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


mt eonirmed opn oBs as 10 the true issues of the
contest am glad, however, that subsequent aud
mature investie Atom of the case confirms me in the
consciousness OF the recttuds OF my course, and 1
that Of the entire opposition, even ia the very out
Get re- the case But the Senator from Shelby lMr. I
pav-el instifies the hasty and immediats induction 1
of Mr. Minis to the seat, upon the idea that it was
of rea Importance to the people Of the 9Th Senat3-
rial District. that they should be represented BY
some body at least until the contest could be deeid
ed The Senator, presume forgot That those Dso- |
ME ught not to be imposed upon By the oershp
Of anv one but their true Senalor--ihat we ought
rot bv arbitrary means, to have imposed upon them
tse serv;ces of q man whom they had probably re-
pudja cd -aeaiass whose policy Of legislation they
had decided as detrimental TO tneir interest. That
il should not heSe been our province to have infict-
cd ali this mon them, under the pretenss Of friend
shin and respect for their rights and interests and
Tins disregard the real rights and mmuniies of an
elective soyereigny. For it was just as important
70 tnosa peope that they should have been guarded
and protected against the Misrepresentation Of one
who vas not their choice. as that they should have
the reuressntatiVo services Of their choice That
tbs 81 sbould have been held vacant until the con-
fest was decided is consistent with good sense aud
,vi, tho hest authorizes and presidents upou The
aahieet need not 60 into silher elaborate argu-
meHt on the on hand or details Of reference on the
o.her aesmug H. as do, snfi ,ient to give simply
on ,,ataton of authority which m st CLEARLY set
l
r.fer.nes to page 80 OF Cushiugs Law and Practice
of Legislative Assemblies. the folloW will be
/ f,uDd to-wit: "Where adverse claimants are re-
turned neither sit until his right is determined
any more than any one claimant caa siI without any
return.
In Eugiand the case Of double returns IS not at
all uncommon aud an order is always passed in the
/ IIouse Of Commons at the COMMENCEMENT Of the
session. prohibiting persons returned from sitting
or voting until the question Of their election has
! been determined In this country. for reasons al
! ready stated, double returns are frequent When
ever they do happen of the persons returned
ought to presume to take any part in the proceed
ines until their conflicting claims be considered
| and decided ~. -
Now can Senators listen to the reading Of this
authority without feeling conscious Of the commits
sion of wrong in the very first steps they have Ia
ken in the case 1t ia clearly obvious that rdicG-
4 Ious blunlier has already been ccmmtted-that a
radical innovation has been made upon the settled
practice of legislative assemblies-and TO eonsid
/ cradle extent violation of the great fundamental
J principles of representative government has bsen
perpetrated by the dominant party of this Senate.
| Bot will not dwell in animadversOn upon the
plumbers and egregious errors commit I'd in the out
set by the Democratic Senator'S, for it would only
sting the conseienees Of Senators by holding them
TO ar account in moments Of better and more ma
ture deliberaton for sins Committed ia the haste Of
impulse and indiscret'on. Nor should have alud-
cd to those things bat for the purpose of showing
that til ere has been settled determination upon the
part of the dominant party to sustain Mr.. hIinuis
/ even at violation of all rules Of courtesy; and
therefore any discussion of the upon our part
cannot avail any thing in behalf Of Mr.. Tibbs. And
| am frank in the acknowledgment sf the fact that
50 far as l am concerned in this discussion am
simply making no and preparing q bill of exceptions
incident to the appeal which take to the people
of Tennessee upon the rectitude of course: for
upon that great and infslibe tribunal, we rely for
vindicatiou of our conduct. not only in this case
but in many other measures and propositions upon
which We may and doubtless will be overpowered
by the arbitrary aud aggressive msrule of the
party in power Dismissipg the further eousidera-
ti,n OF that which tight be termed the unkinduess
of The friends Of Mr.. Minis toward those Of Mr..
