The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1859-11-04


stitutions cover the new State? So, lust
rs soon as the Grundy fraction was added
to the new county. whether by u change
OF county lines or otherwise, the proyis.
ions of the second section Immediately
fastened themselves upon 1t as did all the
other provisions of the act. and fixed
where its qualified voters should cast their
votes until the next apportionment.
II has been said that section 81 Of the
Code attaching the county of Seauatchie
to the Eighth Senatorial district in, and
OF itself, carried the votes of the Grundy
fraction in that distr ct but this was so
utterly untenable that IL has been aband-
oned and need not be- further noticed. -
! Ii may. however, be contendel that this
section of the, Code does indirectly re-
peal the fifth section Of the appoItion-
| ment act. and the last clause of second
section of the act creating the new conn-
ty of Sequatchie. No such purpose could
/ have been inteude by tie Legislature
when this section of the Code was adopt
ed, "a a brief staten ant OF facts will ful-
ly and clearly show. 1t will be remem-
bered that the act creating the county of
Srquatchie was passed on the 9th day of
December. 1857. anil the act adding the
fraction from Grundy was passad on the
lth day of Tch, 1858. The part of the
Code bringing forward the various pro-
visions Of the arportionment act of 1872.
was adopted after the creation of the new
county, and before the addition of the
tirundy fraction. 1t was not improper 20
include the new county in the Eighth
senatorial district ut the time that part
Of the Code was prepared and adopted,
or then it consisted of territory taken
rom Hamilton county alone. But exact
'cculacy in this part of the Code could
not have been intended, and was not.
most certainly attained. BY the provis-
"ns OF the Code. the new county of Cum.
berland, made up of fractions taken from
'ounties IN the second. third and fourth
Con srcssional districts, is attached to the
.hird Congressional district; the new
,ounty of Putnam. taken from old coun-
les belonging to the second and fourth
| Congressional districts, is attached to
10Th of said districts by name without
Axplanation, and the new county o,
Union is mentioned in the Congressional
.istricts, but not in the Senatorial. In
view of these facts it will require more
:lIan appears i'm the Code to work u repeal
Of the fifth section anl the last clause
of the second section of the acts refer
ed to. 1t is no part OF our purpose in
referring to these inaccuracies in the
Chlc to reflect on the worthy and learned
gentlemen who were mainly concerned in
IFS preparation. it is matter of wonder in
he opinion of the undersigned, that
looking to the magnitude of the work
md the time consumed in preparing it,
:" few errors are found in it. But were il
conceded that there was an irreconsilable
conflict between the provisions of the
Code and of the apportionmcnt act to
hat extent the Code would be Il neu,ral-
", as will be seen IN the farther discus.
sion of this case.
The majority have not, doubtless for
,umc good reason discussed ether one OF
,he points the undersigned have urged
nbovc. although they were to some en-
'ent debated in the deliberations of the
Committee. but have rested their conclu-
sion, us to where the voters of the Grun-
dy fra ,tion should have cast their votes.
upon IN effort to show that their repre-.
rntat.vn condition was fixed and con-
rolled by the power of the Legislature to
chan -e county lines. and not by the
'ourtll and ti,th sections of the tenth Ar
icle of the Constitution. Two things
are as.u ned in the report of the III !jorit,
as proven. |. That the new county o
Scquatclie WAS completely organized be-
fore the Grundy fraction was attached
! md = That the Grundy fraction was
nsi;'rred to the new county for the
mere convenience of the citizens living
n it. and not To form an integral part o.
a new county; AMI upon these assump.
tions of fact, they predicate their whole
argument. The undersigned controvert
these assumptions of fact, and if it is
shown that the majority have erred in
these assumptions. their argument and
conclusion must fall tn the ground.
1t is not true in law or in fact in the
opinion OF the undersigned, that the
new county of Seuuatchie was organized
nj in .ul possession of the rights and
! ,,rivilrees incident 10 organized counties
At the time the Grundy fraction was ad.
! ded. Wuen a new county is formed our
%. the territory of an old county, the ju.
risdiction and authority of the old one
continues over the citizens and territory
-. the new one until it is in condition TO
redress civil injuries and punish public
! wrongs. This must be so, or then the
TRANCE anomaly would be presented o.
a community. in the body of State pro-
verbal Tor an upright and efficient admin
iStration of civil and criminal remedies,
which was wi hout he pale of remedial
Justice. In the case under investigation
his position is much strengthened il not
distinctly established by the provision OF
The Private Act of 1878 cnap. ), re-
Ierrcd to in II former part OF this report.
The new county of Sequatchie did not
pass out from underneath the ,jurisdic-
Iiun and authority OF Hamilton county
until it was provided with the Courts and
officers necessary for the enforcement o
law and the attainment ot justice Did
Sequatchie have any such organization
wh,n the Gvundy fraction was added
rne act creating the new county, did moi
and could no, have effected such an or
, ganizatlon. The majority do not attrib
, ate any such energy to that act, but it il
, insisted that the justices of the peace OF
: the first Mond " in January, lSoS, com
pleted the organization. so that the new
county was as thoroughly all organizeo
/ county as the counties of Davidson an,
, Rutherford. 1t does not clearly appeal
in proof what was d ne by the justice
{ ut the time referred 10. or on any othe
I Comfy Court day afterwards; but SUP
pose it is true rs slated in the report o
? lhe majority that they elected or appoint
. ed persons to all the county offices, til
, exercise of such a power is palpabi
/ violation of the Constitution, and coul'
e mot, therefore. aid the position of the ma
/ .jority. The Constitution provides tina
! the Sheriff County Court Clerk, Trustee
= and Register. sldll be elected by the pee
/, pie, and by the second section of the III
' article 1t is declared that. should u "a
1 ,uncy occur subsequent 10 an election in til
T. offices of Sheriff Clerk, Trustee or Regi,
+ ter, it shall be filed by the Justices :
, No such contingency as vacancy subs
: quent to an election, occurred in tn
case. and it is only upon that contin .er
1 cy that the justices have the constitution