Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-04-13

too many Court F1nnSes ana Jalls, Whlie Tue
people were poor and thinly settled, and while
in all probability, the proposed new County,
would not have sufficient population to be srpa.
rately represented in the Legislature, nor afford
sufficient Hlgailnn and registration fees to have
a Cuun,y police. The Conventions of those
States also knew, that long pcriodmusl ciap>e,
before scarcely any county, in region so wild
and remote as Texas. Alabama or Arkansas,
could become thickly inhabited by our restless,
rowing, perpetual moving young American p"pu-
lation. All pioneers are migratory and the
squatter members of those Conventions deter
mied 10 prevent any sudden exodus frem rav-
ing 4 county without Il representation or police.
That these were the controlling REASONS Is nppa-
rent from the connection in which the restrictive
clauses are found. from other provisions in the
Constitutions. aud from the debates in the Com
ven,ions which adopted them. But Wisconsin,,
still younger State, improved upon the Consl-
tulionsl provisions of Texas, Alabama and Ar
KANSAS, for establishing new counties, or divid-
ing old. Her Constitution. while it seems to
adopt 900 square miles, as the standard area for
new counties, still allows any old county to be
divided rs well rs any county seat 10 be removed
whenever Il majority Of the voters in the county
l3, sec. 7, s. 1t is manifest, that Wisconsin and
Texas in framing their Constitutions, clearly
designed to permit any old county. Of whatsoever
dimensions TO b. divided, whenever its wealth
and population should warrant. have not seen
the late Constitution of Louisiana, but the one
which WAS adopted in 1916, permitted new
counties or parishes to be created OF not less
than 625 square miles, and the full npmbrr of
electors necessary to cntit. it TO one represen.
tative. 1t also granted the right to reduce an
old Parish to similar extent ut territory, and
similar number Of electors Title ., art 8. The
present Constitution of Mississippi, toler1tcs
the reduction of an old county To SIG square
miles, or the formation of new one of not less
extent; Art I, sec. II. Iowa being anxious 1"
promote the Judicial facilities of her people, and
yet cautious to have police, az well as full
representative population in earh county, suffers
an old county 10 bc reduced to 432 nquare
miles, or 4 new one to be made Of not less con-
tents. Const Iowa, Art. II. SEE. 2. Michigan
has been peculiarly careful of this constitutional
right of her people, perhaps more so than any
other State in the Union except Tennessee. The
Constitution of the former State, allows any
organized county Ia be reduced even to 400
square miles III the formation of Il new comfy,
and omS TO limit the minimum extent of the
latter. 1t would appear that The one above
given, il the favore guagc for her counties, be-
canse she now has lweniy-fuur nn0rganized
counties, whose boundaries are marked attached
to the county of Michinackinac. The inhabi-
tans Of this latter county, including those in the
territory of the other twenty.fnur, all resort to
the same Court Houses, and will continue TO do
so until each of the unorgsnz-d counties, shall
have acquired population enough to he separate
ly represented in the Legislature, and 10 support
county police. Art. 4. sec. 4 and Art IL, sec.
7. Ohio, Indiana and Missouri, also permit tho
subdivision of their territory into Judicial coun-
ties Of not less than 400 square miles. Cons.
Ohio. Art Z, Sec g. Const Ind Art. ! src. II.
Const. Mo. Art 3, sec. 81. Tennessee is more
Jealous than all the other States on this subject. |
The only Limitation to the establishment Of new |
counties there is that they shall contain at least
$50 square miles of territory, and $50 qualified
voters-tllat no line of new county shall mp
proarh the Court House of an old county, hear.
pr than twelve miles-that in the creation Of 4
new county. no old county except y few which |
are enumerated, shall be reduced to less than
625 square miles, and that it is only necessary
for III 4jority Of the voters. embraced within the
boundaries Of the proposed new county, to sly
nify their wish 10 establish the same, instead Of
requiring the consent of ma jority Of all the
electors in the county or counties to bc divided.
ANY county seat in Tennessee may also be re-
moved by two-,hirds Of the Legislature. Const.
Tenn. Art 10, sec 4, 5. In Florida, new ju
licia county can be created without regard to
is territory or population, and any old county
nay be reduced ut pleasure, provided the full
lumber of inhabitants necessary for one repre-
sentative in the Legislature. be left. Cunst. Fla.
Art 8, Sec T. The Constitution of New York
,ives great latitude for the formation of new
Counties, and its only limitation is, that M new
ounty shall be licrc:flc: created, unless its
population shall enlille it to i member" of the
Assembly, Art. 3, Sec. 5. There is clause in
he Constitution of California, which read. rs
The Legislature sAall establish sys-
EN- of county and town governments, which
hall be as nearly uniform as practicable through
ut the State" Art. IL, sec. 4. The words
uniform" aud system" in this passage surely
ave reference to the convenient extent of conn-
les. Many Of the trainers of the California
were from those States which had
lways cherished, a" uniform constitutional sys-
en- of establishing counties.
This uniform system We have seen, is simply {
0 let the people govern themselves, rs they
lust BE- presumed 10 know their own wants
est-,o let them create 4 new county, whenever {
heir necessities require it. Some of the States.
nth view to prevent the mSchicvou$ effect of
avng too many counties, exact that each runn-
shall contain at lcast Il given amount of terri
,ry, or a specified number of inhabitants, or
9th. Another restraint which think they all i
npose, except South Carolina, is that each i
ounty shall erect its own Public Buildings, and =
npport its own local police, either by salary, or =
uhcient fees. With these two safeguards, the ,
tales which have adopted them. feel no fear :
ut that the people will govern themsclvc, WISE
7. In some other States, such as Illinois, Ken
lcky, Pennsylvania, Virginia, North Carolina,
ieorgla, &c, no obstacle whatever in the shape
given amount of territory, or fixed num- =
er OF inhabitants is interposed, to prevent the "
'rnlnlion OF new counties. So far from this,
not few OF the Stntes, the Judicial counties e
re so small, that several of them have to unite,
order to send one representative to the lower tt
ouse OF the Legislature. admit that in all Y
le States, sound discretion is, and should be p
posed in the Legislature, for regulating the re-
lction of old, or the formation OF new counties
wealth accumuates and population mul,ples,
ut in every State except South Carolina, the st
.ople are allowed to govern themselves in this G.
after, aud the best proof Of it is, l new s,
'untics ara being continually established in all q
e other large States Perhaps y dozen have fr
.cn created i'll Georgia alone, since 1851, which A