Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-27
LEGISLATURE OF VIRGINIA.
REINFORCEMENT.
REPORT or THE SELECT CoMaITTEE

REPORT OF THE SELECT COMMITTEE
On the Kaaatcha Memorial In regard to tie Reappor-
toament Of Representations.
The Special Committee To whom was referred By an
order Of The House, the memorial Of the citizens Of ka
nawha county IN general meeting assembled, on the
subject OF reappor,ionment Of representation in both
branches Of the Legislature, also the resolutions on
the same subject adopted at general meeting of the
citizens OF Greenbrer county, beg leave respectful
ly 10
REPORT:
That they have given the subject thus referred to
them the consideration due TO its great importance and
deep interest. In doing this, their attention OF
course in the splace directed To the nature and
tent of the powers relation 10 the apportionment of
representation conferred upon the Legislature by the
Constitution. These will he found in the third article
of the amended Constitution, which provides that "the
Legislature shall be formed Of two distinct branches,
winch together shall be n complete Legislature, and
shall he syed The General Assembly of Virginia; that
Of them shall be called the House Of Delegates, and
consist OF l4 MEMBERS 10 be chosen annually for and
by TIE several counties, cities towns and boronghs Ut
The Commonwealth, whereof 81 delegates shall be cho-
for and by the 70 counties lying OF the Allegha-
nv mountains - for and by the IA counties lying be-
tween Allegheny and Blue Ridge of Mountains; ~ FIR
and By the ~ counties lying East Of the Blue Ridge of
Mountains and above tide water and 80 for and by the
counties, ci'cs towns and boroughs lying upon tide
water" The article then proceeds distribute amongst
the component parts these great districts the number
Of Delegates allotted 10 each respectively next pro-
vides in the third sec,ion that the other House OF the
General Assembly shall be called The Senate, and shall
consist of - members, Of whom I3 shall be chosen for
and by the counties lying West Of The Blue Ridge OF
Mountains and - for and by the counties, cities and
borougIiS lying East thereof; and for the election of
whom, the ccuntps, cities, towns and boroug hs shall
he divided into - districts" 1t then proceeds, in the
section, by allomenls Of the component parts, 10
form the Senatorial Districts in each Of these great
bap ia Co.
poronmcnts by tie 4h and 9th sections. The 4lh
section prescrbes in relation 10 the four great Districts
that g" shall be the duty of tie Legislature to reappor
ton in ten years. 10 w.t. in the year le end every
thereafter the representation Of the countess
cities, towns and boroughs of this Common wealth, in
both of the legislative bodies provided, however that
the number of Delegates from the aforesaid great dis
tricts, and the number If Senators from the aforesaid
great divisions respectively, shall neither he in
creased nor diminished by such reapportonment. =
Tie 9TH section prescrbes, III relation the two great
divisions that the General Assembly, after the year
ISL md at intervals thereafter Of not less than ten
years. shall have authority, two.thirds of each House
concurrug, 10 make reappuronments of Delegates and
Senators throughout the Commonwealth, 81 that the
number of Delegates shall not at any time exceed 100,
nor OF Senators SO.
The period at which the General Assembly is thus
authorized by the Constitution to make the first reap
portonmen of representation both OF lis branches,
without restriction limitation except 10 the number
Of the Delegates and Senators respectively, having
arrived the object of the memorial OF the citizens Of IA
nawhn and of the resolutions of The citizens Of Green
brer above mentioned to invoke The exercise OF that
power Nv the Legislature al It's present The
resolutions briefly the fact that appears from the
census of lSIO, there IS majority OF white inhabitants
west Of the Blue Ridge Of mountains, whilst the
try east OF the Blue Ridge has ma ority of repre-
senatves in the Senate and Of twenty in the House
of Delegates, making actual majority upon joint vote
of both Houses OF twenty eight. They the true
basis Misrepresentation 10 be white popuation and they
seek rc-apportionment upon that basis. The memo
rial goes large into the whole subject containing
and able exposition both Of facts and prncI
PIES representing the existing state OF representation as
UNEQUAL and unjust, condennIng any substantial me
unallty amongst the qualified voters OF the Common
wealth and asking redress at the hands OF the Legs-
la,ure In addition TO these evidences of public sent-
mcn, coming from sources entitled to respect, it is well
known that the citizens of other portions of Western
virrna without having addressed themselves directly
10 lie Legislature, entertain similar views OF the sub
iect for the expression of which they look to their Re
representatives. IN both Houses :.
thus appears that the subject referred TO your com
mittec is one of unwonted magnitude, and involving rs
il does question OF political power between two great
porlons Of the Commonwealth, ia liable to be disturbed
nv feelings and preludces unpropltious 10 The caln
careful and deliberate consideration which the interests
Of The Republic doubtless require Your committee
will however state briefly the general views that have
occurred 10 them in the hope that more thorough in
yes,ipa,ion may lead to accordance in just and fixed
principlc OF representation, such enlarged and
liberal regard 10 the public welfare may render accept
able 10 the great mass of the community.
II will be agreed on all hands that by the theory Of our
Republican system, the people are not only capable OF
self but entitled III due modes OF proceeding
10 the exercise of political power as we'll IN the ordinary
Ierslaton ohe country as in amendments 10 The organ
ic law ITSELF This power only be eecnally welded
through their representatives, and The choice OF them
in ,ruib lis substantial exercise. Who the people
TINS in effect the rulers Of the land, and constituting on
princple the sovereign power of the State, is question
hardly eptibe olany difficulty. They are political
Nv reGarded the free population OF the country amongst
ybom mower is first to be distributed and then concen-
rated for the public veal with exceptions numerous It Is
,rne but all perfeclly legitimate arising out OF ncompe
tency cccssioned by weakness osex, nmatury OF age
imbecili,y of mind, namy Of character, or want OF
sufficient evidence Of permanent common interest IN
md attachment TO the community Nearly all OF these
exceptions are easily capable Of ready and certain
practcal application There is, in fact, scarcely room
lar difference of opinion regard 10 the rules when
shoud govern any them The last only, the want
of sufficient evidence Of permanent interest IN and at
tachmen, to the community. In that, must be admit
ted by ALL there is as original question, wide scope
for considerat "A and discussion through all the stages
Of property and personal qualification, from the ENJOY
ment of wealth. unusual or moderate, with narrow
inp limits of freehold or other interest in the SOIL
or in mere chattels, swelling however Impercepi''
bly, the public strength or revenue GOWN 10 Tue Pos
session Of only physical and moral qualities on which
The government may rely for safety and protection
But question falls not within The nl present ,s faan
10 the elective franchise, by the fundamental law
and we are now considering the principles winch
ought 10 direct and control the legislative department
Of the Government in the distribution OF the numer
c,l aggregate result of the individual franchise accord
ing 10 The permissve section of the Constitution That
such is the nature of the question referred Com
nor less than an enquiry how the political power
Of the country shall be allotted in aIithmetca irac
TONS 10 different masses Of the qualified voters upon
whom that political power has been conferred by the
organic law and The issue presented for trial and dec'-
sion, is not whether the allotment shall be IN equal or
unequal sums, but in equal or unequal proportions.
The issue thus presented, your committee deem one
of rather anomalous character. II would seem 10 them
to follow as mailer of course, from the equality oil the
elective franchise in point Of qualification that ,ne IKE
equality should be preserved in its
and that no good reason be shewn upon the Prnc
plies of our popular Government why the vote OF one