The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-01-31
ReapportionInent.

men SO aOle paI5eE DC tNS IVfs3 49,
maintain its position by fair arguments, tna'
position must surely be untcnable. Ii we
had room for it we would publish the whole
Of its article of yesterday on "reappof-
tionment," that our readers might see no"
little can be said In favor Of the Hh9s
views.
When the Wing commits so grave an CT
ror as is involved in the assertion that the
co,rts" will seat the unseated Senators,
we hardly know what to think Of 1t. Each
House of the General Assembly is The sole
Judge of the election, qualifications, and
returns of its members, and If the Senate
were to-day without cause to unseat the
three Senators from the Richmond district,
and order an election to I'LL the vacancy
thus created, "the courts" would be pow
erlcss to remedy the wrong.
We must correct another singular misap-
prehension Of the Whig's. When we said
that the Senators held their places for four
years, "unless the reapportionment should
have to be made in the middle of the term"
we meant to assert by implication land it
seems to us now that that is exactly what
our language does mean) that every appor-
tionment would necessarily take place in
the middle of the term OF one or the other
class of Senators and yet the Wing so far
mistakes our meaning as to indulge in
serious argument to prove the truth of our
own assertion, and out of its own blunder
manufactures non se9uitur.
Again, the Wing says:
| "The latter part of section 8. article D.
says: and vacancies occurring by eXplra
| ton of term shall be flied by the election
Of Senators for The full term What is 4
| full term? From the first clause Of the
aforementioned section we see that 'foul
years. constitute full term. How car
any one contend that an implied power in
the section providing for reapportlonmenl
shall override this unmistakable language Z:
Here, again, the Wing overlooks the quail
flying words. "Eacancies occurring by en-
|ptration of term" must indeed be filled by
the election of Senators for four years, bu1
vacancies caused by reapportionment may
be filled by the election Of some OF the
Senators for two years and others for foul
Years. We would "nulliiy" no constitu
Itional provision. We merely construe two
provisions which are apparently inconsist
ent with each other, so as to let one qualify
the other.
| In regard to the judicial circuits the
Wing is equally unfortunate. 1t misses the
lpoint, and discusses question which We
had not raised. We say the General Assem-
Ibly has the power to diminish the number
of judicial circuits, just as it has the power
10 reduce the number Of Senatorial dis
tricts. and that in diminishing the number
of circuits it must reduce the number Of
Judges, and thus unseat some OF them
and that this is Just what we ask the Legs.
laturc to do as to the ScnatorS-unseal
them because the Constitution requires
them to be unseated. Let the Wing meet
this point.
| The Constitution first says that Senators
shall be elected for the term of four years.
The same section proceeds Immediately to
say that some Of them shall be elected for
two years. The same section finally says
that vacancies occurring ty expiration OF
STERN shall be filled by the election OF Sen
Gators for the full term" That is to say,
If Il Senator resigns. or dies, or becomes dis
qualified, the vacancy shall be filled by the
| election of Il Senator for the uneXplred
term. And, fortunately, the language is so
general as to remove the only difficulty in
the way of unscating the Senators, since
vacancies occurring by reason Of rcappor-
tionmcnt may be classed with those result
| ing from death, resignation, &c.