Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-08-30
The Chattanooga SenatOriEI DtStrict--sA
Gard from J. A. Minniss Esq.
HIvsH NC NHdtIalOOsa AuFtIIIs-I'

The Chattanooga SenatOriRI plstrict--sA
Gard from J. A. Minniss Esq.
From the Chattanooga Advertiser.
CHArrAxooaA, Aug 90, 1859.
MR. EDITOR: Il had determined TO say nothing
in the public prints in regard to the Senatorial eec
tion 10 this district But so much has teen said
and so much has been written, that is erroneous,
both Of law and Of fact, that my further silence
might be considered by the public IS an scquiesence
in the correctness Of these statements.
1t has been said hat Col Tbbs aud myself agreed
81 the time the vote compared at Harrison, that
the vote of the GcUndy fraction of Sequstchie
ty vas unconstitutional, and should not be counted
aud that he left gith his election conceded By me-
but after he left a rs-eoEnt cf the votes vas had,
and Tibbs was thus deprived of his certificate Of
election. How sDy such statement could have been
made, am al loss to Determine. Certain it IS
that it is altoge her mistake. There was in fact
no such concession or agreement, and st the time
Col Tibbs lett Harrison the vote Of ISequatshie
county had not been received, and no ons knew how
fhat vote stood. There was a ruuor that seemed 10
be credited by Col Tbbs that twelve votes had been
cast for me in two districts, composed N part frcm
the Gruudy portion Of Sequatehie county, which
were in bis opinion illegal and should not be count
ed and that oy counting these in my favor, Col.
| TIbbs was elected by five votes, and by rejecting
! them he was elected by sever sen vctes. SO that
| whether they were counted or not it would nske
practical difference - The result. But when the
ctf cial vote of Sequatchie county was received it
was very different from the Tumored vote, and elect
| ed me- There was no recount Of the vote, for no
count cf il could be had before Col Tibbs left as
the vote of one county had not been received Nor
did ever agree that the vote Of the GEHndy frae-
! tion should not be counted, or that Col Tibbs was
I elected had no idea that Col Tibbs would sSye
before tie Sequatchie vote was received until saw
him some disis nee. and Immediately sent messen-
4; -, -, 81.
| full returns came. understood he received my
| message, but of this sE- got certain.
| Col. Tibbs has published card dated 10th inst,
in which there ale several Inaccuracies As to the
lss.e and ttmpea of the card have nothing to cay
II NAV be true that in Col Tibb's opinion be " has
maj 5riiy CT the legGl voters Of the District" and
that .'nc man in his will pretend to deny it,
| unless he is actuatsd by improper mstives." How
/ eye- this may be, DO deny #, and do many 9TH
! ers Il may be for The Waot Of sense" or 1t may
be from "improper motives" In Cyl. 1ibbs opinion.
! Col Tbbs says 1.-TWO districts in Sequachie coun-
w. the ID end stb we're taken from Grundy and the
| reIuainders from HGGltoH and Riedsoe," il form
! ing he new county of Sequaichie 40 years ago
befcre ana DONE will sht That in this be is great
ly mistaken will also show thst he is greatly in
error in bis reference to sec. A., page go Of the
| Code.
But without pursuing this further there has been
great deal said aud written in relation to the vote
of Sequatobie county, the manner she has voted in
this election, and particularly So in relation 10 the
second and eighth districts. These districts are
composed in pst from territory originally belonging
| TO the old counties of Marion and Bledsoe, then
added TO Hamilton and in part from territory ori-
ginally belonging to Grundy. | believe and main
tain that Sequstchie county has cast her entire vote
correctly under the Law and constitution, and that
the whole vote Of the county should be counted in
this election. The Code, page 81. Art. 4, se3. 90,
provides, +" Until the next enumeration and appor-
tonment Of the free white voters Of this State the
fJlJwing counties Ehall compose Senatorial dis
tricts." Eighth District; Rhea, Bledsoe Brady
Hamilton, Marion aLd Sequstohie. Is this proVis-
ion of law unconstitutional? | maintain that it is
not. The district under the last apportionment and
up to he last Legislature composed of the above
counties, except SeqUatchie. The Legislature on
the 25th day OF February, 1856, parsed the fellow
ing section " Be it further eRscitd, that the 10Th
civil d strict of Bedsoe county and the frat and se
cond districts in Marion county, be attached to the
county OF Hamilton" And that the foregoing sec
tion should take effect the 2lst Of Septembar, 1857
See psmI hlet Acts, page 246, secs, 8 and 8.
