Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1842-02-03

The investigation which this question re-
ceiyed ct the hands OF the able statesmen
" no composed our late Convention, is "a
miliar TO all, and IN the opinion Of the un.
designed. renders unnecessary any nrgu-
ment uu their part 10 show thai, 10 a 900.
munity like ours where the different mem
bers are separated BY natural and aimos,
impossible barriers, possessing interests
diverse AMI antagonist To each other,
where impor,snt rights Of a peculiar char
acter~ predominant 10 one, whilst they are
or secondary CONSEQUENCE in another,
where the ratio of contribution by each
to the common fund bears no proportion
to their population. no basis Of representa-
ton Gao be just, equal and safe, which
does not recognize, in some form, taxa
lion IS one of its elements. This princi-
pie, which the majority deem so anoma
Ious in the constitution Of popular govern
menis, and which they declare would find
few advocates lit were an original ques-
ton, and uninfuenced by the events Of
earlier periods, tho undersigned believe TO
lie a, the foundation Of all free govern
ments, 10 be necessary to secure hat gov
eminent which is capable OF producing
The greatest degree Of happiness and safe
lty, and is mcst effectually secured sgains,
the danger of NAL. administration" In
stead Of being an anomaly, it iuds exam.
pies in the constitutions Of several Of our
sister States, and in that Of the United
States.
In South Carolina, the representatives
are apportioned among the several cleo
ton districts of the State, according to
the number oil white inhabitants contained
and the amount OF all taxes raised by the
Legislature, paid in each, deducting there
from all taxes paid on account Of property
held in such district" 10 North CARROLL
ma representation in the Senate is in
proportion to the public taxes paid into
the Treasury Of the State" and in the
house OF commons according to federal
numbers. Further researches it is believ-
ed would multiply these examples.
In the convention which framed the
fedora! constitution, it was contendcd that
representation should be apportioned a.
mongst the States according 10 their re-
spective contributions, and it WAS insisted
that the Justice of this rule was so obvious
as not TO admit Of contradiction. But the
rule was deemed 10 be imprac,icable, be.
cause the revenue might be so collected
by the General Government that the sums
respectively drawn from the States would
not appear, and would besides be contln-
ualIy varying. Had the rate of contribu-
ton for each State beer ascertained and
fixed there could have been no difficulty
in adopting that as the measure of the re.
presentation of each or had the popula-
ton of each afford d a fair measure of the
wealth of each, there could have been as
little difficulty in adopting the latter rs
the measure. But because the first was
impractibie, and the second was untrue,
neither was received as the measure. Bu,
with a view to approximate equality, and
obtain some ratio that would be a jusier
exponent of the wealth Of each State, The
basis Of federal numbers was adopted,
whereby the representation oil each State
was to be determined, "hy adding TO the
whole number OF free PERSONS, including
those bound to service for a term of years,
and excluding Indians not taxed, three.
fGhs of all other persons" And at this
time more than tno-SerenthS Of the power
which we possess in the popular branch
Of the national Legislature is derived from
slaves. This principle has ever been held
dear By the people Of this commonwealth.
In the form of a representation by counties
il received the sanction Of the first cons,i-
tuition and the patriots and statesmen Of
our earlier days. More recently, in our
own time, it was more signally illustrated
IN the provisions of the amended constitu.
ton. For, notwithstanding, according to
that instrum Mt, the legislative power is
distributed in apparently arbitrary pro-
portions between certain geographical di.
visions, it is yet true that the distribution
Appropriated very nearly the state Of
things that would have been given by the
combined ratio of population aud taxation.
And although the scheme was objectiona.
BILE, because it did not contain that com.
pensating quality which would accommo-
date it in all time to the shifting Interests
of the State, it had It's foundation ia prin-
ciple-a principle which respects the safe.
ty of the vast proprietary rights OF the
community, and comes down to us conse-
Grated by time and the blood Of the revo-
luton, so long cherished by our people, in
the opinion Of the undersigned, ought to be
held sacred.
When the present system was establish
cd, il was certainly f~oreseen that however
just and proper then, in progress of time
it would operate unequally and for the
purpose Of It's modification, so as to Sc
cure thereafter equal justice to all, the
General Assembly was empowered, "af-
ter the year lS4l, and at intervals there.
after OF not less than ten years, two-thirds
Of each house concurring, 10 make reap
~portionments of Delegates and Senators
throughout the Commonwealth" What
ever opinion may be entertained Of the
extent OF authority thus conferred upon
the Legislature, the undersigned do not
hesitate TO declare its exercise at this time
so as to disturb the principle established
by the Constitution, to be in the highest
extreme inexpedient and unjust. 1t does
not comport with the spirit Of our inslitu.
tons or tho habits Of our people, to tole.
rate important changes in the fundamen.
tal 10, Al nnon cl;oht oecasious mr. eycent in