The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-28


Aaiyes to 10, Il TO 100, that they have
to reduce the election district below county Again the
personal basis the enumeration of Unite male inhabitants
IN each county thus further demonstrating the absolute
geographical limit The power is the substitute
black population for the basis II is 10 substitute any
other than county bounds. An assembly, composed OF
members representing anything but Counties can have
no more right ID make laws for the State than body
composed OF only ten members, representing black
inhabitants To such the constitution has delegated no
Legislative authority" and II exercise except
by usurpatOn Ii analogies sought 10 illustrate
what IS clear by the plain letter. abundance might be
found county Is, by the constitution, body corpo
rate and polite unit indiysibe, in respect its poll
ucal and judicial organization. Can Judge OF the
court OF common pleas exercise jurisdiction only
part of a county, His jurisdiction may as well be dvi-
ded as that OF representative, both being defined by the
same instrument % can sheriff be elected by part
only OF county Yet their powers have the limit
as defined By The constitution Tor him who is TO
else the legislative power.
Now, the legislature has authority except what is
expressly delegated by the constitution may be
dyy Tor the OF what expressly delegated Be-
yond these limits It's action void, having force
than that OF any other seventy-two men, assembled in
any other part OF the State for neither their name nor
number nor place where they sit, but only the consu
hon can give validity to their acts And hence one
can exercise legislative authority in the State unless he
has been apporoned and elected in accordance with the
constitution. The two representatives, who claim TO be
elected By portion OF Hamilton county have therefore
no more right 10 st IN the legislative body. and
the aw-making power, than any other two citizens OF
the State.
Ii Is said however that the yhiy claimants have GER
uhcate which ought, prima fdc1s, TO give them
But that certificate disclosing that they elect
ed by whole county and that they do not claim to
represent whole county, establishes ats face that
they can have no constitutional seat, and therefore, that
they should be rejected They do not stand the same
ground the other wing members, who inel gble by
reason OF holding the office OF sheriff That fact APP
pearng on Their certificates the holders may prD1d faee
be entitled TO seats But the Cincinnati claimants pro-
luce paper which OF itself establishes their constitution
al disqualification.
1t is said, however, that they are elected under the
law which should be respected until lis unconstuton-
ality shall be established by the proper tribunal Now il
happens that there Judicial tribunal to decide this
question II must be settled by the electors the first
instance, and ultimately by the House when organized,
or the members while organizing. They are the sole
judges and must decide upon their oaihs according 10
their OF public duty, and views OF the constitution
No member who considers the law unconstitutional can
consent 10 these persons holding seats for any
moment exercising legislative functions under their pres
ent claim The oath maintain the constitution re-
lnres The rejection of those who manliesty claim uncon
stitulondl power.
The people have passed their Judgment by elccng
members Tor the whole county; they have followed the
law, TAR as il Is valid, by elecng five members They
point TO the law aTporonng five representatives TO Ham
On county, and exhibit certificates by the returning off
showing themselves have been elected as represent
atiyes for the whole county The democratic members
are, therefore by the constitution, entitled to their
And no law thrust in any but county representatives
against the PLAIN letter OF the constitution cohe with
law making power those whom il has not been delega
ted by the constitution
The House being sole Judge of the qualification of its
members II Is impossible TO see how the
that neither OF the claiming parties should vote the
question OF Their membership That proposition seemed
far, and agreed 10 by the democrats
In any event. ii IL to be hoped that all violence will be
avoided; and there Is no fear but calm consideration will
lead TO some Just conclusion.
EDWIN NJ STANTON.
We suhjoin the following account of the organization
Of the legislature which find in the Ohio Statesman
of the 23d instant
THE HoUsE--rrs ORGANIZATION The Senate is not in
session to-day, having on yesterday adjourned unit,
Monday.
Chuckery this morning came into the House much
soened down, and, after discussion adopted the resolu
ions Of Mr. Townshend afer striking the first resolu
ton, which reads follows
Rooei That for the purpose of efectng an oryaniza
non OF ths House Mr. Letter Of Stark be recognised
certificates and other evidences Of claims seats hereto
fore handed TO dessr smith and Swift. shall be deliv
cred and that The iionse proceed Immediately the
sdelation Of tue following resolution.
And motion of Mr. Chaee Of Ahtabula adopting the
following in lieu thereof
Rsoired That for the purpose Of efectng
Of THIS House, the two partial organizations already exist
ing be united, and that Mr. Letter Of Stark act as chair
man, and Mr. Mcclure OF summit clerk, whom the
fore handed Messrs Smith and swift be delivered, and
hat the House Immediately proceed 10 the cohsde
Of the following resolution, &c.
The propositions accepted this morning had BEEN in
substance, rendered long since but Chuckery taking
counsel Of men who willing the State disgaced
provided they could make money by the operation refused
for time accede them Had they done so al first,
much Of the chagrn visible the counenances of the
recusants this morning would have been saved and the
legislature would have long since been engaged the bu
sness that brought it together.
The democracy having previously agreed the resolu
tons, accepted the notification and Mr.. Mcclure i'm me-
datey proceeded to the desk Of the clerk the House
organized tar it be, until the officers are
elected An adjournment then taken until O'Clock
this afternoon, when the first question be taken up /.
consideration Of the that Mssrs Pugh and Pierce are
entitled the organization of the House Ia case
ibis resolution be- decided in the affirmative then the
question IL resolution that Messrs Spencer and
Runany be entitled to In this resolution be not
decided in the Affirmative, then the members and the
claimants withdraw until the organization Of the
House by the election of its officers.
Near three weeks ago, whigery started off its wild
cbase by the assertion that the OF the former
House was the proper person organize this House. and
upon tAs fact they for time rested their argument
They have abandoned that and Mr. Swift 10 not in any
shape or form recognised in the organization
Whgery charged bat Mr.. Letter had wrongfuly taken
the chair AMI they woud submit TO any oyanzt 4
ton that would recognise him chairman Mr. Letter
remains as Chairman Of the HouEe Of Representatives
while Mr.. Mcclure, free-soH wing, acts as clerk
The subioined article which we find in the New Or