The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-12-13

HARDY AND GRANT COUNTIES.
The End section Of chapter aud Of the
Code of West Virginia provides that the
Counties Of Hardy and Grant shall con-
s.itute the 7th Delegate District; and that,
the Delegate to be chosen in 1860 shall
bo resident of the County of Hardy.
aud at tho election in 1870 of the County
Of Grant, and SO on. in rotation.
1t appears that in the absence Of the
publication Of tho Codo, and Us it may
we'll be supposed, in entire ignorance of
its provisions. The people Of the Counties
Of Hardy and Grant elected a delegate
last October, residing in Grant County,
This was net authorized by tho Code, but
is authorized by the Constitution, aud ~e
say that the people had right to do so in
disregard Of the Code. whether that choice
book be published or not
For:
BY tue l+tt section of Article 4, Of tue
Constitution Of West Virginia, Hardy j.
secured in her right toa 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. Atthc time Hardy Comfy
vas admitted mto the State, she was CON-
posed Of a certain specified boundary, and
the territory thus defined as contra
distinguished from the territory Of other
Counties, and the inhabitants Thereof
constituted the County and it is not in the
power Of the Legislature to dcny represcn-
tation to the inhabitants Of the district Of
country which the Constitution declares
shall hare delegate; nor can the Lcgis-
lature sbridge or modify such right by
statute, declaring that tho delegate shall
reside in certain portion Of The Consti,-
u,ioual district, whether sueh portion be
erected into ucw County, Township, or
Election District. 10 admit that the
Legislature has suc.l right, would be con-
csding a principle to destroy the freedom
Of elections, and impair the sacred oJlign-
tons Of the Constitution BY declaring ilcl-
igiblo. every year The people Of an entire
County The,iulabitants Of Grant Coun-
ty. tits said, are ilsligiblc for this year.
and next year. the inhabitants Of lIatdy
arc iucapaoitatcd from holding the Office
Of Delegate, and SO on from. year to year.
This is in violation Of our Constitution,
and at war with tho the theory Of our re.
publican Institutions. To admit these in.
noyations, and the trimming away Of the
fundamental Law, is the acceptance Of
dcspoti.m for Constitutional freedom, and
tends directly to the absolute destruction
of the latter. We repeat our position,
which is a denial of tho right Of the Leg.
i;lature to declare before or after the
election the ineligioility 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.
II this is Constitutional Law, it would
DO no departure from the guarantees or
restraints of that instrument, to declare
that for all future time the Delegate ofDol-
bridge County shall reside ION The Righi
Hand .torh ef TOMS fork IF he .ihcm House
fork ofMi,lAe Island Creek." This would
be absurd, but no moro SO than The froris.
ions in tue case Of Hardy and Grant.
1t will scarcely be forgotten by any one
at all verscd in the Laws of Virginia,
whose Constitut en- was similar to the
Constitution Of this State, that where b
new County was formed the people inva'-
iably voted with the County FROM which
they were taken until rcapporiionmcnt
Of representation n1ls made. See the scy-
crnl acts creating Barbour. Calhoun,
ltoane, Doddridse, and other Counties
These presidents, ws are aware, are not
binding, but they are. nevertheless, per
suasivc authority, and show n proper re-
gard for Constitutional obligations.