There is reference whatever in this act to the
formation of a new county. On the OH day of De- |
cenber, 1857, the Legislature passed an act estsb-
fishing the county Of Sequstobie See pamrhlet |
acts page Z, ch. II. This county is established by
meets and bounds but includes precisely the same |
territory embraced in said districts, taken the ses-
sion before from Marion and Bledsoe and addei to
Hamil,S n, and does not include foot of terrific
~ from GrULdy, one foot of additional tertC-
ry from BledsOe that had not already been added |
to Hamilton, and hence will be seen the error of |
Col Tibbs in his card 1t will be Geen by Sec g. T. !
and of this act, that it provides for 6 complete |
orgsniza ion of this county at once provides where
the courts shall be held-that the old officers in the
old countits in the territory shall hold their offices
aud exercise all the functions of the same until otb-
ers elected provides for the holding of Circuit
Courts, the times. and places, and the Judge to
hold them. &c., SC.
On the first Monday in January, 1857, County |
Court was held in SequaLcne county by the old JUS
tees, a. complete organization, under the above
act, of said county had and they have regularly |
since he'd all the courts in said county, snd done
all acts uppertainiDg to fally organized county.
The Con dtuion Of the State of Tennessee, Art 10,
Sec. 4, provides for making new countes-Sec. 5, !
provides that, The citizens who may be includ- |
ed in any new county, shall vote with the county or
counties from which they may have been stricken |
of for members Of Congress, for Governor, and for
members Of General Assembly until apportion-
ment Of members Of fGe4erslAssemby after the ,sab-
lishment OF such new county. Then, if this terri
tory, at the time of making the county, shall
be regarded as the territory Of Hamilton, which |
believe IS he correct view, it, as has been main
tanned, as underssnd, by high Judicial function
ary in this part of the State, and also by gentle
man Of age, experience and great legal ability in
this circuli that this territory being taken from
Marion and Bledsoe, expressly to create new county
though not expressed in heac should at the time
OfestSbisbiDg gtheneU county of Sequatchie bsregar
ded as the territory of Marion and Bledsoe in either
view of the case at the time of making the county,
the voters in this territory belonged TO the same
gressions and the same senatorial district with Ma
rion, Bledsoe and Hamilton, and therefore in these
elections voted with these counties, and whether Sc
quatchie voted with the one other of these coun-
ties 10 her organized capacity q county; wheth-
er she voted with aud part of one other Of
these counties, her vote would be counted the same.
Then supf ose the county OF Ssqustchie had remain
ed with the territory as made sad organized, would
any pretend insist that the provisions in the
code, that Sequa'chie county shall constitute Of
the counties Of this senatorial district is violation
of the Constitution Of the State, In ether words,
does the constitution mean, by the territory voting
with the old counties from which taken, &C., that il
absolutely Iaust vote as part Of the county from
which il is taken; does the constitution, main
tain that it does, merely provide where this vote
sha be given, that is in what district it shall be
cast but to the Of doing this, whether by
voting part Of the old county or counties or as
a separate organized county, 1t is entirely compe-
tent for the Legislature to provide that the
is given in the same district as required BY the con-
stiIuton; if am right, then, il Constitutional
for the Legislature in providing for Ssqustchie coun-
tys voting TO make it one Of the counties in this
Congressional and Senatorial district, snd being
placed as county. she most unques ionably as
county had right to vote in the Senatorial election
in this Senatorial district. And it was the duty Of
the Sheriff Of said county to hold the election in Sc
quatehe, and to report the vote the vote Of Sc
quatehie, just he did. Then the 4th Of Mareb,
1858, three months after Sequatehie had been estab
lished-after ss above shownit had been fully organ
ized the Legislature passed act changing tie coun
ty line btween Sequatchie and GTundy county at the
same time changing the county lines between some
or other countless pamphlet acts 1888, page
ST. ch Az sec q 50 it will beseen that not foot OF
territory was taken from Grundy 10 make the coun-
~ of Seguatehie, but was taken by change Of