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the Democrats, while the Whig and Free Soil members divided their votes among seven candidates, the most prominent of which were Fitz Henry Warren, James B. Howell, Ebenezer Cook and James Harlan. On the 21st, three votes were taken for Senator. On the third ballot Harlan had forty-seven votes, and A. C. Dodge forty-three, Cook seven. On the fifth ballot Harlan received forty-five votes, Cook forty-four, scattering eight. The Democrats being in a minority had no chance to elect a member of their own party, and as Cook was a conservative Whig, and Harlan a Free Soil Whig, most of them on the fifth ballot voted for Cook, hoping to elect him over Harlan. The convention now adjourned to January Fifth. On the seventh ballot Harlan received forty-seven votes, Cook twenty-nine, W. D. Browning nineteen.
The convention then decided to proceed to the election of Supreme Judges. On the vote for Chief Justice, George G. Wright, Whig, was elected over Edward Johnston, fifty-three to forty-five. Wm. G. Woodward, Whig, was then elected Associate Justice by fifty-one votes, the opposition being divided among eight candidates. After several ballots for another Associate Justice were taken without an election the convention adjourned to the next day when the Senate met and, by a strict party vote, adjourned to Monday to avoid meeting the House in joint convention at the time agreed upon, proposing to thus invalidate any election that might be made. When the time arrived to which the joint convention had adjourned, the Whig Senators entered the House and the Speaker announced the joint convention was then in session. Mr. Samuels raised the point that the convention was not properly convened. The Speaker overruled the point and ordered the roll called. Most of the Democratic members absented themselves or refused to answer to the call. Fifty-seven members answered, however, making a majority of the joint convention. The President being absent, W. W. Hamilton was elected to fill the position. The
