Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1856-02-20

| No county shall be divided by hDe cut
. ting off over ne-tenth Of its population, lei
| thcr to form new county or otherwise. ) with
ont the express assent of such county, by 8
vote of the electors thereof
| discussing this article in the Senate, Mr.
Buckalew. after enumerating various provis'
| ions of similar character ia the Constitutions
| of other States. Gays:
| That there are good reasons for following
in the path thus traced out for Us, l shall at
tempt to establish.
The argument is two-hold: fs,st-from the
nature and effects of new county questions in
the localities where they arise; and second
| from their influence on the action Of the Leg
| lslature.
Clearly, county question is one of
| disturbance where it exists, and produces
there great mischiefs during its continuance
| So true is this, that more than one county has
| been created to re-establish peace and con-
cord, and in all eases that object is made a
leading argument for yielding up objections
CONFUSION in community is created by a
division question, and then its existence IS
| argued to justify the measure that has caused
it! In tins way, pertinacity and violence are
made to supply the place OF reason, and the
those who are responsible for them.
Such questions disturb party action in a
manner the most Objectionable aud perncious
They are the aids of faction and of desperate
mcn, md beget con. binatious fatal alike u
principle and homer. This denunciation is Tot
a whit too strong, and is justified by numer-
Gus and notorious facts. i new county IN
tcrest often unites itself to minority party
to carry an election without regard 20 public
principles involved IN the contest. and pats
men INTO pu5lic position who are false repre-
>cutatiyes of the political opinions of Their dis
Tlcts Bad men, interruptions men, aad
those who are desperate from the rejection of
their own party. rejoice Ia combinations which
such q estions render possible, and by which
their interests are promoted and their pas
sions graiiied.
The general Ill viii between localities and
neighborhoods created 10y such questions is
also 10 be regarded, hot as an argument for
their success, but as en- objection to permitting
them to arise. Ii should Be toe policy Of
government not only TO preserve the public
peace from open violent breach, but also TO
discourage, and If possible prevent, whatever
may disturb the public harmony. Jealousy
abuse, and SANDER of places and individuals,
are the ordinary fruits Of such questions, and
constitute an argument for repressing them
by some means adequate to the purpose.
Their effect upon legislation is evil and in
furious in high degree. No other subject,
shat of corporations alone excepted. is prOduc-
tive of worse results upon the action Of the two
Houses. 4 member of either House with
contested locrl question to carry Is absorbed by
1t, and his services, to great extent. lost
upon the general business of the session.
Not only so--he acts under dufcss through
out He must step tenderly, speak with ba-
ted BREATH aud give votes upon principles OF
accommodation or compact which he would
not otherwise do. The Same observations
describe the position of member conducting
the opposition to such measure He must BE-
equally enterpri ing and subservicnt to coun-
teract his opponent and vindieate himself al
home. and thus the question cxerts double
Influence for evil upon the Houses.
New counties multiply Offices and increase
public expenditures; and the object of many
in supporting them always is 10 WELD or re-
ceive the patronage they create by causing the
streams of disbursement to 60 forth from new
points and fow IN unaccustomed channels
This object inspires effort by enlisting cupid
ty and ambition but it deserves neither en-
couragement nor respect
Another objection is connected with the |
administration of justice. The Impartial APP I
plication of the laws 70 disputes between indi /
viduaIs and the punishment of offences, is not /
ouly duty of government, but ranks amongst |
its most important functions Now, jurors /
drawn FROM u small territory are likely to par
ticipate in the passions whicE important civil /
controversies and criminal questions inspire,
and will come to their decisions with prejudi
ces and predictions destructive to impartial
ity and justice. The f ,glish common law
doctrine of trial by a jury of the ricin0ge,
which is recognized in prosecutions by our
was well conceived for the pro-
lection of the weak against the oppression of
the powerful, as it enlisted local attachments
on the side of the former and facilitated the
iabors Of defence but 1t is of less Importance
with u.s. and we find that justice is most sure /
~ attained when trials take place before those /
who have little or no connection with or knowl- /
edge of the parties. The vicinage is the coun-
ty and the county should be extensive enough I
to secure jurors who stand free from impress /
sions of enmity or friendship that may swerve /
them from faithful performance of duty, /
whether the issue be civil or criminal.
Upon the whole, when the argument of 1
contenience comes to be confronted with the I
objections against new counties. the cases
where they should be created, viii be found |
exceedingly rare and exceptional.
1t is to be considered, that this question is
q very different one from what it was fifty or
a hundred years ago, when large districts of
the State were unsettled, and apparent reason
existed for the power of creating new divis-
ions of territory as the tide of population
spread over the interior But, we have now