The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-02-17

the Court IN the county OF Muskingum,
the returns OF the counties of Colnnbi.
ana and Stark to the Clerk of the Court
in Columbia county, the returns of Mont
gomery and Preble TO the CLERK Of the
Court in Montgomery county. the re-
turns OF the counties Of Washington and
Adams to the Clerk Of the Court with.
in the county Of Washington."
Chase's Stat. 587.
The practice has been much enlarg.
ed, indeed beyond the original design Of
the Constitution, bat in no instance to
the extent of the present ~apportion.
ment bill. The time has come to cor
rect these errors-not to protect them
till they become inveterate. The pro-
priety of uniting a county. for the pur-
poses OF representation, TO the county
or counties from which it was taken.
is undeniable-in fact, was never deni
ed till the Attorney General undertook
to do SO. But adding Lake county to
Ashtabuta, Geauca to Trumbuil, Picka.
way TO Ross, with two Representatives
in common, where each county is sep.
a%rately entitled to one, as the bill Of
February las, does, is TO say the least)
stretching the Constitution to as tense a
degree rs its ancient fbres can well
bear. On the other hand, in the whole
history Of the State, no attempt was
ever made to divide a county, for rep
resentatlve purposes, previous 10 last
winter. And the Attorney General, as
we have seen, admits not only that
there is 40 positive authority for il, but
that 1t was never contemplated by the
trainers Of the Constitution.
The Attorney General insists, how
ever, that inasmuch us Senators are to
be elected by districts, a county may
constitute two or three Senatorial dis
%tricts, and it would be unreasonable if
county could not likew wise constitute
two or three Representatives districts.
"a Senator" we are tod, sis not So
strictly a local representative as a mem.
Der Of the more popular branch: in the
DRY he is a little further removed from
the peoie."-5 West. Law Jour. Now
this doctrine of senatorial exaltation
and grandeur is all new to me. find,
by the constitution, that Senators are
elected for n longer time, and are few
err in number than Representatives, but
| do not find that they have any gen
eral, as distinguished from local, con.
%stituency, or are removed one single
degree further from ~"popular" control
than members of this House. Butler
county has a Representative here with
the same constituency, and no less. MS
has n Of the thirty.siX gentlemen who
sit above stairs, and so have Licking.
Muskingum, Stark, and Champaign.
And Are not Senator's as Immediately
responsible to their constituents, as La
bic to instruction, as Representatives
are to their constituents? Whither, IN
deed, whittier will all these lately ia-
vented doctrines lead US?
Granted, therefore, that a county
may be divided into two or three Sen.
atorinl districts, it does not follow at
all that a county may be. or ought to be,
divided into two or three Representa-.
tive districts. But there is another an.
swer, and a conclusive one, namely:
That n county cannot be divided into
Senatorial districts, although W or
more counties may be united into one
Senatorial district. For wherever the
word ~''DIsTRicT' is used in connection
with Senators, by our constitution, it is
used after the word ~"couNrY," and in
the alternative. Thus, n Senator must
have resided two years in the "countv
or district" for which he is chosen-in
the county, if chosen for a single coun.
IT,, or in the district, if chosen for n SIM
gle county, or IN the district, if chosen
for several counties. So, too, ,he-Sen-
ators, upon being first convened, were
to be divided, by lot, "irom their respec-
tive counties or DISTRICTS" in such man.
ner as TO vacate one half of their seats
every year. And SO Senators are TO
be apporlioned "among the several
counties or districts To be established by
law sho wing, in plain language, that
a district may consist gilmore than one
county, but never 0 fless than me.
A county can only be united for rep
resentative purposes, to those counties
from which il was taken; but any coun-
~ may DE united TO any other county
for senatorial purposes. Yet the fra
mers Of our constitution would seem
TO have been jealous even Of this diff,
ference in favor of Senators: for the
act Of 1904, third section, provides for
making up the returns whenever "a
newly erected county is, BY. the forego1
ing section, classed with the original
county for the purpose of electing N |