Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-09-16


, from their own wells without frs
obtaining the permission ofla company
This bill was actually passed through
the Council, over my, veto, alter 1 kaG
called their attention 10 its Zprpyisions;
but the people of the town becoming a,
larmed, it was finally defeated in the
lower house. This is only serf exam
pie of their conduct. But.kaye We any
assurance that, if called tes .er, .ths
members Of -tLG-4ate slatfSes ssem'
/ BY would make a new appertionment:
During the late session, this, subject was
frequently spoken of, and urged on the
attention Of the members; but it was
not until the tenth day of february, on
ly two days before the session must ex-
pire; that bill for that purpose was in
troduced. Even then there was time
to have passed the bill, but the majority,
no doubt, found it more congcnia1 to
their views to grant charters to private
companies, confer banking privileges
making war upon the Judiciary, and ell
evate the military over the civil author
ties Of the government. Their conduct
cannot bat lie regarded as "a deliberate
refusal to discharge their duties on this
subject, and it is hardly probable that
the same men, if called together again,
would not act in tie same manner. Ev-
cry body remembers how much was said
and written about the nineteen disfran-
chised countless and the members Of
the Legislature allowed the session to
approach to within two days of its ter
nlination, without making one move to-
wards correcting the evil complained Of,
but busted themselves with endeavoring
to deprive the people virtually, ofcourts
of justice, getting up schemes for con-
stitutional Conventions, without first
submitting the question to the people to
know whether they desire Convention
or no:, as well 'busyin5 themselves about
other little matters before alluded to, and
actually adjourned withou renef yiug
the very thing most complained Of, and
left the nineteen counties stH disfran-
chised, evidently preicring private ag-
gra&dlseincut to public duty. After
Fsuch exhibitions OF recklessness, such
disregard of fai h, such disregard of the
rights or the people, is it to be expected
that they would carry out sny le@iti-
mate object for which they might be
called together? Having once violated
their faith and their spubiiea saaties fer
personal spleen and private, aggrandise-
nent, can they again be trusted?
| 1t has been suggested that the Gov
ernor might assume the responsibility to
make new apportionment. The laws
do not authorize any such act. There
is no doubt but that the present appor-
tionment is very unequal, and that it
ought to be materially changed; but If
there must be any assumption Of power
In remedying this defect, it had better
be done by the people than by the Exc
cutive. The different departments Of
our o7ernment-the Legislative, Exc
cutive and Judieial-ought never to be
allowed to infringe on one another, and
it is seldom that case arises that would
Justify an executive officer in the exer-
else Of powers not clearly delegated to
him by law. In this case, do not think
such contingency has arisen, and there
| fore | do not feel authorized to go out
side of the law and do an act which more
appropriately belongs to the people. 1t is
true, that to reach it, they will have
to take more circuitous route, but still
they can reach it, nevertheless, and that
too, without the violation of any law OF
the land. The second section Of the
Act Of February Goth, 1857, would seem
to confne its operotions to ''the first
session of the second Legislative Assem-
BLY," for these are the words used; but
J it s apparent that they convey an er
roneous impression. Two regular scs
sion of the Legislative assembly had al
ready been held and this Act WAS inteu-
dcd for the third. The difference which
this Act would seem to make bctwcci
session and Legislative Assemblies, i
not authorized by the Organic Act. Iha
Act provides that there shall be but on;
session Of the Legislative assembly IL
each year, except on extraordinary oc
casions, and it is only in this sense tina
these terms used i'll the Act OF 1857, b
construed to apply literally to the mem
bers elected in October Of that year, the
there would seem to have been on au
thority for them to hold the session com
mencinm on the 4th Of January last, TO
the extra session held the month prev
Gus was the first session" of that Legs
Iativc Assembly, and their term OF SCI
vice should have terminated with thu
session. This view, l presume, woul
= be regarded as Prcposterous by ever.
: one.
p My conclusion, therefore; is, that Il
& election ought to be held under the Id
apportionment; and am assured, by II
Secretary of the Territory, that II so he'll
, he will issue certificates to the perso.
=. who receive the highest number ofvot
i in accordance with the provisions Of th
- Act. T think this would be the prop
!. course to pursue, for several reasons.
&c Its. The people can thereby then
e selves correct the evil complained of,
lie electing, in the same districts, men WI
, will moro faithfully represent them, tn;
t. those elected last year.
at I'd. If there should be any neccssi
- for Congressional Intervention, it can
- had as we'll after, as before the clcctio
n 3D.. 1t will be keeping the powers
u the government within their legjtima i
i channels.
in 4th. By it, the Governor will not
SIS called on to exercise doubtful powe
oror