Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-30
THE CONTESTED sEATIN THE SENATE.

The Opinion Of NEcssrs. MeiGs aud Cooper
The contested election case from the Eighth Sena-
toral District viii be taken up in the Senate on
Wednesday next The majority Of the Committee
in their very able report take the ground that the
two civil districts added to Sequatchie county by
change O. 10 county line between Sequatcme and
Grundy lawfully belong TO the Eighth District, and
voted properly in that Districr in the Senatorial
election This view of the question "a isl.g c9n-
8rmed BY the opinion of Messrs. MEIGs and CooP-
sR. which we publish below. Admitting the votes
of these two district according TO tine opinion Of
these distinguished lawyers, Col MINIS is elected by
a majority Of Is votes. Bat if the cnEiro vote
of Sequatcbe county should be rejected, according
TO the reasoning Of THoyAs WASHINGTON, Esq in
his elaborate opinion, published in the minority re-
port. and copied in the Nashville Ns,0s few days
since. then Col MINNIE 5 majority would be 81. In
eitAep case Col MINIS is clearly entitled to the seat
On the 25a Of February, 1856 the General As
semblv passed an act (Okap. lbZ, secs. ana T. p
246) 10 take effect the 2lst of SeptemseE, ls1' ny
which the Tenth Civil District of Bledste County
anJ The First and Second Civil Districts of Marion
Comfy were attached TO the county Of Hamilton,
ON the 9th OF December, 1851, the General Assem-
by formed neSs Gsgpty out OF tins territory by en-
Il
is hereby established by the name Of Sequatcme,
and formed out of the county Of Hamiucp, and
bou.5ed rs follows" &c. by express provision,
this act NseuL into effect Immediately and the coun-
" of SeguatcbiG was placed upon an equal
footing with equal pcvrH- uud privileges IN all re
spccts as other counties in the State On the 4th
Of March, lS5S. the General Assembly pa5Fod an
act (chap -. %. So To change the line between
the counties Of GuHndy and SequaUchie Jefferson
and Granger. Van Buren, and White and several
L .a,- 15,,.. lir . Is
the line between the counties Of Gruudy and Sc
gustehie be changed follows &c, by winch a
DortioR Of 8lgndv County was attached to Sequ2t-
chic The county of ScquGtchie has been land on
into civil districts aGd jcctoa precincts established
hy the county authorities. "a section yy OF inc
C1e which went into effect forty d4ys sfter the adj
ofthe Legislature OF lS5I-Sthc kgII zen
st1ria District is composed of the counties Of hhea
Rialsoe. Bradley. Hamilton. Marion and Seqatchie
tho tayyitos,v and voting population being the
-, ;IuIad' in the district Is laii OIL under the
Isst arnortionmCnt set except the tsrrtoTy ana
,,,n,,Iat5on ct,t off front GrgnGy GoHpy ~ t4e
chance of county lines above menuenea. n tGS
cInc,iop of members Of the General Assemoiy Relu
on The 9Th Of August, 1872 the elScuou VI .pgu@s
Chic Contv for Senator was held by the county Of
trs 81 A. prkoit,ets established by the county au-
tboritics In the frsetigH Of Sequatcme county Ia
Ken from Gruudy bv the chsng2 Of county lnes'
nineteen votes were polied and eoqfbSA IN me re-
turn made by the proper ret1flns ~ NJ ~
election Tor Senai0g III llo i-'o T7"
trict
Upon the foregoing state Of facts, We arc asked to
give our opinion as LAWYERS, whether. under the
provisions Of the fifth section Of the tenth aruee 81
the Constitution the citizens of the Grumpy iracuoh
of Sequatchie County were entitled TO vote I9F
Senators in the Eighth Senatorial District. OR should
have voted with the county OF Grumpy, from "hcn
they are taken. We are clearly Of opinion, mat
their votes legally and consttutionalig given
in the eighth district The provisions Of the Constr
tuition in question has application 70 mere
change ofcounty lines. The power to change coQn-
tv lines whereby the citizens Of one Legislative or
Senatorial District have been taken therefrom and
attached to another district, has been frequently
exercised since the Constitution was adopted and
the practice has been uniform for such citizens to
vote in te district b which they have been attached
1t Wa certainly uesCF intended by the trainers of
the Constitution to restrict the power Of the Legis
lature to make local changes in counties to meet the
wishes Of the people, aud the convenience Of part