The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1848-12-26

facts and settling the ultimate righis they
Twill be ready. Tho time Is moi now. Aud
lyon win nl,ow me, Mr. Editor, the express
sono my regret, that you have gone be-
hind ibe certificates, and presented a siate-
Of the merits, which falls very far shor! of
justice 10 The case Of Messrs. Pugh and
Pierce. M
/ You say. correctly, that the Justices cel
|iify thai Pugb had 640l, and Pierce 642l
votes; Spencer 4534, and Runyan 445l
votes. This ilie vi ol1 board of :auvassers
certify as he footing up Of Me abstract fo'
The whole county ;--lberc were no separaie
abstracts for the districts made out, because
there were no separate returns for II pre-
Isentaiives 10 predicate them upon. There
was no separate footing up and certifying
Of the votes cast for each candidate in the
right wards--there is no certificate Of the
Justices or any body else, that Spencer aud
Runyan had a majority in these wards.
There is arccitid pnrporliueto that effect,
in the declaration Of The two Justices, where
they declare Spencer aud Runyan 10 be
elected. in the eight wards, ''lIley have re-
cciyed lhe highest number Of votes cast in
those wards" But this is the d claralion,
not tho certificate. Il is a matter Of recital,
and may DO talsilicd. II is b,rne up by no
fooing up. Il is p,lpable non sequitw,
aud avaIls nothing. 'rhe7fact certified alb
soluiely, is that Plgh and Pierce have each
Of them nearly twn thousand votes more
than Spencer or Rmym- returned
as legal by the Judges Of election, being
cast by ci izens .,f The cauny, who are enti-
tied BY The Constitution 10 vote for Repre-
sentalvcs. Tn Sc the cek and Justices were
bound to take and count as legal votes, be-
cause by law they are forbidden 10 decide
upon The validity of the returns; and ihoy
did take and count them. Who should say
that any portion Of the voies thus returned
were illegal and should be rejected, when
The Judges had returned them as legal, and
when the law forbade the board Of canvas
rcrs 10 dispute such matters. The Clerk,
therefore, seeing upon his abstract that much
the highest number Of votes were returned,
counted and certified to Messrs. Pngh and
Pierce, very properly made bis certificate
follow those iacts. s
AS TO the supposlion that all votes cast
for Push ani Pierce outside the eight wards
were illegal and should have been rejected,
in awarding The certificates, have already
given one answer, namely, that neither the,
Clerk nor the justices, nor all together had
any power 10 reject them. Another answer
$. that nowi,eie in the apportionmeni
scheme is il assumed 10 be said that vUtes
arc, IN p,int of fact, illegal. Look the
scheme lhrough-lhere is no declaration in
| i, that citizen Of The county, living outside
tho eight wards, shall not vote for the Two,
as we'll rs the three, Representatives Of the
county. TO this it may be answered, that
such is the intent and construction OF The
scheme. Bu, rejoin, that inlent and con-
snuctIon are lighter than chaf before the
wind, compared with the specific declaration
Of The constitution, that "Representailses
shall be chosen BY TIE CITIZENS tF THE
COUNTIES REspEcrIvELYn Tha, is the guar
anlee Of suffrage TO every citizen Of llamil-
ton county, to vote for his Representatives
and it is not 10 be intended or construed
away,-No, NOR SURRENDERED EITHER,
whatever may he the cost of upholding it.
| -s.iffisif .l
! What effect, therefore, is 10 be given 10
Il the direction as 10 the manner of electiDg
4 Representatives in Hamilton county in the
apporionment scheme? "to be elected as
i tollows," sc. l ansMer, very 1.-THE, ,---scarce-
l'ly no eff.c,, can be given 10 il. Ii may be
+ taken as indicating location and particular
character for. two of the candidates, nd as
directing a distinction in the polling and
, returns of the votes cast in those wards
/ But that the clause creates a Representative
/, district, is constitutional impossibility, -
) that il clothes the citizens Of the eight ward;
j with rrclusipe power 10 elect two out of five
/. Representatives Of The county, in derogatiol
4 from and denial of tho constitutional right
i. of all the citizens of the county, who hap
! pen to live outside the eight wards, is
# monlros,y equally nagran, and inadniss bile
d We have not yet conre, ftancy, TO the rottel
h borough system which even England hasr
i iected, and cast off with loaill:ng. For m
4 own part, care not 10 waste time in dev'
h ing ways by which the clause in questio
i can be reeonciled with the constitution, an
: so enforced. have no notion Of palterin
|. about il. 1t was designed 10 dlslranchise, I
r certain extent, every citizen Of llamilto
}. County, by the creation Of election districts
J. aud the clothing Of each of them with ili
}. erclusips right Of electing portion Of tll
u couny's Representatives. That wasthe ol
j. liec,, but the ingenuity Of its concoctor
is was not equal to their iniqniiy. Thanks
If The noble democracy Of Hamilton county,
!: has failed, and must now be .purged fro