Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1848-12-20
From the Ohio Standard, free Soil)
The Hamilton County Case.

troversy respecting the Hamilton seats in
the House of Representatives, is a matter
about which correct information should be
laid before the public As citizen of that
county, l appreciate the desire evinced in .
your article Of yesterday morning, to give
such information: but fall out with your
as the conclusions to which they lead. My
object, however, is not controversy rather
presentation of the matter, both in law and
fact, as understand it to be: ~
And to begin: / go further lack than
you; go to the constitution land there find
it Written that "the number Of Represents
tives shall be fixed and apportioned by tie
Legislature, among the several COUNTIES,
according to the number of white mals
inhabitants above twenty-ane years Of acc
IN EAcH."z Art l,3sec. ttid tld fnrih-
er, that "the Repfesehfatives shall 81. chosen
by the citizens Of the couaties respective, =
ly." Cart. |, Sec. 81 l find that sbvthe
ordinance of 1877, anterior to the constitu- :
tion, Representatives might be apportioned
among the "counties or townships" for the
purpose of territorial government. But the
words "or Townships" are left oat of the
constitu ion a fact which marks The pur-
pose of its trainers in a. manner that leaves
no ground for controversy They designed
that Representatives should be apportioned
to counties, and nothing less than counties.
The uniform history of the State, with no
single variat ton, down to the publication of
the last apportionment bill as law, is full
and direct to the same point. 1t was never
untaken to create Representative districts
less than counties. 1t was. never considered
that it could be done And the case ofChaas-
dler VS.. Belts, decided by the House of
Representatives in 1856, was decided
by whig votes against democratic contes- !,
tee, upon that very proposition. The chair
man Of the committee which reported, upon
the case, Hon. S. Mason, an eminent whig
lawyer, declared in his repor, that ~to sup
pose Representative district less in extent
than the county, was to suppose A CON-
ESTITUTIONAL IMPOSSIBILlTYp
Now, if that clause Ct the apportionment
scheme of last winter, which assumes to di-
rect the manner of electing Representatives
in the county of Hamilton, dividing it for
that purpose, is to be construed as creating
Representative districts, ess in extent than
the county, it is in contraVention Of the con-
stitution--of the clearly manifest design of
{ its framers--of all received opinion and
: usage in the State--of the decision in the
e case of Chandler VS.. Betts-in short it is
= "a constatuti9aim inlpossibtHty.
Does it attempt to create Representative
, districts? No, sir, At does motI The COM
mi;tee that reported it, sag that such ivas
7 not their Intentions The scheme itself
] assigns "two Senatots aud five Representa-
tives" to "the county Of Hamilton" a
county is legal entity-a body corporate
and politic-it appears and sues or is sued
and pleads in courts-it has its distinct and
4 perfect organization is a governmental
). living thing, indivisible without being de-
stroyed. When, therefore, five Represen-
= tatives are assigned to the county of Hamil-
i ton, they are assigned to all that county,
e and to all its citizens. Every idea but that
Y of complete and absolute entirety is shut
: out Each and all Of the legal delegation
! from the county, therefore, are Representa-
. tlves of the county of Hamilton. The con-
e stitution-the design of its framers-the
e received opinion and settled usage Ct the
: State-the decisian by whig votes in Chan
: der VS.. Belts the report of the apportion-
ment bill coplmittee-an the language Of
. the bill itself, combine with force that no
} sophistry can eyade, nor any partizan big
Il otry resist, to establish that conclusion.-
l. There is no such thing as certainty if it be
j, not certain Authority and manifest reason
the t.uth of history and the express Ian
> guage of the law are all Of no more conse-
o quenoe than mere corks floating upon fierce
e current of party passion, and which may be
v recklessly brushed aside, if this be not true !;
. instead of being, as claim they are, well
: established barriers, restraining those pass
D! ions within proper bounds, moderating their
4. excess, and securing public order and
D. peace.
er Why, sir, there is no other construction
# that will maintain this act for a moment. If
it is to be construed as dividing the county
into Representative districts, then it is ga
at constitutional impossibilay." Now it ia
IN principle in constituting statutes, estab-
s: lished in all courts from the remotest time,
ID that of two constructions of law, that shall
~ be given which will relieve it from direct
s. anita gonism with the constitution and ena-
SO bic it to be carried into effect if possible. II
tie is not possible of efectuation in this view
re-. it comes into open and inevitable conflict
TT with the constitution, and must go down.
The act, then, does not assume TO create
re Representative districts in the county Of
lg Hamilton. 1t does not assume to create any
d. such thing as Representatives of or from
I'D the first, and Representatives of or from
,,o the second, district of Hamilton County
int No such Representatives" are known to
to the law They are all Representatives o
he the county Of Hamilton, and nothing less
, it That is their designation,-th legal styl
I'll and character,-the report of the Appor
-, tionment Committee, and the language Q
iIy the scheme itself being witness.
In Nor is there any way of arriving at
nd
itb *Extract from the report of the COMMITTEE
r ssThe bill does not propose to divide the Stat
1r into Representative districts without referenc
nv to county lines, or the existence of counties
~ he basis of the population is not only preserV
Die ed as yearly may be, but the Represen.aslVe
il are apportioned among the several coantiss.-
These fpe atlotted to Hamilton, are hepesenta
ion tipes Of the county and not merely % tns par
ficylar district bY ,oh,ch they are chossh'