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

| suCb pbWtE. vi tt1db sutytCt
the authority Is exhausted by the consti
tutional provision. and an attempt to rem
der il nugatory by law, would be an at
tempt al repeal Il may be said tha
the persons elected or appointed by tn,
Justices were officers de yjacto If not de j,re
but the question of their constitutions
rights to hold the offices does not arise
incidentally i'm sthis case. Chief Justics
Catron answers this position when hs
says in the above case; 1T is an axiom
in government, that what the Legislature
has not power itself to do, cannot be con,
ferred on an agent; the principal having
no authority, the deputy can have none. >
1t is proven affirmatively. that there was
no election of county officers by the peo.
pie before the Grundy fraction was ad
ded to the new county; it does not ap.
pear in proof that there has ever been an
election Of county officers by the people.
But the UNDERSIGNED have in support OF
! tneir POSITION on the question oil fact. a
Legislative assertion as late us the 18th
day of March, 1858 that the new county
was not organized. See Privete Acts of
lS57-S, chap. ll2, sec. g. page $40.
As to the other questions of fact, the
undersigned have but little to add to
what they have already said in previous
parts OF this report. 1t is undeniaDly
established by the proof that the Grundy
fraction was to be embraced in the new
county when application was first made
to the last General Assembly for the crea-
ton OF the new county; that it was inclu-
ded in the original draft OF the first uct
and stricken out to abide an interview
between the citizens Of the fraction and
their Representative in the other House;
that u bill of injunction was issued i'm the
month Of February. 1868. to prevent the
establishment Of the new county; that
the Hamilton fraction did not have the
| territory or population required by the
Constitution without the Giundy fraction
and that the Grundy fraction was added
to obviate Constitutional objections and
to. remove all just cause of litigation
against the establishment and orgariza-
ton of the new county. That the Gif,n-
dy fraction was added in order to form an
| integral part of new county. and to
1--WE Constitutional breath and life TO
what had been done, cannot be, in the
opinion of the undersigned, the subject
vi successful controversy.
Having thus reiuted the assumption of
fact, so much relied upon by the najori-
ty in this report, the undersigned might
here dismiss the subject; but they think
It due alike to the general Importance OF
the subject anu the rights of the contest
| ants. to attack the views of the majority
on their own ground Of fact and Consti-
tutional law. Does the fifth section of
the tenth article of the Constitution APP
ply to and embrace the Grundy 1. faction,
Llthough it may have been attached TO
the new county by Il legislative chan &c OF
| county lines, and after the new county
had been fully organized? 1t will reflect
much light upon the proper construction
ui tins section OF the Constitution to as
certain its relation to and influence NJ on
| several other provisions in that instru-
| mpnt.
by the fourth section of the second ar
iic.e of the Constitution, the General AS
Sembly is clothed with the power of ma
kan. an enumeration Of the qualified vo-
ters and an apportionment OF representa-
ton in the Legislature, to he exercised
the iirst time in the year 1911, and with
N every subsequent term Of ten years;
and it is manifest from the provisions OF
he fifth and sixth sections oi the same
rticle that equality OF representation
was IA primary and chief object of inter
est with the members of the Convention.
| Ii is no matter OF surprise that the inem-
Dcrs of the Convention were tenacious
Of this greatest blessing in IA republican
government, equality of rel resenlation.
Ii had formed an element Of patriotic de-
votlon in our national struggle Tor an in
dependent existence; it had been trans
erred from our battle fields to an abiding
place in our Federal Constitution, 1t had
made us the most happy and free people
| L.. - l,n - LII
bcen LETT out of our State Constitution,
would not have been reflex of the pop
ular sentiment. When the Legislature
passes an apportionment act according TO
the provisions of the Constitution, il may
auu,cct is exhausted for the period OF ten
years. Why the decennial enumeration
| nd apportionment was adopted, il is not
important to inquire particularly in this
connection. II mad been Introduced in
20 the Constitution of the United States,
after mature deliberation of the Conven-
sion us the most effective means to Sc
cure equality of representation among the
several States in Congress; and it was
doubtless to secure equality OF represen-
cation in the Legislature that it was Incor-
polatcd in our Constitution. As corse-
umence incident to the exercise of this
power, the qualified voters have secured
10 them Tor the same period OF ten years
a Constitutional right 10 vote in the rep
resentativc districts to which they may be
assigned, and it would be very difficult 10
maintain that the legislature could de-
priye the voter of this right by transfer
ring him against his will to a different dis
| trlct after the right has attached. Had
,he trainers OF the Constitution left equal
,ty of representation rs 1t Was secured
and guarded by the above mentioned
sections of the second article, there would
in all probability, have been no necessity
for the firth section OF the tenth article
n was known to them, however, that as
I'm. forest was removed and the popula
, lion increased, it would become proper
and necessary to divide the large counties
and make new ones, and by the exercise
; of such Ia power. the legislature might
every two years seriously disturb equality
os representation, and greatly derangt
: the deccnnial apportionment. 1t wal
TO uumd this power against producing
: directly orindiectly such results, tina
: tLe provisions OF the fifth section wer,
t adopted and placed in such close connec
: ton with the power 1t was intended to
2 limit. This section is then AN impor
. tant restriction on the power to ere
ate new counties; it is also one OF th'
? strongest guarantees in the Constitution
/ that equality OF representation shall no
, be disturbed between periods OF enumera
: ton and apportionment' 1t Is dithcult z
I see how any serious controversy coui'
: arise rs to its true construction. Tit
e nurpose of the section being one OF grea
: inheritance 10 the rights and interests o
= a free people, it would naturally be es
y pected that it would be broad and CON
S prehensive in letter and spirit, and tina
+ such Interpretation would be gwen to