Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-10-22

have been imperative and void. The active
friends of the new county in the General l
Assembly were in all probability cognizant |
of all this-the expressions 'frocioRs." '-couTs- |
fies," frequently occurring in the first act |
These facts show that the Legislature was I
was looking when it passed the first act. TO |
the passage of The act of the Alb of March,
1858, as the completion of thing begun
the creation of new constitutional county. /
1t may be said in truth, that the two acis are |
but one act, because each one would have |
been imperative without the other, and il is
only by regarding and sreating them as one
act of legislative power that the intention OF
their trainers can be carried into effect.
By The fifth section of the apporIionment
act of 1872, it is provided. ..rhatsIbe citi-
zens of the new counties, made under the
amendments to the Constitution. shall vote
with the respective counties from which they
may lie taken, for Senators and Representa-
tives, until the next superintendent" And
by the last clause of the second section of
the act. creating the new county of SeqHat-
chic. it is also provided that 1.-THE ctiZens
thereof shall vote with the c0unfies fr' m
which they are taken for members o. the
General Assembly, until the next apROrtion-
mant. agree able 10 the provisions of the fifth
section Of the tenth article OF the amend d
constitution" 1t wholly immaterial in this
conn, ction to inquire whether the prOvisions
of the fifth section of the tenth article OF the
constitution. would have applied to the
Grundy fraction in the absence Of the pro-
visions of the law just quoted. 1t is snfh-
cient that the General Assembly has incor-
porated the constitutional restriction III the
last apportiOnment law, and The organic law
IF the new county. Do these provisions. or
either one of them apply 10 the Grundy frac-
lion. in the relation il sustains TO the county
of Sequatchie! That they do apply and fix
the right of the voters in the fraction would
seem too plain for debate. The section first
quoted is prospective in its operation. embra-
cling all new counties created after the date
of the act, and before I, e next appOrtion-
ment; the other clause quoted is limited IN
its operation TO the new county then ere
ated.
1t may be said that the clause in the act,
creating the new county is limited in its
meaning to the citizens of the territory out
cfwhicb it was formed. but il would b. ridcu-
lousy absurd to attempt to contine the fifth
section of the appointment act in any such
way. Such construction would not only de-
feat the intention of the Legislature, bat
would make the provision sensrlass and un
meaning. Were the voters of the Grundy-
fraction at the late election citizens OF county
created since the date of the last appOrtiOn-
meat? II they were citizens of such coun-
ty. they must vote with the county from
which they were taken. 1t is wholly outside
of the language and spirit of the section to
inquire whether they were made citizens by
being included in the original formation OF
the new county, or were added by change of
connty-line.
The fifth section of the tenth article of the
constitution is incorporated as part of the
organic law of the new county. and it is
reasonable to conclude that the Legislature
intended it to have meaning equally COM
prebensivp with that given to it 10y its fram-
ers 1t will be seen when we come to examine
this section of the constitution more al length,
that it is much broader and more c0mpre-
hensve in meaning than il is necessary il
should he TO embrace the voters of the
Grundy- fraction. The analogies of the law
furnish many cases illustrative of the princi-
pie here, if there were no special reasons for
the construction we are insisting OD. Tn"
Legislature Incorporates a town, lining lis
boundaries and its corporate privileges and
powers. subsequent Legislature enla ges it-
limits. and nothing is said about extending
the organic law and ordinances of the cor
porati6n 10 the newly added t, rritory, will il
he denied but that This law and these ord-
nances attach to and spread cover this terri
tory. Suppose the United States shonld
purchase tn" i,land of Cuba. and her inhabi-
tants form for tn mselves State G institution,
and apply tor and he admitted into the Union
as a State. would not the blessings of the
Federal Constitution and our free institu ions
over the new State? So. Just as soon as tn
Grundy fraction was added to the new coun-
~ whether by change of county lines or
otherwise. the provisions of the second sec
ton immediat ly fastened themselves upon il
as did all the other provisions of the act, and
fixed where its qualified voters should cast
their votes until the next apportiOnio tmrnt.
1t has been said that section 80 of tho
Code attaching the county OF S qmatchie tie
the Eighth Senatorial District. in. ard of il
sell, carried the votes of the Grpndy traction
to that d~iriei; but tbi~ utterly
tenable that il has ben abandoned and need
not be- further noticed. Ii may, howevsr, be
contendcd that this section of the Code does
indirectly repeal the fifth section of the APP
portiOnment act. and the last clause of
second section of the aci creating the new
county Of Sequatchie. No such purpose
could have ben intended by the Legislature
when this section of the Code was adopt, d, as
a brief statement of facts will fully and
clearly show. 1t will be remembered that
the net creating the county of Sequa' chic was
passed on the 9Th day OF December. 1857. aud
the act adding the fraction fl, m GruDdy was
passed Oh the Alb day Of March, 1858. The
part ol the Code bringing forward the vari-
ouS provisions of the apportionment act Of
1872. was adopted after the CREATION Of the
new county, and before the addition of the
Grundy fraction. 1t was not improper to
include the new county in the Eighth Sena-
tnrial District AT The time that part of the
Cud- was prepared aud adopted, Tor then II
consisted of territory taken from Hamilton
county alone. But exact acc uracy IN this
part Of the Code could not have been in
tended, and was not, most certainly attained.
By the provisions of the Code. the new
county OF Cumberland, made up of fractions
taken from counties in the :, cond. third and
fourth Congressional districts. is attached to
the third Congressional district, the new
county of Putnam. taken from old counfi,s
belonging to the 81 coBd aud fourth CongTes-
sioual districts. is attached TO both of raid
districts by name without explanation, and
the new county of Union is M Toned in the
Congressional district, but not in the Sena-
tOrial. In view of these facts il will require
more than appears in the &, de- TO work a
repeal of the fifth section and the last claus,
OF the SECOND = ciinn OF the acts referred to-.
1t is no part of our purpose la referring to
these inaccuracies in the Code TO feet on
the worthy and learned genleme who were
mainly concerned in its preparation; IL Is
matter of wonder in the opinion of the
undersigned that looking to the magnitude
Of the work aud the timc consumed in pre-
pairing it, so few errors ar found in 1t. but
were il conc ded that therr was an irrecon-
cilable conflict between the provisions of
the Code and of the appOrtionmcnt act, TO
that extent the Code would be a nuility as
will be seen in the farther discussion OF this
case.
The majority have not, doubtless for some
good reason. discuss, d either one OF the
points the und, r>igned have urged above. al
though they were TO some extent debated in
the. delb, ralions Of the Con- mittee, but have
rested their conclusion, as to where the
voters of the Grundy fraction should have
cast their votes. upon an effSrt to show that
their representative condition Was fixed aud
controlled by the power Of the Legislature
to change county lines, and not by Ihe fourth
and fifth sections oil the tenth article OF the
Constitution. Two things are assumed ia