The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-02-24

within some county. And every oi
'hem is governed by a yearly officer.
which we call a Shireve (SHERlTF,)
which name is compounded Of these
two Saxon words, shire and reUe, i. 9.
praepositus. or prastsclus. comitatus.
Firsl or chief man IF The eounty.] Bn'
heteof, more hereafter, in its proper
pace, shall be spoken. There be 10
England forty.one counties, and in
Wales twelve - Co. Litt. fO9, a.
[The present number Of counties in
England is forty, and in Wales twelve,
mixing toge ther ifty.two.-Mr. Thom
ass NoN.1 sa# r72}s#o 1S.4z z5@
Blackstone writes 10 the same, effect:
"Shire is a Saxon word, signifying
division; but a county, comitatus, is
plainly derived from comes, the Count
Of the Franks; that is, the Earl or Al
derman (as the Saxons called hiu) Of
the shire. 10 whom the government of
it was entrusted. This he usually ex-
ercised by his deputy, still called in
.a,in. u;ce.com,s, and in English. THE
SHERIFF, Shirpve, or Shire.reeve, signi.
lying the officer of the shire, upon
whom, by process Of time, the civil ad
uiinistsation oft is now totally devolv.
ed.- Black. Cam. lis. "a
From all these passages, it will per-
fecily appear that counties were politi.
cal divisions of the state, well defined
rs such, having courts, SHE riffs, and in
Oil tunes. an Earl or Alderman. They
partook somewhat Of II sovereign char
acter, i"r ",ndrrd by the ancien, law.
IN all peculiar Jurisdictions, offences
we're said 10 be done against his peace
n whose court they were tried, in q
court leel. cont, a pacem dominl; in the
court Of a corporation. contra pacem
bailiroram; III the sheriff's court or
tpurn, contra pacem rice.comitis." e.
Black. Com. ll7) against the peace Of
the sheriff. All the business Of the coun.
~ was done. id the county courts, and
under direction III the sheriff, the eIec
lion TIRE Jresenta,ives as we'll as the
,ria! Of cases, and The conveyance Of
lands. And To- this day, in England,
the Representatives OF counties are
chosen by the electors assembled in
cnunty court. quote from my old
and approved horn-book again ,gh
"Bnt elections of knights OF the shire.
must BE- proceeded to. by the fsheri1s.
themselves, in person, at the nert coun.
ty court that shall happen after the de-.
livery Of the writ.1Q Black. Com.
l78.) And our sheriff''s procIamations,
TO this moment, call eapon the electors
TO MEET, and choose representatives.
showing plainly the original practice.
!. is beyond question, therefore, that.
sherifs, jurors, and county courts. in
lhe7 absence Of cypress legislation, have
coe xtcnsivs electoral districts and .ju-
risdiciinn. do not mean to say that il
cannot be o,herwise; but lido say that
as such has been The immemorial un.
ders,anding, and such certainly was
(at the date of our constitution) the uni
versal understanding, lis not only un
true, but i, is idle 10 pretend that our
fathers contemplated the division of
counties for The purpose OF representa-
tioa. Hence. in every. constitution
which followed The Saxon system, when
everlrepresenta,ives are allowed to less
than a county, II IS plainly expressed
as, Tor instance, 10 the cities of Phila-
|delphia, Baltimore and Richmond
ThereIwere 10 cities IN Ohio when our
constitution was adopted; and, there
being do necessity for municipal or b.
rough representation, no provision was
ever made Tor IL. On the contrary, a
new county was to remain attnched TO
its parent till it could separately have
representative as well as, sheriff, a |
court and Jurors. 7g
And, furthermore, in every case
where Representatives have been np-
portioned, TO less than county, lin this
country and IN England,) they were
representatives oi city or borough
corporate having a sheriff, or baiIiffs, I
and a rourt. Let me recur 10 Sir VIII.
liam Blackstone, and for. the last time:
1"rhere are also counties corporate,
which are certain cities aud towns,
somr with more. some wilhless terri,o-
~ annexed 4" them; to which, out oil
special grace and favor. the Kings ,oll
Ehelhnd have granted the privilege, 10
se counliesuf themselves, and lot 10 be
in any other copatv; hut TO
he gorerne.lihvtheir own sheritls, and !
other magistrates, SO hhat no officer ol /,
the caSnIv at large have,any power to i
Intern,eddie therein. Such are London, !
York. Rrisio', Norwich, Coventry. and ,
many o,hers."--l Black. Com. 4 20.
" All ICnndnn u Rri.toIll 4 ~ nd ,,,.x. ,