The Arkansas banner., 1846-11-25

the last appnstionment, made, ss psssiomsly stated, m l642, there was spportionsd so the county of SevieE, which iA<n iisesssied sAs district of country now known as Polk county, two representatives. Polk eouniy was made as the Iaes session cf ahe General Assembly,, about two years subsequent so the laai apportioRmeni of Representatives. Polk county, therefore, is nos entitled lo separate representation, becarssss was made since the last appoEtionment, and eoasequeut- sys has aes=r been included in any nppoe- tIonment bill rassssi sOufumzhiy to the eoa- stitutian. which alone could give to 1t a sep arate representation. This mnst have been the view which the Governos took of .this subject when he issssesl his proclamation of the 18th June last wherein iie. among other things, enioins the sheriG oH sesisr ao he'd aH election tn Sevier county for two repre- sea;aiises- Polk county is not menaioued in the proclamation lt is alledged, that be- cause the General Assembly in making Folk county. dsdf not sel forth ia the act that Il should vote coajointly wish Ssvier os some other coanty. therefore il vas entitled to a separate representative. la response to which m may be sufficient ,o remark, that, although the General Assembly had consti- tu,ional power to make the county o Polk out of part of Sevier; yet, at that lime, as foR years had mt elapsed since ts,s last sppor- iionment, they had not the constitutional right to desach any portion of territory from Sevier county, with the view of giving to ii a separate representation. By the operation of the apportionment law, therefore, passed in l842, in conformity with the conssiusion, the territory constituting the county of Polk, without any further legislative provision for that purpose. would necessarily be obliged 10 vote in all elections for senators and .ep. reseniatives. with the coun,y of SernE It was an illeg1l set, therefore, on the part of the sheriff of Polk, io have ordered sepa- rate election in the county of Polk fer rep reseniative. and one which the voters should have disregarded. The consequence was, that eightv-.hree votes in that couhty were east for Mr. Pryor. which, added to the kiiy he got in Sevier. where he was also run as a candidate, makes the total number he reeeiv- ed in both counties. amount to one hundred snd thirly-three; whereas, Mr. Pettigrew re- ceived tn Sevier county, three hundred and fifteen votes. being majority over MF. Pryor. in the two counties, of one hundred and eighty-two votes; and Mr. Williams received votes; being majority in the two counties, of one hundred and seventy-eight votes over Mir. Pryor. h Polk county could have given to Ms. Pryor majority oi votes over Messrs. Pettigrew and Williams, or had he obtained majority of votes over them in Sevier, or in both counties. he would have been elected by virtue of The apportionmcnt aw of lS42. sad not by yirtns of.aths aes making Polk county. As, therefore, Polk county accord ing to the pe siiions we have established, is no, entitled 10 separate representation, and a large majority of the votes, notwiihstend- ing Mr. Pryor was voted for in both coun- ties, we believe 1t would be doing manifest injustice 10 a large majority of fhe voters of these counties, to say that Messrs Petiigrew and Williams are not entitled to seats as members of this House.
 He therefore offers for adoption. The following resolution;
 Resolred, That Messrs.. Pet;igrew and Williams are entitled ,o seats in this House, and as the county of Polk is not entitled to separate representative, that Mr. Pryor is not entitled to a seat m this House as such.
 F. T. CRUTCHFlELD.
 Both reports were ordered 10 lie ou tue table until tomorrow.
 So much of the Gov.'s message as refers ,o the Ptniientiary was referred to the coms mittee on IFays aHd .AtGns
 Friday, .Nor. 6.
 Mr. Kirby, presented petition for an act to incorporate the town of Philadelphia.
 The resolution of the Senate fixing the time Of going into election for United States Senator. at l2 N. on Monday nex:, was ia- ken up and concurred in.
 Messss. Gould, Bertrand, Clarke, Murphy; Robinson, Hill, and Hoicomh, were appoin- ted to act in conjunction with the commit tee of the Senate on ihe Public Printing.
 On motion the majority and minority re- ports of the select committee to consider the claims of Messrs. Petrgrew, Williams, and Pryor. to seats in the House, were taken up and read; and the report and resolution oi fersd by the minority committee was adop- ted. v
 Mr. Hasszs0ek, gave notice, that on Tues day next, he would introduce a bill to change the manner of voting.
 Saturday, .tor. 2.
 Mir. Ffeteher, presented petition praying for division of the county of Pulaski; and the establishment of new county to be called Prarie; which was referred to se- lect committee, consisting of Msssrs. Der trand. Fletcher, Cru,ehfeld. Croft and Lind- cay.
 Mr. Feaihrrsioa, introduced resolution ins,ructing the committee ou internal im- D. ovemenis, to consider the expectancy of constructing state road from the boundary line of Missouri and Arkansas, via Bentosl- vile, Faye,ville, Van Burca, Wsldron, Dal- las, Par ,clifia. te Red river; the cost of said road to he defrsyed out of the internal ina- provement fund, and that said committee re- por, by bill or otherwise; which was adop-