The Democratic pioneer. [volume] (Upper Sandusky, Ohio) 1845-1853, 1848-06-02

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from Washington county, and a'taches
them 10 the county OF Morgan. The Law
made no provision for changing the legs
laiiye districts. Atthe succeeding cleo
ljority in the Morgan district, as original
iy made 10 the dis,ric,ing Law; but b,
changing the limits Of the district, so as
TO correspond with the new limits Of the
county, the Wing candidate had 'he ma
ljorty. The contest was brought before
the House Of Representatives; and as lh''
question might settle the political com
plexion Of future legislatures, and gave
the Whig party the ascendancy, they put
forth their strong men to meet the emer
gency. Gen. Samson Mason. Of C!a'b
county, as being sound and able consii
tntional expounder, was placed at the
head of the committee on privileges and
election, that an able and convincing re.
port might be made, forever settling this
important question. We quote from bis
report made 10 that case, and found ia
the appendix TO the House Journal, for
the Session of AS and '46.
| 'Couoties are expressly made elective
districts by the Sd section Of the ls, arti
| Gle Of the constitution, which is in these
words: sThe representatives. shall be chos.
eu annually by The cittxens of each county
respectively, on the second Tuesday Of
| October
Now, the right of the Legislature to
change the bounds of counties, 50 as to
increase or diminish the extent Of their
territory, Is conceded. aud yet this pow
er is precisly co.incldent with the pow.
er to change the boundaries of election
districts. For il the several counties are
constituted election districts by the con.
sliluiion, any changes that ma, be made
in the boundary lines OF counties must ne
cessarlly work a corresponding change !"
election districts themselves. II wOnld
surely be a difficult task 10 MAINTAIN DIS
tlnclion between a county, composing.
as il does, and election disIrIct by itselfi
for the two things are, In con,emplatlon,
10 the constitution, one, and iden'ical:
and yet il is on distinction tohich indicates
no difference percepiible to the mind, ,ha
The objections taken to the votes OF fio'
mer, Marion, and the seven sections /.
made to derive all lis support. To sup
pose that The territory ofa county may 6e
more or tess in eIient than The election DIS
irict is 10 suppose constitutional imposSi
btiHy; for whereuer there is u county. Mere
rs also an ete Ii n disiric. bearing the same
name and having he same erteni Of territo
ry What territory, and how much sha ~
not less than that required by the c"nsu
tuition, depends on legislative VIII aud not
on constitutional amendment Bot
whatever territory may be ncluded withs
10 The limits established tor the county, a
any time, that county, 50 formed is at
election distr'c
Additional weight and impor ance Should
be attached 10 his exposition Of the con
sti'ution by Gen. Mason, from the lac
that it is made under the soIemnlly OF All
oath. and in judicial capacity.
Mr.. Mason upon that occasion, was sup
ported BY the arguments Of his VIII G
friends, who were also acting under he
solemnIty Of their oaths.
Mr.. Phelphs, claimed by his party
friends to be an eminent law er aud jurIs',
representing Geaguga county. in tina,
Legislature, uses the following sir,ng and
emphatic language ~ his speech upon ,ha,
oc casion, as written out by himself, anu
published in The Ohio State Journal OF
December 80, 1s45. Mr.. Phelps says:
1T may be well to inquire what is a
county. 1t is public corporation or
body polite. constituting a distinct or
ganiza,ion for courts ofjus,ice, tor taxa.
ton, improvements Of roads, and for dri
vers other purposes, in which they have
common interest distinct from other cnun
tles Is that all! No, il is a distinct body
corporation for the purpose of represent"
Ion.'
And again he says:
Il maintain that representation IS one
Of the especial things for which counties
were constituted. 1t will appear. by re
ference to the the constitution, that the
trainers OF il contemplated a distinct rep
reseniaiioa for all the counties.
Again he says;
The Sd sec, Is, art, provides that
representatives should be CHI sen annual
ly ny the citizens Of each county The A."
sec., same article, that no person shall be
chosen a representatives unless he shall
have resided one gear within the count,
for which he IL chusen. These all show
that distinct representatives were CON
lemplated for each county