The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-17
From the Neic York Tribune.

Ihc issue made up IN ONO.
That there may be no mistake or cavil with re-
gard TO the issue now pending before the Legisla-
ture and people of Ohio, we make the following ex-
tracts from the elaborate speech of Mr.. VIM. +.
Johnson, who claims seat in the Ohio Senate as a
Senator elect from Hamilton county in support and
vindication of said claim we find il reported in
the Ohio Statesman, the Locofoco State organ. Mr.
johnson in his opening says:
81 embrace this occasion to be heard by the peo
pie OF the whole State from this chamber, in behalf
of the people of Hamilton county.
"fhe opposite party claim this law To have been
legally passed. shall treat il such; by no means
however, conceding the proposition except for the
mere purpose of argument.
''Ihe apportionment law of l841 - apportions to
Hamilton county two Senators, and prescribes the
OF their election.
1.-The electors of the county have dsregardcd en-
trey the manner of election prescribed in the law
and returned me, by large majority of votes, to
NIL the seat consttutionaly vacated.
"My antagonist claims the seat, pleading the law
requiring the Senators thus apportioned To the
county TO by thevotsrs OF the county,
by majority oi voters in eight OF the wards OF the
city of Cincinnati. In other words, eight wards of
the city of Cincinnati claim district Senatorial
representation here and plead in defence OF their
right law regulating the manner OF election.
''rhe people of the whole county assert their
right of representation, and plead in defence the
constitution of the State.
Accustomed as the people of Hamilton county
have been for nearly half century, TO regard
suffrage political unit, it could not but be
pected that an arbitrary, new, and unnatural cleo
tora subdivision, imposed upon them without their
consent, and contrary to their wishes, would be
regarded with profound dissatisfaction and alarm
Believing the law unconstitutional, and therefore
void, they have disregarded its provisions entirely
and made direct issue upon the question, to bring
1t constitutonally before the Senate
There can be no room for doubt or cayil as to the
meaning of this language; Mr.. Johnson claims a
seat on the naked and single ground that so much
of the Apportionment Law as purports to divide
Hamilton county into two senatorial districts is
unconstitutional, therefore null and void as in con-
fiict with the constitutional provision that
''Thc number Of Senators shall be apportioned
among the seuerai counties districts to be estab
lished by law, according to the number of white
male inhabitants of twenty one years Of age in
each.''
This proposition Mr.. Johnson proceeds to argue
through live close columns, laying principal stress
on the kindred provision with regard to Repesen-
fafiUes, wherein the words ''or districts" not
found following ''among the several counties"
Having demonstrated, to his own satisfaction, that
this provision foIbids any division of any county
into two or more districts, he concludes
can immense number of people are now watch
ing our conduct with anxiety and interest. II is
contest between the usurpation OF the law making
power, and the right of a sovereign community
The people of Hamilton hoped to have been able to
urge their grievances before the Senate consti
tutional court, and to ask Of them their interposi
tion-their legal and constitutional interposition-
protect them from this unheard of, worse than Van
dial attempt of the invasion of their rights. The
Senate of Ohio is the only court of competent juris
diction, because no other court can enforce their
decree. 1t undoubtedly presents the anomaly OF a
body acting judcially upon law to which they
have already assented, but it is incidental to our
form OF government"
Here you the question to be decided and the
body which Tin Mr.. J.'s opinion) is called upon to
decide 1T. The question is the consttutionaity Of
certain act of the Ohio Legislature of 1S47-'S-
the tribunal to decide it is the Ohio Senate of
lS49-5O. But, in order to have it decided to their
liking, Mr.. Johnson and his party insist that this
tribunal shall be constituted they would have it
to begin with-a Senator chosen in admitted &C
cordance with the law must be elected from his
seat, and claiming his place in ostentatious vi
olaton OF the law must be seated in his stead, in
order to force, by the casting vote of that law-de
fer, judgment that the law is nullity!
The contemner of the law in effect says, s'I i'm
peach the law unconstitutional, and, in order
to have the question of its constitutonality adju
dictated, insist that the court shall be remodeled
by the election of one of the law made Judges, and
the installation of myself the law defer, i'll his
stead. will not consent that both of us shall
stand aside while the undisputed judges settle the
question; but will vote on every question that
am the true senator, and the law nulity, while
my law abiding opponent shall not vote at all ,
and my vote shall decide that am the senator
and he is none" And this requsition the law
abiding party are commanded to submit to on pen
atty OF having the session utterly fail, and them
selves charged with the failure
Let no man say, This is single case though
hard one" 1t is natural illustration of the in
nate hostility of Locofocosm to law, when law does
not subservc its ends IL is not unlike the nullifi
cation by four States of that clause Of the last con-
gressional apportionmen law which prescribes that
each member OF the House OF Representatives shall
be chosen by separate single district. True, pub
lie sentiment Ultimately drove the Legislature of
each State into conformity to the law, but in the
first Congress chosen after its enactment the States
of New Hampshire, Georgia, Missouri, and Mis-
sssippi were all represented by full Locoioco dele
cations elected and returned in ostentatious deh-
ance of the law, and they all admitted TO sit
and vote exactly if the single district requsition
had never been enacted. Ii was not repealed nor
adjudged unconstitutional otherwise than by its
: violation; any inquiry instituted as to its
validity and force. Locofocoism had large ma
iorty in the House, and that answered the purpose
The Ohio is but expansion and more per
sstent application Of the same principle. The
genius of that party tends to the supremacy of
brute force the PROSTATE form of law, and
these are but two out of several cases in which it
has proved true 10 its instincts.