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of Representatives had been presented to us by their Committee, requiring the Justices of the Supreme Judicial Court to give to the House their opinion on the construction of the following extract of the Constitution of this State, to wit: | of Representatives had been presented to us by their Committee, requiring the Justices of the Supreme Judicial Court to give to the House their opinion on the construction of the following extract of the Constitution of this State, to wit: | ||
"The number of Representatives of all at the several periods" "of making such enumeration be fixed and apportioned amongst the" "several counties, as near as may be, according to the number of" "inhabitants, having regard to the relative increase of population" | "The number of Representatives of all at the several periods" "of making such enumeration be fixed and apportioned amongst the" "several counties, as near as may be, according to the number of" "inhabitants, having regard to the relative increase of population" | ||
| − | The undersigned Justices of said Court in the absence of Judge Weston, whose distance from this place precludes us from receiving the aid of his views and reflections, have in compliance with the requisition thus communicated to us, given to the subject the best consideration in our power ; and now have the honor of transmitting to the House the | + | The undersigned Justices of said Court in the absence of Judge Weston, whose distance from this place precludes us from receiving the aid of his views and reflections, have in compliance with the requisition thus communicated to us, given to the subject the best consideration in our power; and now have the honor of transmitting to the House the result of our examination and deliberations. |
In order to arrive at a correct understanding of the clause in question, it is necessary to attend to the whole section of which it forms a part; and also to examine it in connection with other provisions of the Constitution. | In order to arrive at a correct understanding of the clause in question, it is necessary to attend to the whole section of which it forms a part; and also to examine it in connection with other provisions of the Constitution. | ||
| − | It will aid our enquiries, as to the true exposition of this clause, if we first advert to the principles upon which the representation in the Senate is predicated. By article 4th, part 2nd, Sec. 2, it is provided, that on or before the fifteenth of August next, "and at every subsequent period of ten years," the | + | It will aid our enquiries, as to the true exposition of this clause, if we first advert to the principles upon which the representation in the Senate is predicated. By article 4th, part 2nd, Sec. 2, it is provided, that on or before the fifteenth of August next, "and at every subsequent period of ten years," the State shall be divided into Senatorial Districts; and the Senators "shall be apportioned according to the number of inhabitants" The words "having regard to the relative increase of population," are as it were, studiously omitted: and the reason of this omission seems apparent upon a moments reflection. The old, and comparatively thick inhabited parts of the State, bear according to their population, a much larger proportion of the |
Revision as of 18:52, 3 April 2020
514
[opinion of S.J.C.]
of Representatives had been presented to us by their Committee, requiring the Justices of the Supreme Judicial Court to give to the House their opinion on the construction of the following extract of the Constitution of this State, to wit: "The number of Representatives of all at the several periods" "of making such enumeration be fixed and apportioned amongst the" "several counties, as near as may be, according to the number of" "inhabitants, having regard to the relative increase of population" The undersigned Justices of said Court in the absence of Judge Weston, whose distance from this place precludes us from receiving the aid of his views and reflections, have in compliance with the requisition thus communicated to us, given to the subject the best consideration in our power; and now have the honor of transmitting to the House the result of our examination and deliberations. In order to arrive at a correct understanding of the clause in question, it is necessary to attend to the whole section of which it forms a part; and also to examine it in connection with other provisions of the Constitution. It will aid our enquiries, as to the true exposition of this clause, if we first advert to the principles upon which the representation in the Senate is predicated. By article 4th, part 2nd, Sec. 2, it is provided, that on or before the fifteenth of August next, "and at every subsequent period of ten years," the State shall be divided into Senatorial Districts; and the Senators "shall be apportioned according to the number of inhabitants" The words "having regard to the relative increase of population," are as it were, studiously omitted: and the reason of this omission seems apparent upon a moments reflection. The old, and comparatively thick inhabited parts of the State, bear according to their population, a much larger proportion of the