The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1851-08-27
TFrom the Morgan Herald

| iOh thO
Mr. EDIToR:-An interesting question
having arisen in relation 10 the right Of
Noble county to separate representation
| (in the House Of Representatives. under
the New Constitution Of this State, with
your permission propose briefly to review
the question through the medium Of your
valued paper. In order to arrive at cor
rect decision. ! consider it necessary first
to decide and determine at what period Of
time the New Constitution had any bind.
ing obligation or effect touching this ques-
tion) lf il took effect on the 10th of
March last, the day on which it was adopt.
ed by the Conventions; then all new coun-
ties thereafter, was subject to all the re-
quirements and conditions OF the New
Constitution, relating 10 new counties, viz:
the law creating them to be approved by
majority of the voters Of all counties in
terested-and ''all territory belonging to d
county at the time of any apportionment,
to remain, as to right of representation
and suffrage, an integral part thereof dur
ing the decennial period" Should that
be correct view, Noble county has no
legal existence until the law creating it is
approved, by majority vote, Of all the
counties interested 1t must be apparent
to all that the New Constitution had no
binding effect, (as relates to this question:
until ratified by the people on the 17th Of
June last-and that the provisions named
above relating to new counties, only refer
to counties that may be created, under the
New Constitution.
As the New Constitution had no binding
effect until the 17lh of June, the appor-
tionment contained in it, had no effect
previous to that time.
The apporlionment in the New Consti-
tuition Article IL, Sec. 2. declares that
every county having (given population)
shall be entitled to one Representative
Noble county has the requisite population
and was erected after the Convention ad-
journed, but previous TO the 18th of June,'
the day the New Constitution became the
supreme law Of the State. On that day,
Noble county was recognised by the New
Constitution, as one of the counties of the
State. as clearly as any other county;
boundaries of each and every county then
being clearly defined. Will any one deny
the right of Noble county to Probate
Judge! The New Constitution says that
each county shall have Probate Court;
also says that every county having pop.
ulation equal 10 that of Noble county "shall
be entitled to one Representative" But
says one. Noble county is not named in
the apportionment for representatives.
Neither is it in the judicial apportionment.
simply because the county was not Great
ed until after the Convention adjourned.
Will any one deny the people Of that
county, the benefits Of the whole judiciary.
provided for in the New constitution. viz:
Probate Court. Court OF Common Pleas
&c? If the New Constitution extends to
Noble county equal judicial rights and
privileges. why not equal Legislative rights
and prviegesl The county is not named
in either the Legislative or Judicial ap-
portonment, for the reason above named.-,
The people of Noble county may refuse
to elect Representative for ten, or more
years, and insist on being taxed without
representation. presume. however, that
too much of the blood of '76 remains in
WclI NciuS W tllluh VI SuCu
themselves.
Each branch Of the Legislature being
sole "judges of election returns and quail
ifcations Of its own members" the House
of Representatives will no doubt act upon
the most liberal and equitable construc-.
ton of that part of the New Constitution,
relating to the right Of separate represen-
tation for Noble county, should they elect
a Representative and claim their rights.
have been induced to examine this
subject partly from the fact that an error
had (as conceivej been committed in the
cali for our whig county convention. WsN
may as well talk Of meeting in convention
with Perry or Muskingum counties, ,fornom.
mating representative, as with any part Of
Noble county. presume the error was
committed by inadvertance, and will BE-
explained by our central committee.
H. DAWES
MALTA, July Fl, 1851. sssi ss'a