Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1848-05-31

vision for changing the legislative districts
AT the succeeding election, the democrafSt
candidate had majority in the Moraas
district, as originally made in the distfics
] ing law; but by changing the limits ofsthe
district, SO as to correspond with the new
limits of.the county,. the whig candi3ate
had the majority. The contest was bro,
before the House of. Representatives; and
as this question might set,le the political
complexion of future legslatuHcs, and give
the Whig party the ascendenc they pu,
forth their strong men to meeslh he eaaergen-
Lcy. Gen. Samson Masons lark coun-
sas3beiAg=a-sosaaada and aos Cons insisnal
expounder, was PLACED at the shaasspf lie
.eommittse on priyitegeas and ahai
an able and convincing report might be
made, forever settling this important sques-
iion.l We quote from his report made in
that case, and found in the appendix to the
House Journal, for the session Of '45 and
'46.
".Counties are expressly made elective
districts by the 3D. section Of the 1st article
of the constitution, which is in these words:
'The representatives shall be chosen annu-
ally by the citizens of each county respec-
lively, on the second Tuesday of October
"Now, the right Of the Legislature to
change the bounds Of counties, so as 10 in
crease or diminish the extent of their terri
tory, is conceded, and yet this power is
precisely co-incident with the power to
change the boundaries of election districts.
election districts by the constitution, any
changes that may be made in the bounda.
ry lines Of counties, must necessarily work
corresponding change in election districts
themselves. 1t would surely be difficult
task TO maintain distinction between a
county, composing, as it does, on election
district by itself, for the two things are, in
contemplation, IN the constitution, one, and
identical; and yet it is on distinction
aUhich indicates no difference perceptlble
to the mind, that the objections taken TO the
votes of Homer, and the several sections,
is made to derive all its support. To sap
pose that the territory Of a county may be
more or less IN extent than the election dis-
tract, IS to suppose q constitutional inapos-
sabalaty; for 1vhereuer there IS a county,
there as akso an election district bearing
the same name, and haring the same es-
tent Of territory. WI hat territory, and
how much shall constitute county, so that
the area be not less than that required by
the constitution, depends on legislative will,
and not on constitutional amendment.
But whatever territory may be included
within the limits established for the county,
a, any time, that county, SO formed, is an
election district"
Additional weight and Importance should
be attached to this exposition of the cons,i-
tuition by Gen. Mason, from the fac. that
it is made under the solemnity of an oath,
and in q Judicial capacity.
Mr.. ason upon that occasion, was sup.
ported by the arguments Of his whig friends
who were also acting under the solemnity
OF their oaths.
Mr.. Phelps, claimed by his party friends
TO be an eminent lawyer and jurist, repre-
senting Geauga county in that Legislature,
uses the following strong and emphatic
language in his speech upon that occasion;
as written out by himself, and published in
the Ohio State Journal Of December 80,
l845. Mr.. Phelps says:
sit may be we'll to inquire what is a
county. ltis public corporation or body
polite, constituting q distinct organization
for courts of justice. for taxation, improve
ments OF roads, and for divers other purpos-
es, in which they have a common interest
distinct from other counties. Is that all!
No, at IS a distinct body corporate for the
purpose OF representation.
And again, he says:
81 maintain that representation is one
Of the especial things for which counties
were constituted. 1t will appear, by refer
ence to the constitution, that the trainers of
it contemplated a distinct representation,
for all the counties /"
Again he says:
"Ihe Sd sec, 1st art provides that rep
resenta,ives should be chosen annually by
the citizens Of each county. The 4th Sec,
same article, that no person shall be chos-
en- representative unless he shall have re-
Sadsd one gear witein the county for which
he is chosen. These all show that distinct
representatives were contemplated for each
county,"
In the same speech, Mr.. Phelps again
says:
''But it is claimed for the counsel for Mr.
Belts, that the ed section, article l, Of the
constitution, prohibits the votes of the two
townships from being cast or counted in
Morgan county, because it would be break
In in upon the representative districts. Rep
resentalive districts-what arc they? We
will look in vain fsr them in the constitu-
tion. They have no existence there or
elsewhere, but in the Imagination Of gentle
men,. By giving wrong names to things,
our reasoning becomes false. There are no
constitutional representative districts ea-
cept counties. This section Of the consti-
tuition provides; not for laying off the State
into representative districts, but for a very
different thing-to appoflion the represent.
atives among the seueral countess"
We shall direct the attention Of the peo-
pie Of Ohio to one other extract from the
numerous whig arguments made upon that
occasion. 1t is from the speech Of Mr..
Cowen, of Belmont county, also reported
by himself and published in the Ohio State
Journal Of the 4d January, lS46. During
During his speech he was interrupted by
Mr.. Reemelin, and the question of Mr..
Reemelin, and the answer are both written