The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1851-08-27
From the Marietta Intelligencer.
A CONSTITUTIONAL QUESTIONING.
BILE COUNTY.

Noble county to separate representation
in the House Of Representatives, under
the new Constitution. In the apportion.
mont for representatives Noble county is
not named; for it had no existence until
after the adjournment of the constitutional al
convention. The constitution was adopt
ed by the convention on the 10th Of March
and the bill establishing the county of No.
BILE passed the Legislature, we think, on
the 18th. That bill provides that the elec.
tors in the territory from which it Is form
ed, shall vote for Senators and Represen.
tatives in the districts to which they for.
merly belonged.
The new constitution makes an entirely
new apportionment Of the State, but makes
no provision for Noble county, for the very
good reason that there was no such coun.
ty when the convention adjourned.
The End section of the II lth article o
the new constitution provides that "every
county"-having q given population
"shall be entitled to one representative.
Noble county has the requisite population.
Previous to the adoption of the constitu-
tion by the people, the county organiza.
ton was complete-the boundaries clear
ly defined, the officers elected, and the
seat OF justice located.
1t would seem that it ought to have a
representative. But the counties from
which the territory of Noble is taken can
none Of them be deprived Of the repre-
sentation given them by the new constitu-
tioD. Guernsey, Monroe, Morgan and
Washington will "severally have one rep.
resentative in each session; and two ad-
ditional representatives, one in the second
and one in the fourth session, of the de-
cennial period'-just as if their territory
and population had not been reduced by
the formation of Noble county. No one
of these counties loses any part Of its re-
presentation-and the new county, which
is made up Of patches therelrom, has a
representation of its own.
We do not see how any other result can
follow, unless it is claimed-whch we sup
pose hardly will bs-that the constitution
took effect on the 10th of March last,
when it was adopted by the convention
more than three months before it was rati-
fed by the people. THEN, all counties
subsequently formed, are subject TO all re-
quirements and provisions of the new con-
sttution relating to new counties, viz: the
law creating them TO be approved by
majority Of the votes of all counties inter.
ested-and "all territory belonging to
county at the time of any apportonment
to remain, as TO right of representation and
suffrage, an integral part thereof during
the decennial period" In that view, No.
ble county has NO LEGAL EXISTENCE until
the law creating it is approved, by ma
jority vote, of all the counties interested.
But we think it clear that these provisions
cannot affect any counties formed previ.
Gus to the ratification of the new constitu-
ton by the people.
We understand there is some diversity
Of opinion among the people of the coun-
ty as to a right of a separate representa-.
ton, and if the voters see fit to elect no
representative for ten years, and choose
to be taxed without representation, nobo-
dy out Of the county will object. But we
think their right to elect is clear, and we
have no doubt that if they choose 10 exer-
else the right, the House, in Judging Of the
returns and qualifications Of its members,
will give that clause Of the new constitu.
ton which relates to a separate representa-
ton, liberal and equitable construction.
For the same reason that Noble is omit
ted in the apportionment for representa-
tves, it is not named in the judicial appor-
tonment We do not see how the cleo
tors of that county can vote in ANY dis.
trict or subdivision of district, for Judges
Of the Court of Common Pleas. The leg.
islature must hereafter attach the county
to either the 1st or Cd subdivision of the
9th district, or the Sd subdivision OF the
7th. Until that is done, we suppose the
voters there can have no voice in the elec.
ton Of common pleas Judge. This is
not just, but still greater injustice would
be done if they should vote with the sew
eral counties from which Noble is formed
That whole county will be connected eth.
er with this judicial district or with the
Guernsey and Monroe district, or with
the Morgan and Muskingum district
Now the vote of the different sections with
the counties from which they were taken,
might elect judge in all three of the sub
divisions, and in two OF these the county
can have no interest. Besides, in this
way man might be elected in the dis
trict to which the county shall subsequently
be attached, who would not have been
chosen with the vote Of the WHOLE coun-
ty cast for candidates belonging in that
subdivision.
As TO the vote Of the county for Sena-
tor. it is generally thought that the several
sections will vote in the counties from which
they were taken. This will make great
deal Of trouble and confusion in all the
counties where territory was altered by the
formation of Noble, and there is some
question how and where the votes are TO be
given and returned. For instance Half
OF Jolly township, Washington county, is
now attached to Benton township, Mon |
roe county. The people in that territory