History of 19th century congressional redistricting in Ohio

The redistricting of United States congressional districts is made by the legislatures of the states every 10 years, immediately following the official announcement of the federal census that serves as the basis of the apportionment. It was long the practice that the apportionment thus made stood until after the next decennial census.

However, the power rests with the legislature to change or adjust the apportionment during the interim and in 1845, the tradition in Ohio of reapportioning following the decennial census was broken. For the last half of the century, it was the policy of the party in power in the legislature to secure the largest amount of political advantage in making the apportionments, and they were made whenever the political control of the assembly changed. From 1878 to 1892, the state was reapportioned six times as power oscillated between the two parties.

A partisan majority in the legislature has it in their power to so apportion the districts as to enable the minority of the voters in the state to elect a majority of the congressional delegation, or to empower a bare majority of the voters to elect almost the entire delegation, in effect disenfranchising the minority. No apportionment of Ohio was absolutely free from partisan bias, but some have been notoriously unjust and unfair.

Constitutional background

Ohio’s legislative structure

Under the original Ohio constitution, state representatives were chosen annually for the term of one year, and state senators were chosen for two years, the original allotment being such that half the senators held over and one-half of the body was chosen at the annual elections, necessitating annual sessions of the legislature.

The mode of electing members of the Ohio General Assembly was changed under the constitution of 1851. Senators and representatives were elected biennially, for the term of two years, and the entire legislature changed its membership at the end of the biennial period.

The object of the change in the organic law was to obviate annual legislative sessions, but as a rule, up to the last decade of the century, annual sessions were held, the general assembly adjourning to a date in the second year of the biennial period to complete its unfinished business and consider other legislative matters.

Other changes were proposed in the Ohio Constitutional Convention of 1872-73. However, the citizens soundly rejected the proposed changes in the referendum in 1874. The next change in the state constitution did not occur until the 20th century.

Ohio’s county structure

At the time of the first apportionment in 1812, there were 40 organized counties in the state. During each of the following decennial periods up to 1851, new counties were created to the current number of 88. Where portions of the new counties came from two or more congressional districts, the voters continued to cast their ballots for representative in Congress as in the original district until the next apportionment was made.

Territorial representation — 1799 to 1802

During the Fifth, Sixth and Seventh Congresses, the Northwest Territory was represented by one at-large Territorial Delegate. These were in turn William Henry Harrison, who resigned to become governor of the Indiana Territory, William McMillan, and Paul Fearing.

tatehood representation — 1803 to 1812

Ohio entered the Union on February 19, 1803 a few weeks before the end of the Seventh Congress. From 1803 to 1812, the entire state constituted a single representative district in Congress, held by Jeremiah Morrow for all five terms. In the Seventh Congress Ohio had a population of 47,500; in the Eighth, when the state was first fully represented, the population was 68,850; in the Ninth the population numbered 91,280; in the Tenth it rose to 150,965, and in the Eleventh it reached 250,325, so that the member from Ohio not only represented the largest geographical territory of any single congressman, but about three times as large a constituency as any other.

First Apportionment — 1812 to 1822

The state was first apportioned into representative districts by the Act of January 14, 1812, six districts being designated.

Based on the Third Federal Census, the state was entitled to seven representatives in Congress, but this fact was overlooked at the time the apportionment was made. No attempt was made to rectify this error, the result being that Ohio was short five congressional seats during the decade, and one elector at each of the presidential elections in 1812, 1816 and 1820.

Fourth Apportionment — 1842 to 1845

The fourth apportionment for Congress was made at the fourth extraordinary session of the legislature, convened for the purpose on 25 July, 1842. The legislature in 1842 contained a Democratic majority and the apportionment debate acrimonious, the Whigs denouncing the proposed redistricting as unfair and grossly partisan. Consequently the session ran until the 12th of August.

This adjustment of the congressional districts subsequently became the excuse for a number of the most notorious gerrymanders at the hands of the leaders of both parties in later years.

There were 78 organized counties, which were divided into 21 districts based on the Sixth Federal Census.

eventh Apportionment — 1862 to 1872

The legislature elected in 1861 and serving during 1862 and 1863 was Republican. The United States Congress had just passed an act increasing the ratio of representation, and this had the effect of reducing the number of Ohio representatives in Congress from 21 to 19, and in the rest of the Union proportionately. During the first session of the Fifty-fifth general assembly, in 1862, the state was apportioned into the 19 districts based on the Eighth Federal Census.

Tenth Apportionment — 1880 to 1882

A Republican legislature was elected in 1879, and sat in 1880–1881. It proceeded at its first session to redistrict the state, and its effect upon the political campaign of the congressional delegation was pronounced. The vote for the head of the ticket was: Republican, 362,021; Democratic, 343,016. Instead of 10 members to each of the parties as in the election of 1878, the Republicans secured 14 and the Democrats 6.

Thirteenth Apportionment — 1886 to 1890

The Republicans controlled the legislature elected in 1885, and revised the Democratic apportionment of 1884 as soon as the general assembly organized in 1885. At the congressional election in 1886, under this apportionment the Republicans elected 15 congressmen and the Democrats 6, as against 11 Republicans and 10 Democrats two years previously, even though the vote for the head of the Republican ticket in 1886 was 341,095 and for the head of the Democratic ticket, 329,314.

ee also

* United States Congressional apportionment
* Redistricting

References

* Taylor, William A. Ohio In Congress From 1803 To 1901. Columbus, Ohio: The XX. Century Publishing Co., 1900 (Copyright 1899).