The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1848-12-26
AT From the Ohio Standard
THE HAMILTON COUNTY CASE.


House Of Representatives. matter abon,
which correct information should be hid be-
fore the public. As a ciiz"n of that coun-
ty, appreciate the desire cyinccd in yonr a.
ticle Of yesterday morning, To give such in
formation, but fall out with your siaiemcnl.
and arrangement Of facts, as we'll as ilie con
clusion TO which they lead NV object,
however, is not controversy rather pre-
sentation ofs,Ilc matter, both in law and
fact, as understand il Ia be. isefa
Aud 70 begin: ! 60 further than you; L
60 to the Consultation; and there find il
written that f'ihe number Of Rcmcscnlatiye
shall be fixed and apporioncdiby the Lcgis-
lafurc, among the severnI COUNTIES accord
ing the number "of white male inhabitants
above tweniy,one years;of agc Nv EAcm''--
(ifhI, seciion2 fnd fiinher, that ..the
Representatives shall BIO cl,uscn by THE
cIrixkSs or 1.-THE c0UY1Iis Respective y. = 81
(An.l. sec. 81 ! find that, by the or,li1.
nance OF list, anterior TO the constitutions.
Representatives might be apporiioncd
among the "countics or townships for the
purposes Of territorial government. But ihp
wotds "or tornships," are lcfi out. Of the
constitutions FACT which marks the pur-
pose oe its framers in manner that leaves
no ground 4for controversy. They designed
that Representatives should lie apparioned
10 counties, and nothing less than counties.
The uniform history Of the State, with no
single variation, down 10 III, publication OF
tho last apportionment bill as law, is full
and direct 10 the same point. II was never
undertaken 10 create Representative districts
less than couui"s. 1t was never consider.
I'd that il could be done. And The case Of
Chandler VS.. Bets, decided by the House
0f Representatives n 1855, was decided
Ivy whig .oics against democratic conics
lee, upon that very proposition Tie chair
nan Of the committee which reported upon
the case, Hon. >. Mason an eminent whip
ltwycr. declared in his report that "to sup
posc Representative district less in extent
Than the county, was TO suppose ,Nsr1-
TUTI NAL IMPossIRILIIym
Now, il thar csuse Of tho npportioumcn'
scheme Of last winter, which assumes 10 di-
rect the manner Of elcctipg Representatives
in he county of Hamilton, dividing il for.
iiIa, pu,poseD is 10 be construed as creating
Rcprcseniaiv districts, less in extent Than
the c"uniy, il is in conravcnlion Of the
consli,uiion--o the clearly NANTES, design
81 its frameIs-of Ill received opinion and
usage in the Siate--of the decision in the
case Of Chdndlcrvs Bets in short il is "x
INSTITUTIONAL IMP ssImLTY."
Does it attempt to creaie Rcr onta,ive
districis! No, sir, Il docs noii The Con-
.nii,ee that reported i, say that snch pas
not their intrntioa.* The scheme itself as
signs 1.-TWO Senators and FIVE .Raprescntl-
tiyes'' 10 THE COUNTY oil IIamllon.n A
county is legal eu,iiy--a body corporate
and pnlilig-it appears and sues OF is sued
mud pleadsin Courls-ii has lis distinct and
perfect organzation is a governmcnt---a
living Thing, indiyisible without being des-
,r,ycd, When. therefore, five R"plcscnta-
tives are assigned toil,c, county Of flIamilion,
they arc assigned 10 all that county, and u
all its citizens, Every idea but that ofcomi
pl.,e aud absolute entirely is shut OUT
Each and, all Of The legal delegation from
thai county, therefore, are Representatives
of the county of Hamilton. The consti,u
the design offs, s,framers--.he received
opinion and settled usage Of the S,aic--ih,
decision by wing votes in Chandler VS.
Bftis--,he reports of the apportonmem bill
commit ce--and the language of the bill il
self, combine with force, that no ,phislr
can evadc, nor any partizan bigoiry resist, t
establish tha, conclusion There is no sue
thing as certainty if il be not certain. An
thority and manifest rcason--ihe, truth 4
history and the express language of law ar
floating tpon a fierce current of party pass
ion, and which may be recklcss'y brushc,
aside, il this be not true; instead or being
as | clain they arc, we'll established barrier.
restraining those passions within prope
bounds, modertilng their excess, and secG
ring public order and peace sa
Why, sir, there tools no other conslruc
ton that vii maintain this act for rnomen
If is TO be constructed as dividing III
county into Representative districts, then
is ga constitutional impossiJiluy.n Now
is aprinciple in constituting statutes, estat
lishcd in all courts from the remotcst time
ihatof constructions nf a law, that sIia
be given which. will relieve il florn drct
an,agonismwth the consultation and enabl
tito bo carried into effect, il possible. Ii
not possible Of effectualion insilis view
comes into open and inevitable conflict vii
the constitution, aud must go down.
The act, then, does not assume 10 crea
Rcpresentuiipe Districts in the county
Hamilton. Il dnes not assume TO crea
4 . z /. AAg ". b