The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-28

proper signature, legal opinion upon those facts. He
promptly consented 10 do so. We publish below the
communication of MIR. Stanton, to which call the
earnest attention of the public-whlgs well demo
Gratis Mr.. > for many years past has been one OF the
leading members OF the Ohio bar and Is thoroughly
qualnted with the constitution and laws OF the State
His opinion, therefore, OF great value and he
removed from the of the difficulty, he may be
garded as dslnerested spectator.
The Ohio Controversy.
Editor Of the Post In reply to your inquiry as to my
opinion respecting the legislative controversy pend
ing Ohio, will endeavor fairly to state my view of
the case.
Statement Of the case
The Ohio constitution, article /, provides that the legs
atve authority shall be vested IN general assembly,
which shall consist OF Senate and House of Representa-
ves both 10 be elected by the people, that every four
years the number of representatives shall be fixed by the
legislature and Gpportaonef among tie several counties
according 10 the number Of ciate male inhabitants IN EACH
Section 2 }
At the last session the period for apporonment arrived
The wings having majority IN both branches OF the
sembly. bill, apporuonlng five members 10 Hamilton
county, but at the time dividing the county two
districts, that two of the five members should be
elected by one district comprising the city Of Cincinnati
introduced and passed the Senate Such thing had
before been done could any reason be assign
ei except that the city largely wing, and The
county largely democratic. The democratic members
vainly demonstrated against the measure viola
ton OF the constitution for party purposes. Some slight
amendments being made in the House the bill was re.
turned to the Senate, and hereupon the democratic
senators seeded that there no longer consu
onal quorum TO do business in that body In tins state
OF affairs resolution passed the House rescind-
ing lie amendments; whereupon the bill signed By
the Speaker law. The democrats insisted that this
was gross usurpauon OF legislative power; that the
bill the Senate, and therefore could be acted
By the House; and action could be had in the Sen.
for of constitutional quorum, the slh section
requiring I" two-thirds to do business"
Here the matter rested antl the election The demo-
Gratis elected I'VE members by vote OF the whole county
at large. The wings elected two members in the city
district The clerk of the court OF pleas who
by law the returning officer gave certificate of election
to the five democrats He also furnished to the two
wings elected by the city district abstract of the votes
poed therein, showing that within the district they had
a majority OF votes.
The hrq Monday of December is the constitutional
period for the meeting Of the General Assembly. Upon
two members depends which side shall have the ma
ority IN the House and Joint ballot Both parties or
gained anticipation, TO get possession of the
House The democrats got there first, appointed chair
man, IN the i've members from Hamilton county;
and have remained day and night permanent
session The wings took possession Of one side OF the
hail. appointed chairman, and swore in their two
bers from Hamilton county, and have continued 10 go
through the form of daily session This has continued for
more an two weeks; during which time the legislative
power of the State has been suspended state OF anar-
chy This state of affairs presents questions OF the
most Importance 70 State sovereignues and 10 popular
governments. The contest for political power
peaceahe yet; and, so long whence shall be
avoided the calm application OF reason Will settle all DIFF
dculty
Opinion
ne provision OF me afporuonment law, dividing Ham
ilton county, isl my view clearly unconstitutional. The
legislative authority exists only by tina constitution, and
those who must come within The constitution
al limits, their acts become usurpation and void
Now, the constitution has established a specific basis,
upon which the legislative authority must act and ac-
cording 10 which IT must be apportoned. To this
preme law all action of the Legislature absolutely sub
lect
The basis prescribed by the constitution is geographical.
personal and numerical. The number of the representa-
ives be ''hXed by the Legislature and appOrtioned
thp
OF chge male inhabitants above weutyo years each
and shall be less than thry-sx eIceed seven
ty-two Art. J.. Sec. 2. Upon well settled maxim,
the expression Of these limits excludes all others Beng
equally expressed, they equally nvioabe OF equally
void. The geographical county limit is therefore abb
yolute the UNIT OF number And the legislature would