Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1848-02-19
TO The Editor Of The Wisconsin Herald

DEAR SIR Entertaining the belief that
a very large majority Of the people of Grant
county are opposed to any division of it
whatever, unless it might be, the surrender
of the four southern towns TO Lafayette
county, whenever they choose to be set off
for their own convenience, feel quite will
ling, for one, TO meet any plan of division
on its merits, either by remonstrance in the
Legislature, or at the ballot box. Ii is my
opinion however, that the present Legisla
ture wM not, if il can, entertain any bill
whatever, for the division of any county.
The Constitution, | take to be a funda-
mental law; which, if adopted, becomes inn
peratve and controlling, in all its details.
The 18th section of the l4th article of the
new Constitution, provides as follows:
See. IL. Until there shall be a aeic APP
poriionment, the Senators and members of
Assembly, shall be apportioned among the
several districts us hereinafter mentioned,
and each district, shall be entitled to elect
one Senator or member of Assembly, as the
case may be-" The details Of this Consti-
tutional provision, make one senatorial dis
trict of Grant county, and four assembly
districts, each (which embraces certain pre-
cincts therein named Now hold that if
the Constitution is adopted il must be adopt
ed in all It's details, literally, and with erefy
one Of It's provisions; nor can the Lcgisla-
ture give efficacy and binding effect, to any
enactment inconsistent with the provisions
of the Constitution. II the Legislature, by
dividing county and disturbing this ar
rangement of districts, can he doing valid
net, then il can undo the acts of the Conyen-
ton; il can nullily aud repeal said 18th Sec
ton. Any contemplated line of division,
would divide districts and even precincts in
our county; and the Legislature would vir-
tually say, "the precincts of Platteyille,
Head of Platte, Cenreyile, Muscoday and
Eennimore in the county of Grant, saall moi
constitute one assembly district, until there
shall be new apporlionment."
Does the Constitution any where author
ize any alteration Of The districts until there
is new apporsionmentS Yes; 1t makes
this provision Tor alteration and no other;-
/" The foregoing districts are subject, how
ever, so far to be altered, that when any
netr tolra shall be organized, it may be adj
ded to either Of the adjoining Assembly
Districts" By the strongest possible inn
plieation, this provision for " alteration in
case of the organization of aese totca and
in no other case, ereludes the idea of any
other alteration of Assembly districts. Let
the Legislature attempt TO alter, (as Il would
by dividing our eounty,) the boundaries Of
an assembly district, say the PlatIeville dis
trict; then let candidate for the assembly,
receive majority of the votes in the Platte
willie district as organized by the Ceastitu-
iioa, aud another candidate receive ma
jority of the votes in the platteville district
rs e-organized by the Legislature, (the
districts not embracing precisely the same
portions of territory, as they eotsld not, IL
the comfy and the precincts composing the
district were split;) pray which member
would be entitled TO a seat in the first State 4
Assembly, Unquessionahly, the one elect
ed in conformity with the provisions of the
lsth section of the Constitution. The Con-
stisution then, if adopted, gives repose to
questions Of division, until after another APP
portionment, and It's adoption would repeal
any act Of the Legislature, Inconsistent with
its provisions.