The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-12-16
unrdy md Grant Counties.

The section of chapter two OF the
Code of West Virginia provides Ina,
the counties of Hardy and Grant snail
constitute the Seventh Delegate DIS
trict. and that the delegate 10 De
chosen in 1869 shall be resident ottne
county of Grant, and so on IN rota!lon'
II appears that in the absence OF the
publication of the Code, and as IL may
well be supposed, in entire Ignorance OF
its provisions, the people OF the coun'
ties of Hardy and Grant elected del
epate last October, residing In Grant
county. This was not authorized by the
Code. but is authorized by the Consul
tutisn, and we say that the people had a
right to do SO in disregard oil
the Code, whether that choice
book be published or not, for. Dy
the 14th section of article a, OF the
Constitution of West Virginia, HARDY
is secured in her right to Delegate IN
the Legislature of this State, whether
the Delegate reside in one portion or
another of the entire territory OF the
county as it then existed. At the time
Hardy county was admitted into the
State, she was composed OF co!."Iu
specified boundary, and the teIrl'oLy
defined as ontradistingulshed rom che
territory of other counties, ana tne III
habitants thereof constituted the couh-
ty, and it is not in the power Oh Tue
Legislature to deny representation W
the inhabitants of the district OF couh-
try which the Constitution declares
shall have Delegate; nor can the Leg
islature abridge or modify such rlgnL oS
statute, declaring that Delegate snail
reside in q certain portion of the Con-
stitutional district, whether such por-
ton be erected into a new county,
township or election district. 10
admit that the Legislature has
such right would DO cenceolng
n principle to destroy the freedom
of elections, and impair the sacred Cd
LEGATIONS of the Constitution by deciar
ing Ineligible, every year the people OF
an entire county. The inhabitants OF
Grant county, it is said, are inelilgibie
for this year, and next year the lnhao-
itapts of Hardy are incapacitated from
holding the office of Delegate, and so on
from wear to year. This is in violation
of our Constitution, and at war with
the theoryof our republican INSTITUTIONS.
To admit these innovations, ana the
trimming away of the fundamental law,
is the acceptance of despotism tor Con
stitutional freedom, and tends Directly
TO the absolute destruction OF the latter
We repeat our position, which Is
denial of the right of the Legislature TO
declare before or after the election theln-
eligibility of any inhabitant, by reason
of his residence at any place within the
former or original territory OF Hardy
county at the time it was admitted into
the State, whether the place of that
residence be now within Grant county
or not.
If this is Constitutional law, it would
be no departure from the guarantees OF
restraints of that instrument, to declare
that for AL future time the delegate OF
Doddridge county shall reside ION the
Riqht Hand fork Of Toms fork Of the Neat
House fork of Middle Island Creek" This
would be absurd, but no more so than
the provision in the case of Hardy and
Grant.
1t will scarcely be forgotten by any
one at all versed in the laws of Virginia,
whose constitution was similar to the
constitution of this State, that where a
new county was formed the people In
variably voted with the county IRON
which they were taken until a reap
portionment of representation was
made. See the several acts creating
Barbour, Calhoun, Roane, Doddridge
and other counties. These presidents,
we are aware, are not binding, but they
are, nevertheless, persuasive authority,
and show proper regard for constitu.
tional obligations Weston Democrat.