The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-03-03

y pointed lnsthe present instance, and a.
applied TO the objection tina, bo,t
aouseshave enacted this bill, Zee au 50
the constitution has conferred upof1sAii.
body judiciat powers over the subiec,
matter ot its own membership, and
I powers, moreover, including as well the
Jurisdiction of the Senate as OF the Su
iprsme Cbort and the Governor. Thus
4 IN section eighth Of the hrst article, we
| ind the following announcements =
y p "Fhe sSenate and House Of Re pre-,
lIseniatives, when assembled, shaii EAc,I
choose a Speaker and its other officers
be JUDeEs Of the qualifications and cleo.
lions Of its members, and sit upon its
own adjournments; two.thirds OF each
House shall constitute quorum to do
business, but smaller number my
adjourn from day to day, and compel
the attendance Of absent memoers.''
| The very largest delegation Of pow.
or, therefore. to the Supreme Court
over the validity Of statutes in general
Is hereby reposed in this House over
statutes,as well as sand rules, con.
cernipg the election. Of representatives.
j And urge 1t, asa substantial objection,
that this bill contains usurpauon by
the Senate and by the House, res6ec.
lively, OF the exclusive privilegesof each
othei "a nsurpation by the Senate in
so tar as9It assumes tosfeguIate the
mode of electing req enta lives, and
OF the House in regard 10 the election
oisenators. The gentlemen who con-
posed the last two Houses Of he Gen.
eral Assembly may have been wiling,
tor causes which they best understand,
to bring about this .Dutua usurpation;
but their action neither can nor ought,
in view Of the solemn oath ofits mem.
sbers, so bind the pfesent House.
Let It ever be- Remembered, that the
bill 5of the 18th February, l848, does
nctf profess to apportioa Representa-
tlges tota less district than a county
Ialthough its authors were urged TO do
so by the Attorney General. The
opinion ofthatfgentleman could not in
Iduce an act SO obviously unconslitu.
ilonal, at the hands even Of those who
kwere prone 70 commit it. TIE authors
Epf the bill thought to accomplish The
same result. indirectly, under the pre-
tence of regulating, by act of the Leg.
|islature, The mode of election of Sena.
tols and Representatives. For the re.
|port ofthe joint select COMMITTEES, Jan.
18th, l843, Declares: I'd g.,a. .. aH4 4
"The number Of Representatives be-
ing limited, it isfound by the enumera.
ton that some counties are entitled to
less than one, some TO one, ands Hamil.
ton county to five. The bill literally
performs this requirement, and does
apporlion five Representatives to Ham.
iIton county. For reasons which an. |
ply TO that county and not to others.
the bill provides that the Representa-.
tlves shall be elected in "a peculiar man.
ner. The question therefore, instead
OF being one of apporlionment, is re.
solved into the mere manner Of election.
Senate journal, ls47-8. A PIP. So.
That the bill does "IbsraIIy" appor.
lion five Representatives to Hamilton
county is indeed beyond question lib.
'rally but not substantially, inasmuch
rs two liiths of the people are deprived
d the right Of voting Tor three of these
representatives, and ,hree-fifths Of the
people are deprived Of the right for two.
Whilst show was made of observing
he constitution, by observing its form,
he substance and essence Of it was
violated. t14az 7' t".a
But whilst the authors Of the bill
we're carefully Steering rodnd the letter
If this second section of the first clause.
hey saw not the fatal abyss Of the third /,
eclion yearning 10 destroy them The
ection which provides for the election !
f Representatives .'bg the citizens ofIt
ach county respectiuely,' o.. which /
ave heretofore adver,ed.. Nay, worse !
han,he who, avoiding SylIa, was cas-, .
pom the rocks of.Chary bdis, those i'll. \
tarred mariners were !overtaken BY a i
ale, mid way Of the narrow strait, and b
'rthwith piteously drowned. They q
,rget that "THE MERE MODE OF ELEc 7
IoN," as regards members Of the Two
louses, pas mol subject d Legislation, h
nd never could become such. The q
onstitution has prescribed all tina, is Il
ecessary upon the subject, and it has n
.posed judicial power in the two A
louses to decide, respectively, wheth. v
: the members have been elected ac. If
,rding tothat prescription. Nor can a,
see any difficulty, should the Senate n
sclare the bill constitutional even af. a,
u the House has decided otherwise--- v,
,yimore, than il the Common Pleas of et
utter should hold an act stiiu- m
,nnl "A the Ca,a,,,xs> Dl.. ur III, |