Lexington union., 1841-02-13

W." '"oi uu'lcs accoTdlng TO law. III
was uncharIiable 10 presume these men
would violate The law and their oaths. !,
was contrary TO morals and law 10 ln1uloe
such presumption. Both law and NOR.
as presumed every mnn Ia do lis dnly hlI
ne conIrary aqpears. Let us presume
hese men would do their duty, aud pre-.
serve 'heiF oalbs Inyiolp,e; IT they do, all
hen required ly The acl Of last session
WI nave been done t. enable the lcgisla.
ture at this session TO make The opporlion
nent. II The returns shall not be made,
'nd we sI' ill the 9Th, The peo, lie, and par
Icnlarly those Of the counties now unes
lually represented, will have no lust cause
80 complain that new majority in this
House, IN the first exercise of their power
nnd declared against equal representation,
he fundamental principle Of true repuhli.
ranlsm. II is lIur, said Mr. T.. The consiit-
uehcy IN part eprestnb will nave moth.
Ine I" gain ny the npFonlonment at ihi,
llne, bat may losc p,hilral Influence hy
T. Bat who, said he, protesting, as he
had ever dcne The do,triHe ol rqui rights
nh The supremacy Ut The people, could be-
sfayed IN leeIslilon hy motives ni narrow
sciti'hness? The general good was the
iuillence that controlled HIM; thc desire
q" Jitld justice 10 all the motive which i'm
PEELED. lie could only enquire, has an
unequal representation obtained; does the
constitution authorize new adjustment; /;
ny winch equal rights will be securc1, and
political influence eqHaized? II the an.
swer be in The affirmative, it was enough
lar him. lu his soul he de-esied that poll
'iclon who had no higher aim than, like
the black !eg jocky, to juggle for The slart,
Or, Ike some petly iyranl prince, would
strive 10 strengthen his own town by the
rum ol his ueIghbors. When such feel.
lngs could sway hs breast, he wonld feel
1t 4 dpty to desert The halls of legislation.
Bul II is gravcly Insisted that The con.
stiinlIon ia in the way Of doing this thing.
The third artiaIe aud niuth section Of The
constitution reads in these words precisely
=" The Legislature shall, at theil first
session, aud AZ periods Of not less than four
nor more than every six years, until The
>ear 1915, and thereafter at periods of not
less Ihan every four nor more than every
eIght years, cause an enumeration 10 be
made of all the free white Inhabitants ol
the State, aud the Whole number of repre-.
sen atlvIrs shall, at tho several periods OF
making such enumeration, be fixed by the
Legislature, and npporioned among The
several counties, cities, and towns entitled
to seperate representation, according 30 The
number of Tree white inhabitants ~ each,
and shall not be less than thirly.six nor
more than one hundred" This conslin,
ION was adopted at the close Of the year
1882.
By The fifth section Of the schedule to
the constitution, and which is a part OF
the constitution itself, il is provided thai
the @ mmencement Of the first biennial
| legislative term under the constitution,
should be on the frs, Monday in January,
1888. The question is, from wha, date
shall we compute the periods of four years
Snail II be from the adoption of the consl
tuition, from the date Of the first actual ap
norlinnm"nth by lhelegislGure, or from the
date ot thai ''fi st session Of the legislature,' =
al which the co tsi'ulion declares, in af,i.
Gle Bird, section OH the enumeration and
ipporlIonment shall be made? That sslirsi
session" by the requirements OF the consti-
tation sched. sec. 5 was in January, 1888.
Can the legislature defeat constitutional
Fright, By dsabeyiug the Constitutional
mlndae Of the people. II il cannot, then
by what power do we acquire right To COM
cute from any other than the constitutional
starting point, January 1888. The 2nd
period Of four years is now completed
since then. Suppose The legislature after
making the first apporlionment in 1883,
! had refused to make another for seven
wears, will gentlemen contend that there
fore, although, an unequal representation
might exist, no apportionment should be
made TIL four years thereafter. Ii so,
then, The legislature could PROSTATE the
prescribed arrangement Of the constitution
and therefore annuI its provisions, defeat
rs requirements and ahrngnte its auihority.
", sail Mr. T. he was right in lis read.
! q Of the constitution, and in the conclu-
sion he had drawn here'rom, then the Ie.
gl-lature hld power at lis present session,
= make the apportnnmenl. II III has the
p"wer, let il endeavor 10 satisfy The just
'lains o. the people. GeG,lemen from the
North said there had heen a vast increase
nf papula'ion there IN the las, four years,
and these gentlemen claim the npporlion-
'nrnt as n constitutional right. II the
right is moi clear, il presented AT least a
Gnesliono grave IMPOTENCE, TOO grave to
0e disposed ofin heat, ard without due de-
Iteration. In all cases of constitutional
construction, tho much caution could not