Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-03


Which might be done at any election, they have sip
y thrown sway their own rights and must for the
sake Of saving taer votes be counted so as to effect
the rights OF others to defeat the will Of a
majority IN another District. Then it IS the friends
OF MT. MINIS who tolerate the doctrine Of dis
Irsnenisement-a doctrine more odious and dstsst
able then federalism" fallen aud seditiOn laws"
or any other disregard for the rights Of citizenship
or political sovereignty doctrine. sir, which
meets with prompt reputation within the bosom
OF every freeman and pslrot A doctrine against
which would freely shoulder arms aud meet its
eosocases In battle! for the right Of suffrage was
acoleyed for US through many battles and much
blood. Il was for that sacred right that our noble
fathers OF the Revolution dedicated their fortunes
and their lives 10 their country Il vas against
that great aud glorious principle that Crest Britain
summoned her enslaved1apd poWer-fearinr soldiery
to combat sgainst the warm hearted freemen Of the
American eclonies IL was that benignant principle
that sustained and fed the fires Of the Revolut GA
aud gave energy and success 10 our touquering
troops And thst principle--the freedom Of the
BALLOTS boon which should be cherished in the
bosom Of every freeman the graf alnla mater Of
our LIBERTY Il should be iRdelIibly inscribed as
motto upon our.iegslstive action aad upon every
department Of both State and Federal governments.
Aud if thought that the vote which shan give in
this case would come IN conflict With the right Of
sovereignty Of any one citizen Of SEQ latohis wen
sooner see my right arm taken from me than cast
such vote.
Mr.. MINIS said: II was not my purposs, when
rst came to this house, 10 have said anything At
all upon this subject If my fseliHgs alone had
been consulted, I should have preferred that the
vote should have been takea without it, surprising
every senator fully satisfied in his own MUD. There
is no Senator on this floor who Is more fully con-
scous THAI myself, thss be is trying do precisely
what is right and to keep out of this conrVersy5an
questions of politisal character. Heaees when
had made up my own mind in the premises, took
upon myself to consult two able lawyers IS there
are in the State of Tennessee, taking one from
each Of the political parties, msp who have not
gagged in political strife IL seems that gentlemen
are determined to throw down the gauntlet of pOliJ-
ical controversy. shall not engage in it now, but
BY and BY if Ireiain my seat, snail say,
Lay on. MacDuG,
And damned be him who first cries hold, enough"
What has boon the course this moruing2 They
have gone into the actions Of the Senate when
drst took my seat That is past aud dOae ard will
not argue it. But before / took my seat consult
ed Mr.. Meigs, than whom a n0blsr does not
exist in this any other State, | asked him what
| should do. He examined the papers and gave il
as his opinion that it not only my right but my
duty TO take my seat, aud that be presumed that
no one either side Of tas Senate, would object to
my doing so as a prrHsa }see member. Upon that
presented myself add after some little controversy,
was sworn in. believe that it was my duty to do
it. l Wss sorry, then, to see the Opposition unau-
imously voting against my gifts to The seat though
will not say taat the other side DID not give their
votes as conscientiousy this side But it did not
occur to me that eleven senator's would oppose not
only the opinion of Mr.. Meigs but what, till then,
was considered to beths opinion of bon parties IS
to my priula faeis right.
Both in the report of the minority, and in what
we have heard this morning, 1t seems to me that
the whole argument is based on this proposition:
that we thus change the sppOrtionmsnt OF lS5l-52
The whole reasoning seems TO be based on that.
/ do not blame the other side only wonder when
gentlemen tslk long and lea nedly to prove this
that they did not expect to make their friends who
were engaged In that aPportonmeut blush oh f!
/ consistency thoa art jsWeiw Would that yOu
had always had the same regard for the Constitu-
ton that gentlemen seen to have tO-dav
Now the question is presented hsre, and il IL the
! first question wish TO discuss, as to the right Of
the Grundy fraction to vote in the Egth Senatorial
/ District Thst involves the ether question. IS to
whether the other portion of Sequalehie has voted
legally or not One question necessarily involves
! the other Mr.. MINIS tken said that ne wished 10
state here that be denied having expressed an OaiR-
ion on this point previous the election, although
there had been such assertion. Mr.. Minnis
thought that the Grundy fraction had right 10
vote in this election. 70 p-Oge his position, he
/ would commence with the Code. lie had been &C
eused Of setting up the Code over the Constitution.
