:

Knox and Coshocton-BYRAM LEONARD.
Holmes and Tuscarawas-BENJAMIN REAM.
Franklin, Madison and Clark -ALEXANDER WADDLE.
Crawford, Delaware and Marion James H. GODMAN.
Montgomery-JOSEPH BARNETT.
Warren and Greene-Isaac S. PERKINS.
Miami, Darke, Mercer and Shelby-WILLIAM I. THOMAS.
Seneca, Sandusky, Wood, Ottawa and Hancock-JOHN GOODIN.
Portage and Summit-Elisha N. SILL.

A quorum of the members being present, they proceeded to elect a
Speaker, pro tempore, and upon counting the ballots, there appeared to
be, for
William M'Laughlin

34 votes. Blank

1 William M’Laughlin, having received a majority of all the votes given, was declared to be duly elected the Speaker of the Senate, pro tempore, and having been conducted to the chair by Senators Faran and Thomas, returned his acknowledgments to the Senators for having selected him as their presiding officer.

The Senate next proceeded to elect a Clerk, pro tempore, and the following was the declared result of the first ballot, to wit: For C. J. M'Nulty

26 votes. Blanks and scattering..

8 " C. J. M'Nulty, having received a majority of all the votes given, was declared to be duly elected Clerk, pro tem. of the Senate, and he thereupon look lhe oath of office.

The Senate then balloted for a Door-keeper and Sergeant-at-arms, pro tem., which resulted as follows: For Samuel Burwell

31 votes. Blanks and scattering ....

3 Samuel Burwell, having received a majority of all the votes given, was declared to be duly elected Door-keeper and Sergeant-at-arms, pro tem. of the Senate, and was accordingly qualified.

On motion of Mr. Spangler,
The following resolution was adopted, to wit:

Resolved, That the standing rules of the last session be adopted for the goverument of the Senate, until others are prepared and adopted.

Mr. Taylor offered for adoption the following resolution:

Resolved, That Peter Cool be appointed messenger boy for the Sen. ate, during the present session.

On motion of Mr. Leonard, 'The resolution was amended by striking out the name of “Peter Cool;" and the resolution having been further amended, so as to au. thorize the Sergeant-at-arms to appoint the messenger,

Mr. Scott moved that the further consideration of the resolution

as amended, be indefinitely postponed; unon which question he de. manded the yeas and nays, which were ordered, and were, yeas 24 nays 12--as follows, to wit:

Yeas-Messrs. Barnett, Faran, Glover, Green, Hazeltine, Holmes, Hostetter, Hough, Humphreys, Hunt, Leonard, Lord, Mitchell, Patterson, Ream, Scott, Shannon, Spangler, 'Taylor, Thomas, Thompson, Uiter, Vance and Waddle-24.

Nays-Messrs. Bissell, Carpenter, Crowell, Godman, Goodin, Harris, Henderson, Nash, Perkins, Root, Sill and Speaker-12.

So the motion prevailed, and the further consideration of the resolution was indefinitely postponed.

On motion of Mr. Green, it was Resolved, That a message be sent to the House of Representatives, informing them that the Senate have organized by the election, pro tem., of William M'Laughlin, Esq., Speaker, C. J. M'Nulty, Esq., Clerk, and Samuel Burwell, Door-keeper and Sergeant-at-arms, and are now ready to proceed to business.

On motion of Mr. Perkins,
The following resolution was adopted, to wit:

Resolved, That the Sergeant-at-arms of the Senate be directed 10 call upon the Secretary of State, and procure for the use of each member of the Senate, one copy of the laws of a general nature, one copy of the laws and journals of the last session; also, three copies of Chase's statutes, for the use of the Senate.

The Speaker of the Senate then announced the following Senators as composing the standing committee on Privileges and Elections, to wit: Messrs. Spangler, Vance and Hunt.

On motion of Mr. Taylor, The certificates of the election of Senators were taken up, and referred to the standing committee on Privileges and Elections.

On motion of Mr. Thompson, it was Resolved, That a committee of three members be appointed to examine the journals of the last session, and report the unfinished business of the same.

The Speaker appointed Messrs. Thompson, Lord and Utter said committee.

Mr. Thomas offered for adoption the following resolution, to wit:

Resolved, That the Sergeant-at-arms be authorized to appoint a messenger for the Senate, and that he shall receive the sum of for each day he shall serve as messenger.

On motion of Mr. Vance, The resolution was amended by filling the blank therein with “one dollar."

And upon the question, “shall the resolution pass ?"

Mr. Scott demanded the yeas and nays, which were ordered, and were, yeas 28—nays 8—as follows, to wit:

Yeas-Messrs. Bissell, Carpenter, Faran, Glover, Godman, Goodin,

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