Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1848-05-26

qulslte can only be complied with, literally, BY
having each county elect a representative, or
more Than one, BY itself or BY paris, Cor il will
be perceived that no language is used that i'm.
plies that a representative must be voted for by
the entire county. But what was the condition
Of things under which the Constitution was fra
med. and what are the facts as 10 the same mat
ters nowl We fnd on reference TO the Consli.
'ulion ilseli, that The Sale then contained nine
counties, and it is certain that these nine counties
did not include but portion Of the territory
wlbin the limits Of The State. Hence the Ian
guuge limiting the rights of suffrage and repre-
senlalion &c the freemen residing in counties,
was restrictive. aud excluded all within the un.
organized territory, to which the Indiun lille was
not YET exlingushed. How stands the case. 10
that respect, nowl The Stale contains eighty
i've counties, and the number Of Representa-.
uves Is limited 10 seventy-IwO. How, then, can
this provision Of the Constitution be eAomplied
with al all Even il there were just seventy
Two counties. how could each one have sepa.
rate representation In other words, how could
each representative reside within the limits Of
the county in which he is chosen, without en-
urely disregarding The other requirement Of the
Constitution. viz: that the upportonmenI shall
be according to the number oiwhite male inhab-
llanIs, above lwenty-one years Of age, in each
county! Would any one seriously contend
that to give to Hamilton, with 22,8lO freemen,
aud 10 Paulding, with 274 lreemen, an equal
representation. would it be in accordance with the
leucr or The spirit of the ConsliluIionl Surely
DOT. Such construction has never been atlemp.
ted before, but the principle now contonded for
by the Locoioco leaders, requires such result
Ii is manifest, then, that the literal terms Of the
Constitution cannot be followed, being irrecon-
ciluJIy contradictory, and in the actual state Of
facts, impraclicabIe. But does The language
"among the several countess" necessarily re.
quire Ihal the counties should be kept entire in
the opporionmeni conceive not The Ian
guage of the Constitution of the United States
on the same subject, nearly identical, has never
received such construction, 50 far as | am
aware. Ills as follows: Article l. Sec. 2. "The
House Of Representatives shall be composed of
members chosen every second year by the peo-
pie Of the several States" sc.
mo person shall be representative, &C.,
who shall not when elected be an nhabtant of
thai Stale in which be shall be chosen" "Rep.
resenlalives and direcl taxes shall be apporon-
cd among The Sereral Siaies which may be in
cIuded within this Union according to their res.
pecIlve numbers" &c.
The Constitution of the United States was
lramed under circumstances as 10 institutions
existing al the Time, which preclude the idea, a.
side from any POSITIVE enactment, of TWO States
or pans Of Two States being connected together
10 form Congressional District. But if it has
ever been even argued that The words ''among
he several Slates," the provision that the rep.
should be- chosen by the people crI
he several States, or the requsltion that the re-
1rescntalve should be when elected an inhabi- |
ant Of the State in which he should be chosen,
any or all of them prohibited or rendered il i'm.
proper 10 divide State into districts for the cleo
'lon Of representatives to Congress, ii has esca.
ped my notice. In practice under it, elections
bygoneral ticket, by single, double or triple dis
ircs have prevailed in The different States at
different times, as views of convenience, or pol
icy, caprice, or the inlriguos Of party saw fit to
prescribe, unul Congress took up The subject and
prescribed uniform mode, viz by single dis !
rlcIs. Here then is very strong authoritative |
construction OF the same words, aud acQuiesccd |
N throughout the United States, and should |
add that in this State the elections have been uni
ormIy by districts from the admission of the
State into the Union.
Amidst The loose and contradictory language
If our constitution, one thing is clear of all
Ioubl-oPportlonment Of representation is pres
'rlbod, consequently an election of Senators or
by general ticket is just as clear
y prohibited Another thing is equally clear
md in accordance with natural iuslce--the APP
is 10 be in the ratio Of numbers Of
rocmen, not in the ratio OF extent of territory.
n these Two we have the purpose of the people,
he makers of their own constitution. All The
lher provisions on this subject were intended
$ means Tor eIlccting this purpose, and being in
apable Of being carried literally into execution
lusl be subordlnalcd TO the end they were de-
gned to accomplish, instead of being placed in
40 fore ground aud 50 perverted as to defeat the
nd they were designed TO subserve. The spir.
Of the constitution will undoubtedly be The
est preserved by an adherance TO single dis
'cs both for Senators aud Representatives, be-
ause it is more fully and perfectly an apportion-
lenl of representation, and every departure
'om II Is an approximation towards general
ChOl SysteHl'
As 10 the Senators, they are to be uppouionod
mong the several counties or districts to be es.
lbllshod by law. Now why may not district
e composed OF part Of a county, as well as
vo or more counties or parts OF counliesl An
onesI and sane man must have permiued pas
on or prejudice TO entirely blind his judgment
elore he would denyi And yetiI smainly up
n this shallow preleXI that Senatorial district
lunot be composed Of part Of county hav-
b sufficient number of ireemen, that the peo-
e of Ohio are now threatened with a civil
ar. suy, fellow citizens, with a civil war;
or these men need not llauer themselves that
le constituted authorities of the State will be
wed into submission To their schemes; or that
10 people will tamely permit any attempts at
surpaton to succeedeven fora moment say
le charge of unconsIlulIonaIily in the law is
le aretexI urged for these revolutionary move.
tents, .t.