The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-01-13
p..r,,ort;onrnent-The Argument.

Reapportionrnent-1he IA s.s.
80 curious to know by what pro.
.o.x If reasoning the conclusion was
reached by certain committeeman that the
General Assembly had no power to unSea'
the Senator's elected for four years. Inc
Wing QocaD gives usthe following m''rm'''
ton:
"Tber commended that under the Con>tltu-
ton the Legislature had no !Sht 10 lncl
or diminish the number OF its members ny
n reannoriionment for if 1t had 1t would
also have the right to deprive the STATE OF
Rny legislative department whatever, or 10
deprive portions Of the people OF the rlShI
10 he heard through their representatives.
In fact. it could change the very form OF
government itself. In the majority aspect,
for instance, It could make the number Tor
each county in either House one, ten, or
fly, or decrease them in a similar rate at
pleasure. The Constitution prescribed
form Of government, and established le-
gislative department, and any attempt to
change the one or the other Is in violation
Of the fundamentals law governing the State.
The committee quoted from Chief Justices
Marshall and Story to show that 4 Leglsla-
tuTe had not the power to set aside written
constitutional limitations"
Since we all agree that ga Legislature
has not the power to set aside written con-
s.itutional limitations" and since no such
question Is involved in this discussion, we
shall say nothing on that point. We might
also, perhaps, concede that as the Constltu-
ton has "preSclibed form of government
land established legislative department,
"any attempt Iby the Legislaturc]to change
"the one or the other is in violation OF the
" fundamental law; though we do not
acknowledge that this has anything to do
with the question at issue, which is, not
whether the General Assembly shall alter
the Constitution, but whether ii shall per.
form duty enjoincd by that Constitution
The assertion that the Legislature has nc
power to reGiStrict the State because II II
has it might reduce the number OF Senators
or delegates to ten, is just such an argu'
ment as would be the declaration that Gov
ernor WALKER has no power to pardon
penitentiary convict because if he has he
can pardon every one in the pcnitentiary
The Governor could pardon every convict,
but he will not and the Legislature could
perhaps reduce the number of Senators tC
ten, but it will not. Whether it can or not,
it can certainly unSeat the Senators elected
for four years. Who would not laugh al
the lawyer who should say that State
Convention has no power to fix the number
Of representatives because if it has it could
reduce the number to next to nothing:
Every man knows that no Convention
would thus abuse its power. No more
will the General Assembly so Ion" rs there
are so many men anxious to secure and
hold on to seats in that body. TO argue
that power does not exist because it might
be abused is to argue that the Legislature
has no powers.
But in the name OF common sense, why
rcapportion the Senators and Delegates il
the number of them must remain rs it IS,
and the districts must remain rs they
are? First, we can't unscat the four
yea: Senators, and so their districts
must remain rs they are or be doubly
represented, and this will necessitate
the leaving Of the other districts rs they
are, and so there cant be 4 reappor-
tionment! And secondly, we can't Increase
or diminish the number of Senators, and rs
we can't unseat any. we must leave twenty
ofthem, and 50 there can't bca rcapportion.
ment for a second reason. Yet the ConSti-
tuition provides that there shall De Il reap.
portionmcnt. The good sense of the Gene.
raj Assembly will, we trust, be too strong
for the four-years men and we are sure
that the grand army Of the "outs will see
that the voters arc set right upon this ques,
fion