He wished TO do no such thing. bat thought the
Gods should be subordinate to the Constitution sod
in harmony with it. de then quoted from page OIL
of the Code section go showing that il was enacted
that the Eighth District composed OF the eoun-
ties Of Rhes, Bledsoe, Bradley, Hamilton, MsriOn
and ssquatehie By this, SsquItehie is made On'
| of the counties Of the E gbth District If ther'
was no Constitution ia the way, there could be n
doubt about it The whole is plain. lie could n
conceive how the Sherffs eouli have done otherwise
than as theg did. Before the Sheriff Of Sequstsh
could have held the election as it Is insisted a
should he must have sat IN Judgment himself OF
the Code and decided that it was unconstitutional
He maintained that the act not unconstitutional
II it were not there could be question the cas-
ct. ALL The minority report Of the COMMITTEES
proves that it is not unconstitutional. Il viii
be remembered that the Act creating the ccan-
ty Of SeqUstehie was passed on the 9th day oil
0aesmber 1861 and the Act adding the
fraction from Grundy Wss passed on the 4th
dsy of March, 1858. at was not improper
to include the new county in the eighth Senatorial
District at the time that part Of the Code pre-
pared and adopted for hen il consisted of territory
taken from Hamilton county alone" OF eourse il
was not improper nor unconstiiuli1uai because ii
Il had been unconstitutional, it would have been
proper Now if it was not unconstitutional II do il
when twas done how comes il that ind in he
report that the county could have political or
ganization 1 ask if Sequa.chie county did not have
political organization seooriing to their own re-
portl say il did have the constitutional orgaui-
Zati0n. Let Us feier 10 Lne ultn tsaef % kne
tenth article Of the Constitution, Of which we have
heard 50 much here. "The citizens who may be in
euded in any new county. shall vote with the e0un-
ty or oeuntesfrOm which they may have been strok-
en- Of, until the next apportioumeut,' SO. Now re-
garding this territory coming from he county OF
Hamilton for tSe present, thea by the terms Of
the Constitution. the county being created cut Of
this territory, this portion Of the territory ought
properly to vote in that Senatorial District The
whole question turns upon this. It does mean
that it should necessarily vote part OF that
county. Il does not preisud to provide who shall
hold the elections The Constitution makes no pro-
vision to where the vote Of county shall be cast
that it shall be cast in particular District, but
leaves it open for the Legislature 20 provide for
this. Thus the provision Of the Code msking Sc
quatche of tae counties Of the Eigih 5snatOri-
al District, Constitutional provision.
Then what was to become of the Grundy frac-
ton? It will be borne in mind tbat by the act Of
the 9th Of December 1851 The eounty Of Se9uaishis
was eated,-aeeording to the Majority report,
giving it its political organization prior to the Ash Of
March, 1858. But they say the fraction taken from
Grundy county was taken to make new coaaty, OF
added to q new county. In the FIRST place, il was
not taken to make q new county al ell But first, |
wish to refer to the section Of the Constitution
held this in relation to the Constitution. that we
should inquire what were the purposes and iuten-
tons of the trainers Of the Constitution. We must
get at this from the Constitution ITSELF aud though
may look to the journal Of the Oouven ION which
framed it, it is not psEsR' to bring in other men
and seek 70 prove anything by testimony outside
You must look 10 the act ITSELF The new Consiiia-
lion does not differ much from the old IN regard to
new counties except lathe extent of the territory
required This Is provided in the fourth section Of
the tenth article. THERE'S not one word in il about
change Of county lines Then comes the eth sec
ton, which provides that the citizens included Ia
new county shall vote with the epuRty from which
they may have been stricken of Reference to the
preceding section shows that this has reference &c
the formation Of new counties. There is slme foros
TO be gathered from the Journal of the Convention
which formed the constitution, When this ones
ton was up. there Wsre various propositions 10
relation to new counties. On page $50 It is said
that Mr.. Eincaid made the proposition that eisi-
zens Of new counties shall vote with the counties
from which they have been stricken OF This wa'
an amendment to the fourth seatton but afteruards
made separate section. Il all relates entirelJ
to the formation Of new counties.
Has, Their, the Legislature the right TO change
county lines The opinions Of al the counsel fur
nshed in this case, except one assumes that it car
be done. Mr.. Ewing takes the position bodily that
it cannot, Sometimes It seems as If the minority
in thsf FsR1rt, are going to march up to the same
conclusion, bat nowhere d. they exactly advance
the proposition. Oar Legislature is not ike the Go
verhment Of the United States. The United States
do nothing except what is conferred By the
stitutan, Every oAer power is reserved to The peo-
I rla and -Cf.R.- Toruas-