The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1822-01-16
MASSACHUSETTS, LEGISLATURE.

MASSACHUSETTS, LEGISLATURE:
The General Court of this State convened
last Wednesday. The Message Of the Cover
nour is given in our journal of proceedings.
1t will be noticed that the subject of dis
tricting the State, for the election of forty SEN
ators, is again before a committee. Connect
ed with it is the apportionment Of taxes, made
by the Committee of Valuation, some account
ening Gazette.
The people having rejected the amendment
TO the Constitution, proposed by the Conven-
ton, it is the duty of the General Court to APP
portion forty Senators in such manner as will
comport, as nearly as mag be, with the provs-
ions OF the Constitution as it now is. If it be
impractcable to obey all its requirements-if
some of them, under present circumstances,
are in fact inconsistent with each other-then
the leading provisions should be complied
with, and those which are incidental, if repug-
nant to the former, must be disregarded.
The leading provision on this subject, and in
deed the very basis of the Senate, is, the appor-
tionnlent of Senators according to sthe proper
ton ofpublick taxes paid'' by the several Dis
tricts. There is no difficulty in complying with
this provision. Then there is prorlso that
the number ofthe Districts shall not be less than
thirteen: this, also, is easy to be complied
with. But there is a further prooiso that s. no
District be so large as to entitle the same to more
than six Senator'S" Here begins the difficulty.
The town of Boston is assessed one third of the
publick taxes; and, if made a District by itself,
is entitled to thirteen Senators. But no Dis
trict must be $50 large as to entitle the same
to more than six.r Then the District must be
divided. The people of Boston, paying one
third OF the publici taxes, are entitled, by the
Constitution, to one third of the whole number
OF Senators: their liability and their right are
co-extensive. But the District cannot be di4
Vlded: the inhabitants of every torn must
vote, IN body, under one set of presiding of
hcers. Whether this provision can be evaded
under the new authority to grant city charters,
IS question which we shall not undertake to
discuss now: AT any rate, the town of Boston
cannot compose more than one District!
Such being the case, what course can be
taken If the Constitutional injunction to
apportion the Senators, be obeyed at all, the
limitation, as to the ertent of District, must.
IN one instance, be disregarded If the town
OF Boston has its constitutional number of SEN
ators, it will have thirteen apportioned to it.
But this subject has been sometimes spoken
of as if the constitutional provision were, that
no District shall be entitled to more than six
Senators and perhaps we are singular in sup
posing the provision to be very different one:
Such, indeed, was the limitation in the pro-
posed amendment on this subject; but the
provision in the Constitution is such as before
reclted. The distinction, we understand. to
be this-the proposed amendment restricted
to SIX Senators, however large the District
The Constitution enjoins upon the Legislature
not to create Districts so large as to be entitled
to more than six. By the former, if, from any
cause the proportion Of publck taxes paid by
District should entitle it to more than six,
still six was tobe the limited number. By the
latter, if District is " so large as to be entitled
to more than SIX this being the result either
Of necessity or of the fault of the Legislature.
the sase of the District is repugnant to the CON-
stitution, but it is still " enttled'' to as MANY
"more than six Senator'S" as is warranted by
its proportion of the publick taxes
If we are right in this view of the subject,
it is quite time the Constitution should be,
amended. As general principle, we APP
prove OF the basis of the organization Of the
Senate. 1t is but reasonably that, in the ap-
portionment Of one branch of the Legislature.
regard should be had to the proportion of pub
lick taxes paid by the several Counties. But
to give to single town one third of the whole
number of Senator'S would be to grant it AN
undue proportion OF power which we think
the town of Boston itself would hardly think
1t expedient to claim.
From The Boston EUeniag GassHe.1
list OF the Counties OF Massachusetts,, with