Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-01-27


MR. REDS REMARKS ON THE BILL 70
etailab The ssaf Of justice IN ths county Of Upton,
dsligzsd y ths Sssate, .agHory 20, 1905
ldr. Speaker: L viii be Remembered by every
Senator, that petition signed By large majority
Of the voters Of Upton county, vas presented TO
this General Assembly, asking for the enactment OF
q law authorizing them to hold en- election, to as
certain the wishes Of majority Of the voters OF
said county, as TO the removal Of the seat OF justice
Without dissenting voice an act was passed, by
this General Assembly on the 2vth Of Octooer last
granting the privilege to holdan election on the 26th
Of November last that the people Of Upton county
might determine throughthe ballot box IN reference
to the removal Of the seat Of justice from Coving
ton to the centre or central position; IN which it
was made the duty Of the Sheriff Of said county to.
epen and hold an election at all the voting places in
said county according the provisions Of said act;
and further 10 report the result Of said election
the Secretary Of State; and that the same be re-
ported to the Senate The report has been made
secor ling to the provisions Of said act which
port shows that q majority of seventy-seven Of ell
the votes polled in favor Of removing the Court
House from Covngt0n to the centre Of said county;
this statement being true and no one eontroverting
it, ! introduced the bill now under consideration
to carry out the viii and wish Of the people Of Tip
ton county, which proposes TO permanently estab-
lish the seat OF justice at central position in said
county, for the convenience Of the people. Sir, 1
insist on tie passage Of this bill act Of justice
to the intelligent citizens OF Upton county.
Mr.. Speaker, there is another reason Why this
bill should pass The people Of Upton county have
for many years felt deep interest in the settlement
Of this vexed question Of moving the Court House
from COvnpton. will state that two elections we're
held-the last one, believe, in l853-to move the
seat of Justice to Randolph aud was only defeated
by twenty-five votes. Ny opinion is, had the vote
been in favor Of Randolph, the location would have
& -
the people, as it now is at Covngton. ] mention
this not for the purpose Of calling IN question the
right or prudence Of the people Of Upton, but to
show their determination 10 move the seat Of justices
and therefore, urge the necessity Of passing this
BILL that the people may settle this question for
themselves.
Now. Mr.. Speaker, the question arises, have the
people Of Upton right to regulate and settle their
own local affairs Sir ask, have they constitu-
tional rightto petition this General Assembly to pass
an act to allow them the privilege to determine for
themselves, the policy Of fixing site to locate the
seat Of justice for their own convenience and Tor
public utility No Senator this floor, presume,
will call in question this right. I subscribe most
heartily to the principle, that the people have
right-an inalienable and indefeasible right, to
semble themselves together in peaceable manner,
for their common good, to instruct and memorabilia
their representatives for redress Of grievance, or
to enact law for their common good.
lIurLler assume Ludb III pUh6E 10 4AAEASAb aAN
belongs to the people, and that the rights that those
having the powers of government hold, are delega-
ted and limited from the people. This being so, as
legislators we are bound to legslate for the greatest
good to the largest majority. Then, sir II this be
doctrine which lies at the foundation OF all gov
eminent, which recognizes the people capable OF
sef-government l submit, if majority Of the con-
stitutonal voters of Upton county, fairly expressed
at the ballot box should govern to the settlement
Of this local question for themselves. Sir, ma
iority have voted in favor of moving the seat Of
Justice to the centre for their own convenience;
say let them do it. If the people want to locate
their court house in the middle Of mill-pond, or
in creek bottom, or on the top Of a hill where
there not one drop of water, say, IN the name OF
uon-intervention and the liberty they enjoy free
men, in the name Of that right handed down from
their fore fathers which cost blOsd and treasure,
let the people do as they please in this matter. Viii
any Senator on this floor presume to assume the
dctatoriai power, and say to the intelligent and en-
terprisng people Of Upton county, what they shall
do, or shall not do, with their courthouse? Sirs,
you have no other way Of knowing the wants and
interests of that people touching their local affairs
except BY petition or instruction. Have they not
spoken to you through the ballot box Is that voice
to be disregarded-Win Senator's refuse now to pass
this bill after the people have complied with the
provision of the law passed in the early part Of this
session Go, gentlemen, and settle upon the rich
soil of Upton county, where produce in abundance
responds to labor, and enjoy the generous hospta-
ty Of that chivalrous people, and learn that they
are intelligent patriotic, and wealthy and know, as
well as any people living under the sun, their own
interests, and as competent to regulate their own
affairs in their own way. l appeal to honorable
Senators todeny not this simple right-nSt record
your votes against one Of the dearest rights that
belong to freemen!
But, Mr. Speaker, the honorable Senators from
Hawkins and Marshall, object to the passage Of the
bill upon the ground that the centre shonld first be
ascertaned and designated, and this place put in
nomination with Covington. will say to the hon !
orsble Senator'S you did not, in the law which you
passed saythat the people should first designate the
new ste neither did the people ssk your advice as
TO what particular place they should build court
house The law said, if a majority voted in favor Of
moving the seat Of justice from CovngtOn, then 1t
should be located st acentral position ascertained
and designated by commissioners in said county |
The law also saws the site shall be eligible and
suitable Now, if the Senators viii prove to me
that q majority Of the people did not know what |
they were doing and we're mistaken IN the meaning
of the werd centre will admit that there is some
force in their argument; but, if the people under
stood what they were doing, and knew what a
central position in the county embraced then there
is no force in the gentlemen's argument
Sirs, I understood the provisions Of the law au-
horsing the people of Upton to settle the question
for themselves; and further, to embrace the great
doctrine of noninterYenton, and in the passage Of
this law the Senators expressly declared 1t Was not
the intention of this Legislature, to legislae seat
Of Justice into or out Of Upton county, but to leave
The people thereof perfectly free to regulate this
matter for themselves, and intheir own way Anoth-
er objection the Senator from Hawkins urges against
the bill is that the constitution presents difficulty
The constitution provides, that the seat Of justice
shall not be removed, except by tWo-third vote Of
the General Assembly I ask the Senator, if he can
in no etitufioD of
itself Does it mean that bare majority Of the |
members Of this Legislature might take 1t into /
their heads to move the seat of justice from COvng
ton TO some other portion Of the county! Or does
not a solution Of thereason consist In belonging TO
the subject matter referred to that is the right Of
the people. My opinion is, that this provision IN
the constitution was intended to pTeventhasy egis
ation, and to insure prudent, judicious, and wise
egislang in obedience to the will Of the people. If
The will Of the people have not been ascertained in
the recent election held IN the county, know not
how their will can be reflected. Mr.. Speaker, If the
people of Upton have right to settle this question
for themselves and it is constitutional for this Gen
eral Assembly to enact q law to this end ask, why
not every Senator in this Chamber vote for this bill
If it is wrong for the people to settle this question:
why not every Senator vote against the bill. Then
sir there can be no constitutional difficulty. stand
here to represent the people Of Upton, and to re-
deem a pledge made when canvassing that county !
that would use my influence, and support bill to
carry out the will of a majority in the settlement
of this question 1 feel sir that have faithfully
attempted to fulfill that promise, however much l
regretted to come in contact the interest Of the
minority; yet, believing as l do, that majority
ought to govern l should have proved recreant to
that high trust reposed ia me, had failed to dis
charge my duty on this occasion.
BRIEF NEUTRALITY-SUSPICIOUS. QUESTION. !
MR.. STANTON, when his name was called on the
question of the adoption of Mr. Williams Kansas
Resolution in lieu, said