The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-02-17
WOODSFIELD OHIO, SATURDAY, FEBRUARY IL, 14e.

of The Stale, (dlsregardlng, indeed, the
terms Of the blll.) by the votes of all the
citizens of that county.
1t is said, however, that our Attorney
General has pronounced the bill TO be
entirely constitutional, and that we
must, therefore, submit TO its provisions.
But can there be a more absurd and
dangerous doctrine than that we hold
our ELECTORAL rights by the mere tenure
of an Attorney Generals opinion Ia
office: not judicial in his character, and
an opinion from which the law has Civ
on no mode of appeal. The Attorney
General did not hear an argument upon
both sides before he pronounced his
opinion, as courts ofjustice always do,
ana MS this House is now about to do.
No magistrate can render judgment a.
gainsta man, for one cent, without Civ.
ing him an opportunity to argue his
cause; yet thousands Of citizens, we
are told. may be DISTINGUISHED upon the
inconsideraie ez parle opinion OF one
LAWYER.
NV, Mr.. Speaker and Gentlemen.
no man has a higher regard for the lie.
gal abilities and %attainments of the
present Attorney General than | have.
He does infinite honor To- Almost hon.
nrable office-one which, ] trust, NAV
he always continued IN reward 'emi.
hence IL the legal profession, and be al
wuys conferred on advocates as elo.
quent and lawyers MS profound as the
gentleman whose opinion | am now to
examine.
The Attorney General has based his
argument. almost entirely. upon the il.
Illustrations dawn from the Constitution
of New Yerk, and the Constitution OF
The Uuited States, and has not candid.
u and carefully scanned our own iun.
damenlal law.
In regard to the Constitution OF New
York, it is complete answer that ex.
presi provision is thereby made for di
vIding counties. Here is the passage;
"The members Of the Assembly shat
be apportioned among the several coun
ties Of this State, by the Lrgisla,ure,'a a,
nearly as may he. according, to the nun
Der Of their respective inhabitants. ex
GLIDING aliens and persons OF colour
not taxed, and shall be chosen by sin
gle districts."--(West Law Jour. 244.
And the sections folio wing the one
just quoted provide how the Boards ot
Supervisors, not the Legislature, shall
proceed to divide their respective coun,
ties into districts. Our constitution de.
c%Iares that the Representatives, shall he
che soy the citizens of each county
respeciiveiy." while the New York con.
@stilutIon declares that they shall be
chosen ''by single disih icts;" yet the
Attorney General has presumed 10 treat
them as similar! He had better exam.
inc the previous constitution and histo-
rv Of New York, and he Will learn that
the city of New York. constituting a
county. sentup sixteen Representatives,
to the Legislature, and no man imagin.
ed thai they could be elected '.bv sim
gle Districts till the new constitution
so proclaimed. 'aI't 90 aaa
Although the constitution Of the u.
nited States provides that Representa-
lives in Congress .shall be appor,ioned
among the States" it does not further
provide thatthey shall be chooses by the
citizens Of each State RESPECTIVELY nor
use any language of that kind. The
States may, therefore, he divided into
representative districts under. the con-
s'itution of the United States, hut there
is an daiiiional s%ection, in our consli
tuition, by which the division Of a coun-
.ty Tor representative purposes, is rem
dered impossible. rs.
2 The Attorney General could not es-
cape the prompt rebuko of the court
had lie thus CRED authorities in an ar.
gument before ~ Supreme Judges.
Indeed, from the first to the last. that
learned officer seems not to have COM
pretended the meaning Of this third
section of the first article--"The Rep
resentmives shall be chosen annually,
ny the citizens of each county REspEc.
lively. on the second Tuesday Of De-
tuber"--n section which he family men
tions IN his general summary of thu
constitutional provisions, but a section
to which he has not applied one lsylla-
Of his argument, nor directed his exam
matioh for. one moment. o Ye, it is his
very section to which we appeal, and
which, when examined and-considered,
will be found toeerush the Attorney
Generate opinion, as between the up
per and the neither mill stones. 1t be-
comes. indeed no question Of canstitn-
tional law; ait needs only aresei I'd
hur dictionaries and gtanmars .The
Representatives shall be chosen annual