Year: 1862

and they have obeyed. You now tell them
they should not have done so, but should have
elected according to the construction of the
constitution By some wise head, who UNDER
takes to bring the construction of the Legisla-
tuFe in question, and has no more wisdom than
TO say that although the law il unconstitution-
al, and there is therefore DO law ON the sub
ject, yet the people shall elect according to
law which, though not enacted, should have
BEEN For the law Of '57 being constitutional,
the result would be there is no law, and there-
fore Mr.. Cessna must fail 10 getting seat as
a member sent here from Bedford county, even
If NIr. Householder should be rejected.


Mf. Cessna's complaint then is NOT, that
the law has been observed, but that it has
been, which comedies all that you have any
right to inquire concerning. For it does not
become this Legislature to decide that the mau
elected according to the provisions of the same
law, which is alone the test of their own men,
bership, was improperly elected Who're Is
tue power given in the constitution or by vir-
tue Of what law, can a committee Of nine
members, chosen 10 great part by lottery, from
the present Legislature, undertake to veto and
make null and void that which has been pre-
viously enacted by the Senate aud House Of
Representatives, and been fully carried into
effect By the action Of the people.
Having full authority, as has been heretofore
shown, the Judgment Of toe Legislature was
expressed, and the law pronounced, and it has
been executed by The citizens who we're bound
By its action. 1t is too late now to apply the
remedy for that which is past. There is no
authority given anywhere to any man or body
a Inko - - IL ,holo
Senate aud House of Representatives, With
the appreciation Of the Executive. Ii
they think the pregious legislature erred, they
might alter the law for future membership, but
they dare not take upon themselves the author
lty to alter the law SO as to affect the member
ship of the present Legislature. and thereby
take advantage Of the people, giving them
representative they had no thought Of ehoos-
ing 1t would be such disregard of the es-
tablIshed usage and precederts, for the last
seventy years, that it is hard TO imagine how
any man could conceive the idea of attempting
i, end still harder to think it possible that be
can covince any body of sane men Of the prop
priety of SO doing.


Blu. let the first position be decided as it
may, there can be no question as to the false





of the 3rd section Of lst article of the con-
stitution. Mr. Cessna reads il as though it
said, sseach county shall have at least one rep.
r6seutative," and there stopped. Rut the men
who made that constitution had wisdom enough
to know that 10 the progress of time, it would
become necessary to make new coUuties, and
they in anticipation of difficulty which might
be raised, proceed TO say IN the same sentence,
"each county shall have at least one represea-
tative, but no county hereafter erected shall
DO entitled to separate representation, until
a sufficient number Of taxable Inhabitants
shall be contained within it, to eatitle them 10
one representative agreeably to the ratio which
shall then be established" If then the new
county is not euti,led to separate represens
tstion, the necessary consequence is, that it
must be included with the county, or soma one
of the counties, from which ii is stricken. -
Bat in that case, what becomes Of the right
of the original county to a separate represenr
tation as claimed BY Mr. Cesrna Why it has
no existence in reality, because it is founded
upon the fiction that this rightrof representa-
tion was given to mere name instead of all
the people within the bounds Of n certain dis
triot known al that time os the county. 1t
was not givea to the people who might, half
century afterwards, he within the bounds Of
what should then be known as Bedford coun-
~, fos perhaps the present district may be di-
vided and subdivided, until, what is left to be
known as Bedford, il but mile square. with
one hundred inhabitants. To say that they
shall still be represented by one member when
the ratio is perhaps 10000 for the balance of
the State, shows the absurdty of such an idea.
IL was to the people then included, or who
might in all time to come beinoluded, within
eertein boundaries then known as counties,
that was assured the right TO one representa-
tive. And so long as they have one, two or
three more, electingi in conjunction or respect
lively within these boundaries, according to the
directions of the Legislature they have all
that is guaranteed them.


Now iH 1890 aud for some years afterwards
every foot of land now in Somerset county was
embraced within the boundaries of Bedford
county The people of that portion of Bedford
county applied by petition to the Legislature 10
1895 for a separate county organization, and,
they deeming it advisable to grant the privila-
ges prayed for. on the 18th of April Of that
year erected the new county of Somerset. Then
came up the question of representation, how
was that TO be arrangeds Why just as the fra
mers Of the Constitution contemplated. They
agree to give them a separate county organiza.
ton, but say in effect to the matter of repre-
seDtation, you shall continue as heretofore con-
uected, With the parent county, and within the
limits of what was known as Bedford county
at the making of the Constitution, and to which
was assured member, there shall be three
members elected. Somerset part of Bed
ford county, and that part left, still known as
Bedford, shall together elect three representa-
tiyes. Such is the provisions Of the first enact
mens which gave certain portion of Bedford
county new name and certain privileges, which
did not at all interfere With the constitutional