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

constituent and lie representative, princI.
pal and agent, master and servant-RE-
sPEcTlvELY, each by each, severaIly as
well as jointly. by the citizens of the
repeclire Counties TO which the several
Representatives have been apporlioned
mot by citizens Of other counties, mol
by a part Of the citizens OF the county
to which the apportionment was made.
This may be tautology beyond the
extreme of liberation; but what times
must these be, when even tautology
and repetition cannot enforce under
standing, if not acknowledgment.
But, asks the Attorney General, with
an air Of triumph, "if you cannot ap,
portion a Representative to territory
less than a county, how can you ap-
portion one TO territory larger than IA
counly?-[5 West. Law Jour. 246.]
at is perhaps true" he adds. SHAT the
trainers Of u constitution had no dis.
tinct idea either Of the division or uni.
on of counties in the formation of a
Representative district" mo one
doubts" he further adds, s'lhat two or
more counties may be united to form u
district for "A Representative, no,with-
standing the word district is not used.
and the constitution is silent us TO that
mode Of appointment" All this may
be constituted fairly into the following
proposition, namely: The trainers of
ouf constitution nerer' Contemplated eth
er TIL UNION OR THE DIVISION ofcounties
for representatives purposes; but as we
haze been in The habit Of uniting coun-
lies for Moss purposes, ye may now as
sumo to dipide them.
Now, Mr.. Speaker and Gentlemen,
f this kind of argument would not ordina.
rl'y escape very severe and general an
nnadverslon. Because we have these
many years violated one clause of the
! constitution, departed widely from the
: design o. its authors, we ought now,
lorsooth, to violate another clause, and
: add to the ancient outrage a new and
| equally grierous one!
But suppose | show you an express
5 authority from the Consultation to unite
two counties, in a certain event, for
: representative purposes: Do not an.
+ sXer the Attorney Generals argument
: at once,and en,itle myself, also, to the
J benefit OF his admission that the authors
? of the constitution never intended to
I allow the division of counties?
Anticipating an affirmation from W
ry candid man, | cal; your attention to
the third section Of the seventh article.
!, already mentioned, and read you It's last
sentence:
"Every new county, as TO the right
of suffrage ana representation, shall be
considered as IL part of the county. or
counties, from which it was taken, un-
I'll entitled, by numbers, to the right Of
representation"
1t is under this clause (Which Mr..
Attorney General, in his opinion, has
never rectlfied or noticed) that the prac
lice has prevailed, coeval with the con.
s'ilulion itself, Of uniting a county to
the county or counties from which it
was taken for representative purposes.
Thus the first apportionment law.
passed Feb. Ilth, 1904, fixing the
rates OF representation throughout the
%state," it is enacted lin the first sec,ion)
"Tha' the representation of This state
shall be so fixed and apportinned that
the several counties shall be entitled to
| sand ron racantntv &c aro,,I,o. 4;
fecled, viz: The county of TrumbuIl
Two. the county of Columbiana one,
the county OF Jefferson three. the coun.
ty OF Belmont two, the counties oil
Washington, GaIlia, and Muskingum
three, the. county of Fairfield two, the
counties Of Ross and Franklin, four, the
counties of Adams and Scioto three,
The county Of Clermont one, the coun-
ty Of Warren one, the county Of Ham
ilton three, the county Of Butler two,
the county of Montgomery one, the
county Of Greene one." |. Chase's
Stat. 4l0. .. sIf ,as
The new counties Of Gallia, and
Montgomery, Of franklin, and of Scio.
10 were thus united, in representation,
to the old counties from which they
had been taken. ..1i atal t.fls., II.
Ands ST in the second apportionment
law, passed February l7th 1908. the
cpunties of Geauga, Portage, Stark,
rusearawas, Athens, Licking, Knox,
Delaware, Highland, Champaign, Pre-
bic and Miami, having been erected
since the former apportionment, it was
provided lin the third sec,ion) ".fhat
when twogora more counties elect, in
common. Representatives, to the Gen.
eral Assembly, the returns of the cleo.
Eiion, within the same shall be made as
llpIldWeih, TO. wit: The returns within