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No. 1.

1847.

Report of the Committee on the Judiciary.

The committee on judiciary, to whom was committed the resolu; tion relative to the classification of Senators, agreeably to the provisions of "an act to apportion anew the Representatives and Senators among the several counties and districts of this State," approved March 10, 1846, respectfully report,

That this resolution having been previously referred to the committee on privileges and elections, and reported back without amendment, and with a recommendation that it pass, and no further action having been had thereon by the Senate, except to commit it to the committee on judiciary, we have presumed that the object of such committal was, that this committee should examine, and report their opinion upon the constitutionalobjection, which has been suggested, to the proposed classification. Your committee have therefore, with a due appreciation of the grave importance of the subject, devoted to it such attention and reflection, as circumstances rendered practicable, and have arrived at a conclusion satisfactory to themselves, the principal grounds of which will be found in this report.

The constitutional provisions relating to this subject, are foundin sections five and six, article four, and are as follows: “The Senators shall be chosen for two years, at the same time, and in the same manner as the Representatives are required to be chosen. At the first session of the legislature under this constitution, they shall be divided by lot from their respective districts, as nearly as may be, into two equal classes. The seats of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one half thereof, as nearly as may be, shall be chosen annually thereafter." “The state shall be divided, at each new apportionment, into a

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