The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1848-09-22

even tue township oil CinciHnatl,d divided!
The 9Th aud l0Ih wards Of the city. run.
ming into its very heart, were cut loose
from the other eight wards, and aitacbed
to the remainder of of the county. lfthe
community ofiDterest which bound the
( city aud the county together, was lack
ing. and their interests were of so con.
nlctlhS a Character as 10 require di
vorce at the expense of the Constitution,
why not divide the whole city and not
leave part. where, if the argument of
those who attempted 10 defend this op.
portionment scheme, be true, there is no
reciprocity of INTEREST," The answer to
this question, unveils the whole plot.
The 9th and the 10Th wards, are strongly
democralicl lfsufIered 10 remain with
the rest of the city, there was a bare
chance that the democracy of Cincinnati
wonId elect the Senator and The two
Representatives, awarded TO the city.
To guard against this,-to leave not
loop" for the democratic party of that
city to "hanga hope upon"-to place
the matter beyond all contingency. the
9th aud 10th wards were set off with the
country townships. and n poytion of the
township If Cincinnati was erected into
a Senatorial and Representative district.
Fouryears ago the distrcting lawmade
Morgan county legislative district
the next yearthe federal leaders, against
even the solemn protestarioms, and earn
est remonstrance Of the Wing members
ofthe Legislature, presenting the conn
ties interested, detached two townships
from Athens county, and seven sections
! from Washington county, and attached
them to the county of Morgan. The law
made no provision for changing the leg
islative districts. AT the succeeding cleo
! tion, the democratic canddareh had a ma
joriIy in the Morgan district, as originally
made in the disIricting law; but by chang
1 irg the limits Of the district, 81 as to cor
respond with the new limits of the coun
/ ty, the Wing candidate had the majority.
The contest was brought before the House
of Representatives; and, as this question
might settle the political complexion Of
future legislatures, and give the Wing
party the ascendancy, they put forth their
strong men TO meet the emergency.
Gen. Samson Mason, Of Clark county, as
being asound and able constitutional ex-
| FOUNDER, was placed at the head Of the
committee on privileges and elections,
that an able and convincing report might
be made. forever settling this important
question. We quote from his report
made in that case, and found in the APP.
pendiX to The House Journal, for the Ses-
sion of'45 '4G.
Counties are expressly made elective
districts by the Sd. section of the 1st ar
ticle of the constitution, which is in these
words: The representatives shall lie
chosen annualybyHe citieenSof e ach coun-
Ity respectively, on the second Tuesday
Of October
"Now the right of the Legislature to
change the bound of counties, so as TO
increase or diminish the extent of their
territory, is conceded, aud yet this power
is precisely co,iucident with the power
to change the boundaries of election dis
tricts. For if the several counties are
constituted election districts by the con-
stliulion, any changes that may he made
in the boundary lines of the counties,
must necessarily work corresponding
change in election districts themselves.
1t would surely be difficult task TO
maintain distinction between county,
composing, as it does, an election dis
trict by itself; for the two things are, in
contemplation, in the constitution. one
aud identical; and yet it is on distinction
mhich indicates no dV1aace perceptible
to the mind, that the objections taken TO
the votes of Homer, Marion. and the sew
en- sections, is made to derive all its sup
port To s~ppOse that tile territory of a
county mag be more or less in crtent than
tile dcctiOn district is to suppose q con
stifutioaal impossjb7ity; for whercrer
there as q county, there is also an election
9istr,ct bearing tile same name, and har-
ing tie same ertcnt Of teritOry-What
territory. and how much shall constitute
county,so that the area be not less than
that required by the constitution, de.
pends on legislative will, and uot on a
constitutional amendment. But whatev-
er territory may be included within the
limits established for the county, at any
time, that cOunty, so formed, is an cleo
ton district"
Additional weight and importance
should be attached to this exposition of
the constitution by Gen. Mason, from
the fact that it is made under the sol.
emuily of an oath. and ina judicial Ca :
pacity. ..s... ..-.
Mr.. Mason upon that occasion, was
supported by the arguments of his whig
friends. who were also acting under the
soIemnity of their oaths. .....
| Mr.. Phelps, claimed by his party
friends to be an eminent lawyer and .ju-
ris,, representing Geauga county, in that
Legislature, uses the following strong
and emphatic language in his speech
upon that occnsiou, as written out by
himself, and publish ed in the Ohio State
Journal of December 80, lS45. Mr..
! Phelps says: a
"lt may be well to inquire what is a
county, 1t is a public corporation or
body polite, constituting district or
ganization for courts of justice, for taxa
ton, improvements of roads. and for dl-
vers other purposes, in which they have