The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-09-29

about slavery extensonl Can there be,
under the constitution, any such difference
of opinion either as 10 that, or the creation
of more slave States? Mr.. Corwin says
not. All the Wing resolves of the State
Legislature, and county Conventions, up
to the time of Gen. Taylor's election, say
not. Yet the parallel drawn, and the ar
guments used to support it, would affirm
the contrary, and any man could justly
charge Harris with SO believing. His stu
pidity, doubtless, has prevented him from
seeing where he was landing.
Now, for few facts connected with this
Hamilton county question, by way OF
first instalment, since the Herald will
have them.
This division of this county was first
suggested in 1843. 1t caused much de-
bate, and no little correspondence. Wings
were divided in opinion about it-divlded
as regards its constitutlonality and expe-
diency. The older and wiser men oppos-
ed ii, chiefly on both grounds AS an hum
BILE member of the party we were consult
ed, and, after an examination OF the ques-
ton, concurred in this view. But the
more Jealous and partisan determined to
press it, and at the session of the Legisla-
ture of 1914, undertook to carry it through.
The Judiciary Committee of the House,
that year, was composed of. J. Coombs,
B. F. Cowen, and R. F. Payne. (Whigs,)
E. Archbold and ]. II. Ewing (Democrats.)
PAYNE. as true to friends as he is to
principle. undertook to bring the subject
before the committee. at the request of the
Hamilton county Wings, outsiders } and
did so. All his feelings were in favor of
the measure. He resolved to carry it. in
deed, if could be done constitutionally
Judge Cowen, one of our purest and best
men, was more cautious; ready to serve
his party, but never to sacrifice right
Coombs, as all Wings know him, was keen
to strike blow against 'Locofocoism,"
and having as strong party prejudices as
Harris, though having considerably more
of Judgment, honor and honesty. Under
these circumstances-with Wing major
ity in the Legislature, and Wing major
ity on the Judiciary Committee, the ques-
ton of the div sion of Hamilton county
was Brought up, and unanimously declared,
after a thorough examination, and such
consultation as questions OF this character
alaraus occasion, to be UNCONSTITUTIONAL,
by these Wings.
The general reasoning of the Wings
was:
Whatever is contrary to the clear intent
of the trainers of the Constitution, as this
may be gathered from the instrument it.
self, without reference to extremes, is un-
constitutional.
The division of county into districts
for the election of members Of the House
ofRepresentatives, is contrary to the clear
ly expressed intention of the iramers off the
State Constitution. as may be fairly gath
cred from the language of that instrument.
In proof, examine the following provisions
of the Constitution on that subject, viz:
Article 1-Section 9. "The number of
Representatives shall be fixed by the Le-
gislature, and apportioned among the
several counties according to the white
male inhabitants above twenty-one years
of age"
Same Article-Section 8. "The Rep
resentatves shall be chosen annually, by
the citizens of each county, respectively,
on the second Tuesday of October"
Section 4-Provides that the Represen-
tative sshall have resided within the limits
of the county in which he shall be chosen"
Section five and six, of the same Article,
provides that Senators may be chosen for
counties "or districts" showing that
Senatorial district may be othor than a
county. in opposition to a Representative
district, which is to be county, and not
part o! one.
Again: Article 6, Section 3, provides:
Set 8. No new county shall be estab-
lished by the General Assembly, which
shall reduce the county or counties, or
either of them, from which it shall be TAX
en-. to less contents than 400 square miles;
nor shall any county be laid off of less
contents. Every new county. as to the
right of suffrage and representation, shall
be considered as part of the county or
counties from which it was taken, untI en-
titled by numbers, to representation.
Satisfying many honest minds that the
trainers of the Constitution designed a
COUNTY, and not part Of county, to be
Representative district, by prohibiting a
new county taken off from an old one, un-
til the new county shall be sufficiently
populous to constitute an election district
by itself.
Again: The language of the constitu'
ton is no stronger to constitute a county
judicial district for holding court o
common pleas than it is to form county
to be an electional district for the House
of Representatives, and the Legislature
might as we'll provide court of common
pleas for part of county as to make
Representative district out Of part OF {
county.
See Article 3-Sections /, 8, 5, and 6
This view of the matter shows clearl.
enough to impartial minds, that counties
and not parts of counties, are designed b.
. A. Gz...,.,,+;oo 20 ha Demonstration dis