Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1848-05-26
Do ihs ohio sac Journ.l.
he iDDorf0Rneni Law on Isls.

AID discussed during lhe debates and conIroyer.
s.ea 70 and out Of ths Legislature upon this bill,
intending, should a suitable occasion ofcr, TO
lake uP and examine thar branch Of The subject
"a separate arricle. A very fitting occasion
seems now 10 present itself when the alleged
uneoastl'ulionalily Of The law IS used as pre-.
iext by few men, who can endure no state OF
things IN which they do not reign lords Of the
ascendant, for subveung the frame ork OF The
body politc, and By revolution substituting an
order Of things in which lhey are TO figure as
tho hrsl men 10 the S,ale.
The unconstitutional feature objected TO in
this law is this: By the law, Hamilton CO., con-
aiming 22,8lO freemen, is divided into Two Scna.
Iorial districts, each eec,ing one Senator, and
Que OF the districts elec.iug Two and the other
three Representatives. One district confirms
1859, and the other lO,44l freemen. The
Senatorial ratio is S,774-,he Representative ra-
no is 1887.
Ii is denied BY The LocoC0co leaders, DR.. Z.
b. Olds, Sam Medary & Co., that in apporon-
ing the Senators or Representatives in the Stale,
a comfy can under any circumstances be dyl-
ded so as TO place one portion of it in one elec-
non district, and another portion of it in anolh
er election district. without gross aud palpabIe
violation Of the Constitution Of the State. The
Legislature has BY this act divided Hamilton
county, as before stated, and the Wings insist
that 1t is well warranted by the Constitution Of
the State, and by tho principles of the cousuuc-
iion which has been uniformly put upon its pro-
visions ever since It was adopted. The portions
Of the Constitution bearing upon this subject are
the first article, sections second to seventh in
elusive, and The third sccliOn Of the seventh ar.
ucle. copy them entire.
'Arcle !. Section .. Within one year after
the first meeting Of The General Assembly, and
within every subsequent term Of four years, an
enumeration Of all the white male inhabitants
above twenly-one years Of age shall be made in
such manner as shall be directed by ldw-the
number of Representatives shall, al The several
periods Of making such enumeration, be fixed
by the Legislature and apporlioned among the
several counties according to the white male in
habltanis above twenly-onc years OF age in each
and shall never be less Than twenty four nor
greater than thirly-six, unlil the number Of white
male inhabitants above lwonly.one years of age
shall be twenty-five thousand; and after that e.
vent, al such ratio that the whole number Of
Representatives shall never be less Than thirty
Dix nor exceed seyenty.wo."
"Sec. ,. The Representatives shall be cho-
sen annually, by the cilizeus Of each county res
pcclyely, on The second Tuesday of October"
Sec 4. No person shall be a Representa-
tive who shall not have attained the age OF
twenty-five years, aud be q cilizen Of the Uni
ted States and an inhabant Of ibis SIaie, shall
also have resided within the limits OF the coun-
~ in which he shall be chosen one year next
preceding his election, unless he shall have
been absent on the public business of the Uni.
ted States, or of This State, and shall have paid
State or county tax"
Sec. 5. The Senators shall be chosen bien. |
niaIly bythequaliGed voters for Representatives
aud on their being convened in consequence of
tho first section, they shall be divided, by lot
from their respective counties or districts, rs
near as can bl into Two classes: the seats ol the
Senators Of the first class shall be vacated al the
expiration Of the first year, and Of the second
class, at the expiration Of the second year; SO
that onc.halr thereof, as near as possible, may
be annually chosen forever thereafter"
'Slc. &. The number Of Senators shall, al
the several periods Of making the enumeration,
before mentioned, be fixed by the Legislature,
and uppoflloned among the several counties or
districts 10 bo established by law, according to
the number Of white male inhabitants Of the
age Of Iwenty.one years in each, and shall ne
yer be less Than one-lhird, nor moro than one.
half, Of the number Of Representatives"
"Sec. 7. No person shall be Senator who /
has not arrived at the age Of thirty years, aud is
acilizen Of the United Sates shall have resi-
ded Two years in the county or district immedi-
aley preceding the election, unless he shall
have been absent on the public business of the
Uniled States, or of this State, and shall, more
over, have paid State or county laX."
"trt. z. Sec. 3. No new county shall be
established by the General Assembly, which Il
shall reduce the county or counties, or either of
them, from which it shall be taken, to less con-
tents than four hundred square miles, nor shall ,
any comfy be laid of, of less contents. Every I
new county, as to the right Of suffrage aud rep. {
resenalon, shall be considered as a part of the i
county or counties from which il was taken, un-
I'll entitled by numbers, 10 the right olreprosen.
tallon." L
| have thus given the entire language Of tho
Constitution Oh the subject, in order 10 present
The clauses more Immediately bearing upon The {
question under consideration, in their natural
nonnecIIon with It's context, and also that all the {
several paris Of the Constitution at all relating I
TO the subject, may reflect light upon each other, |
TO aid in arriving at the true construction Of the /
whole. II
The first, in section 9l, taken literally and 5
construed alone, prescribes Two rules for the /
npporionmenI Of the representatives, to whom G
only il relates. l. They shall be apporioncd c
among the several counties. g That appor. i
tonmsnt shall be according TO the number of =
white male inhabitants, above twenty years Y
Of age, in each county. A Constitution is to be |
construed and its meaning asccrancd by the /
same rules which are applied to the construction a
Of any other law. 10 all cases the pole star t
is the purpose Of the law maker. All The other q
rules are assistants in arriving u, that result. lrIt
the words employed by the law maker are clear i,
and distinct in their meaning, without a.nbipui. +,