Tibbs will proceed to brief discussion of the
question now at issue before the SenPie l believe
that is conceded by all that the result Of this
test must nrn upon the vote of the ID and 9Th dis
tricts which were taken from Grundy county. The
question: then is as whether that part of Grundy
county which was taken off to Sequat Ihie county by
a change of county lines should have voted back
with GruDdy its mother county, or whether with the
new county OF Sequatchie in the Senatorial Repre-
sent alive and GLbernaorint elections If they be
counted with Gruady that throws them cut of the
Sth Seuatsri district andinto the 18th, and there
fore elects Mr.. Tbbs But if they be counted with
the county of Sequetchie, or rather with that OF
Hamilton, it gives Mr.. Minis a maj ority. Sc
oustchie was made since the last aPportionment,
| and is therefore a new county. 1t was first made
entirely of Hamilton c5nnty which is in the
9Th Senatorial district wherein these contestant
ran and afterwards during the sane session of th'
Legislature, the change of lines between the cOun
" of Grundy, which and is still ia ditferen
Senatorial District brought that part Of said county
of Gruudy which is now the field of battle into th
, said coun y OF Ssqustchie. The question is now a
TO whether at the time Of the recent election tn
county of SeqUatehie was a nea Gounty-and whe
Their this fraction thus taken from Grundy was
part Of that county Of course it was and i
o still new county. and will be such until the mex
| apportionment. Now the majority report of th,
committee, proceeds upon the idea thai Sequatchie
with resyect the addition of the Grundy fraction
was an old county and therefore that the clause
the Constitution which We rely upon does not apply
I Now was ever such an absurdity entertained Tha
Seoua cnie county which had been incorporated il
| December should have grown old by the mOnth o
March following. What is q new county in tn,
meaning of the Constitution? Most obviously sucl
counties as may have been formed or established
between the decennial appointments, and is new
until it reaches the succeeding apportionmeut afts
its establishment There could be but one ofher de
! fnition given 10 the term new county that woult
bear the least plausi6lity unon its face 1t nigh
he that the trainers of the present Cons tuition Wh(
! we're simply revlsors of the cd Constitution intend
ed this distinction: that ell counties formed frou
that time forward .be regarded new in contrsdis
o tinctl0n those RI tln5 wei
> either oonstruction would be ia perfect harmony
with the position we take. Mere alterations of III,
lines of q county cannot make it old county, bu
it must at least pass one appointment, before
can be ranked with Old counties
, Now to the consideration of another question
somewhat cooseout veiy related 10 the one last men
q toned We're the cilizsns Of that part Of Sequat
chic which was taken from Grundy az tue time O.
the election, embraced lin the language of tn.
Constitution included in the county Of Ssquat
4 chic What is meant By being included withia
county? Simply that which is within its lines anC
if brought within those limits by change of suot
lines charging the county 50 to embrace them
/ would they not be included in the county as muoE
as if embraced within the boundaries first desig1a
ted in the forms ion establishment of the county
Then being satisfied that those citizens whose vote
turns the results of this election were included IL
/ the county of Se9uatohis, and that Ssquatchil
was new county, we will TURN to the Constitution
: and see where they should have voted The ST.
a section of article Y of the Constitution says:
r 1.-THE citizens who may be included in any new
county, shall with the county counties from
| which they may have been stricken off for mem
| bers Of Congress- for Governor and for members o
the General Assembly, until the next apportionmen
of members to the General Assembly, after the es
!. | Enlistment of such new county r
a Now notice tas section jast read. Let US snslyz
g it. The citizens who may be included in any neV
county mot in those parts stricken off in the frs
q formation would have it, without any ex
ception as TO whether they be included in the frs
lines established or those afterwards established
/ by change, shall vote with the county or coun
!, | ties from which they may lave been stricken
# off &c. What is meant here by the phrase
: "stricken Off" 1t does not say stricken eff il
n | the first establishment of the county; bat i
: broad and general and certainly would embrace
e that which might be stricken off by change o
J., county lines. 1t says that they shall thu
e vote until the next appOriiOnment, &c, which
# clearly shows what they mesnt by new county
Bsing required to vote thus till the next apporton
: meut, shows that ia the contemplation of the fra
4 mers of the Constitution, apportionment wa
8 considered having passed since the formation 0
n county denamnated new, and th.t it is new unit
l. the next appOrtOnmept. Whist, offices are they lin
a tied to in such voting by the Constitution Why
e that Of members to the General Assembly, member
n | to Congress, and Governor, and there it stops
e These the Offices which effected by the ap
portionmsnts, except the Office of Governor It CON
ing before the people the same dsy CT the cleo
ton of members to Congress- and to the General As
semby and in order that all that vote in those elec
lions on that day might vote also in the Gubernato
rial election, it was very Justly put in with tbos
Offices For all sthsr ELECTIONS they are allowed Il
!, vote with the new county, showing that this reser
$ walton of sovereignty to the old counties from which
the fractions might be TAKEN Wss entirely with res
pect to those Offices mentioned 10 order that sucl
/ IL L -