Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-01-23
REPORT
Of the minority Of the Committee to ,0hich

Of the minority Of the Committee to ,chich
,ooS referred The petitions for Ne,o Counties:
The minority of the Joint Committee
raised by the House Of the General Assem-
bly,, on the subject of the organization of
new counties, conscious of the important
bearing and influence of that subject upon
some Of the leading and fundamental prin-
ciples of the constitution ana laws OF this this
State, and differing essentially from the
majority of that committee in their views,
in reference thereto, and the conclusions to
which they have arrived, beg leave respect
fully to make the following counter report,
embodying their opinions in rela ton to the
matter, and some of the leading reasons in
support of them.
There has been, and is now, pending be-
fore this General Assembly, betwee> twen-
ty-five and thirty separate and distinct ap
plications and propositions, principally from
the Southern, Western and Northern por-
ton of the State for the organization of
new counties, out of which, the ma ority of
the committee have agreed to report bill
and recommend the organization of nine
teen new and additional counties, to the
State, making in all the number of eighty
one counties.
The second section of the third article of
the Constitution of this State provides, that
"each county shall have at least one repre-
sentative, but the whole number of repre-
sentatlves shall never exceed one hundred"
The 4th section Of the same article pro-
vides for taking the census every four years
and that, at the first session thereafter, the
General Assembly shall apportion the num-
Der of representatives among the several
counties, according to the number of free
white male inhabitants therein. This ap-
portionment is made to take effect, and be
carried out, as far as may be, at the next
succeeding general election; and in our
declaration of rights the trainers of our
cons,,', ution declared 'that all elections shall
be free anu, equal" to the end "that the gen
eral, great and essential principles of liber-
ty may be recognized ana established"
With these important ana fundamental
principles before us, we will rroceec 70 ex-
anime the facts, tendencies and consequen-
ces of carrying out and sustaining that re-
port in its full extent.
At this apportionment, each of the 81
counties will have one hundred representa-
tives. Should the House of Representa-
tivcs be made to consist of one hundred
members, the largest and most favorable
number for the views of the majority of the
committee, there will be but nineteen addi-
tional members to divide among the old and
more populous counties, which, in the Ian
guage of the constitution are, with the sim
;-o 4 |,
toned among the several counties, accor-
ding to the number of free white male in
habitants therein.
Now the majority of the committee are
fully apprized, that by the spirit of the con-
it is not required, and from the ma
ture Of the subject, it could not be attained,
were it required, that there should be an er-
act or mathematical equality in such appor-
tionment. Constitutional enactments, as all
others, arc to be construed according to their
subject matter, and the unavoidable Unequal
ity in an apportionmcnt, which partial de-
ticlt, In some counties, or partial surplus
in others, may necessarily produce, has ne
yer been held, or charged to the account of
a violation Of the constitution.
But inequalities, over and above this,
whether they are the proximate or remote
of legislation, whereby some
portions or districts of the State, or classes
of its citizens shall have greatly an over
number and height in the representation of
the State, to the prejudice and deprivation
of other sections of the country, or classes
of our citizens; is, as we conceive, directly |
forbidden by the spirit of the constitution,
and destructive to the first and fundamental
principles so emphaticaly and prominent
ly set forth in that instrument.
1t appears by the last census, taking that
Of the Marshals where Sherifs' of counties
have failed to make their returns, that there
are in the State $4,000 free white male in