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

new county should be established, 0y
the General Assembly, which would
reduce the county or counties, or either
of them. from which it was taken, TO
less contents than four hundred squire
miles. And to prevent the Legislature
from erecting any part OF an existing
county into a separate county organI-
ton, in such1a mode as TO deprive it OF
Sc representation, it was further declared
that no county should be laid off Of less
contents than four hundred square miles,
and that every new county. as 10 the
right of suffrage and representation,
should be considered rs II part Of the
county, or counties. from which it was
taken, until entitled. by numbers, TO the
right of representation.
These are all the passages OF our
constitution touching Representatives
in the General Assembly, and the in.
%tention nl them is plain.
When the quadrennial enumeration
Of white male inhabitants shall have
been made, The whole number of Rep
resentatives in the General Assembly
must he fixed. And this whole nun
Der must be apportioned among the
several counties then in existence--so
many of the number 10 Hamilton coun
,v, so many 10 CIermont,. so many to
each Of the other counties just as the
constitution itself app >r,ioned the thirty
Representatives of the first State Legis,
@lature.
Thus far the bill Of February 18Th.
l848. stn fix and apportlon the repre-
sentation of the General Assembly OF
the State of Ohio" obeys The conslilu.
ton: Tor i, fres the whole number OF
Senators at thirty-six, of Representa-.
tives at seventy-two, and a%Ppori1ons,o OF
thar number. two Senators and five Rep.
resen,atives to the COUNTY Of Hamilton.
Let me read the first section Of the bill,
THAT The General Assembly of this
State shall be composed OF thirty.siA
Senators and seventy7two Representa-
tives, TO be apporlioned as follows. to
wit: .sG
SO the county Of Hamilton two
Senators and five Representatives. &c
be elected as follows: SO much OF The
said county of Hamilton as is comprIs
ed within the limits, as now constituted
of The first, second. third, fourth, fifth
sixth, seventh and eighth wards Of the
city of Cincinnati, shall compose the
first district, and shall he entitled to one
Senator and two representatives.. the
Senator 10 be elected in the Years eight
teen hundred and forty.nine and eight,
teen hundred and 6fly-one: so much OF
said county OF Hamilton us is not inclu-
ded in the frs, district shall compose
the second district, and shall be entitled
to one Senator and three Representa-
lives, The Senator to he elected in the
years eighteen hundred and iorty elgh!
and eighteen hundred and fifty" Ash
pol. OHIO Sfai., 81.
Blu, YOU perceive. Mr.. Speaker and
QtUtIetIltHs tldt WlIUItho NV L'tIst'tu
lion ordains the annual chnice OF Rep.
resenla,ives ''by the cillzens of each
county respectively (Which is to say,
ia terms more familiar, that each citizen
OF the county shall have a vote for each
Representatives. this bill of FEBRUARY
last provides that one of the Senators
with two oil the Representatives shall
De chosen by a part Of the cilIz-ns Of
the county, and the other Senator with
three Of the representatives BY The res
idue of the citizens. In this regard, the
bill is clearly unconstlliu nal, and, in
This regard, must he holden tor nought.
That part OF an act of the Legislature
NAV be void for unconstilutionality and.
the remainder valid, has been decided
SO often, and is so familiar II principle
of the law, as TO require no argument.
/ will merely cite (for the satisfaction
OF those gentlemen who are not OF the
legal prolession) the language of our
hiyhps, court, IN the ease OF The city of
Cincinnati vs.. Peter BryS6n, as utter
ed by the present Grief Justice: ia
..ln constructing statutes, lle rule is
to enforce them so lar AS they are con.
,litutionally made. rejecting only those
provisions which shn " an excess of az,
thnri,y by lie enac.ing power" Is
Ohio Rep. 645.
n ,uao n ,l,;n savcesso oofhnr,tv',