Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-10-24

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work out lien on partnership effects
through the lien of the partners themselves
upon the same effects for the payment of the
firm debts. When new county is created
and organized between apportionment acts,
the qualified voters included in it do not
lose their political connection with the old
county or counties from which they were.
stricken of. This principle is clearly ex-
pressed in the fifth section of the tenth article
of the Constitution. They form a distinct
county for territorial and civil purposes, but
| not in voting for Governor, members of the
Geaeral Assembly, and Congressman. This
connection existed in full force between the
voters of Hamilton county and the voters of
the Hamilton fraction of Sequatchie county,
at the time the Grundy fraction was added;
| and it still exists, and will continue to do so
until the next apportionment, for it is only
by new apportiOnment that this political
| connection can be dissolved. They vote to-
| gether not because they are included in an
old and new county, but because they are
| one political body with the same rights under
| the last appOrtiODment law. which unity of
| political rights cannot be dissolved by form
| ing a part of them into a new county. In
| the creation of new counties, between the
periods of apporionmeut, the Legislature
| cannot give to its voters in a body, or in
detached parts, political status; the power
| to do so having been exercised by previous
| Legislature. is exhausted, az we have before
shown, until new apportionment is to be
made under the Constitution.
What rights and privileges did the voters
of the Grundy-fraction acquire by being adj
ded in the new county of Sequatchie? They
acquired just such rights and privileges as
the act OF the Legislature, creating the new
county, had given to the voters of The Hamil-
ton fraction. They did not most certainly
acquire the right to vote with Hamilton
county in the sih senatorial district, unless
they acquired larger rights and privileges
than the Legislature had the power to give
TO the voters of the Hamill on fraction, and
no one will contend for so absurd and ridicu-
Gus proposition. A simple illustration may
perhaps be useful in this connection. Ten
persons form partnership in the Who'll sale
dry goods business in this city; afterwards
three members of the firm form partnership
in the sale of dry goods by the retail, still re-
tanning their connection with the first firm:
the retail house takes in, as equal partners
in the retail business three other members.
both firms make handsome profits, and the
partners come together to divide the gains.
1t would be preposterous for the three men,
bers. taken into the retail house, to set up
claim to AN equal share in the profits OF the
wholesale house, upon the ground that they
were partners OF the persons who are partners
in those profits; but not more preposterous
than for the voters of the Grund y-fraction to
claim the right to vote with Hamilton in the
Sth senatorial district because they are con-
nected as citizens OF the new county of Sc
quatchie with the voters of the Hamilton
fraction, who are entitled to vote with Hamil-
ton county in that Senatorial district.
1t is Furthermore contendCd in the report
of the majority that the addition OF the
Grundy Traction was made under the power
OF the Legislature to change county lines;
that, when such changes are made, the citi-
Zens of the territory stricken of, vote with
the county TO which they are attached. and
that whether they are added to an old or new
county can make no difference in principle
and should make none in practice. The Leg
lslature has. perhaps, at each session since
the adoption of the new constitution, made
slight changes of county lines. and IN some
Instances pretty serious ones, but II Is a gross
mlsnomer to call the blocking out OF thirty
square miles Of the territory of Grundy, aud
adding it to the territory of Sequatchie, a
change OF county lines: If such dismemher-
ments OF old counties are not obnoxious to
grave constitutional objections. the represen-
tative districts, which were intended to be
stable and permanent tor periods OF ten
years, would be every two years at the dis
posal of grasping party ambition and selfish
ness, and constitutional restrictions would
become as subservient TO party-ends as clay
tant in this Case to determine where legIsla-
tive power would begin aud where it would
end, in sthe alteration OF the lines between
two old counties
Here it is a change. if change in any proper
sense it can be called, of the line between an
old and new county, and the difference In
principle is broad and clearly defined. This
has been fully shown in our comments on the
true construction of the fifth section OF the
i.la af fba md an
rights and privileges of the voters of the
Grundy fraction in the new county. Under
the apportionment law all the counties men,
toned stand upon an equal footing in polti-
cal and civil privileges, and the qualified
voters living in them occupy one common
platform of political and civil rights. When
The territory and population of one old county
are added to another they acquire or are i'm
pressed with. all the political and civil rights
aud privileges appertaining to The old county
to which they are attached. The difference
may be stated in few words an old county
can confer political rights upon those who
may be attached to it. for it has such rights
under the superintendent law, but new
county cannot confer such rights for the
plain reason that it has no separate political
rights to confer.
The undersigned have discussed more
deliberately the questions of constitutional
law than they would have done, had not the
opinion of two eminent lawyers been furnish
ed in writing for the committee, conflicting
with the convictions and views above present
ed. They had given these questions pretty
fair examination before the opinion was sen
by them they re-eXamined the whole case
| with an anxious desire to arrive at a sound
conclu sion, aud their first convictions were
but the more firmly fixed. In order to test
the soundness of their views, they requested
verbally and by letter. several gentlemen OF
eminent aud marked distinction in the legal
profession. to give opinions in writing. and
in reply they have r,c'.ived letters from John
Marshall. Esq, ThOs. Washington, Esq, Hon.
Ed. ii. Ewing and joint letter from Gov.
Neil S. Brown and Russell Houston, Esd
and the letters are herewith filed and made
part of this report, as corrobOratye of the
views and conclusions of the undersigned
These letters display thorough invcstiga ion
of the questions on the part of each gentle
man, and they are well worthy careful pc
rusal on the part of each Senator on this
floor. In addition TO this weight Of authority,
the proof shows that Mr.. Minis, and the can
didates for Congress, Mr.. Brabson and Mr.
Smith cOncurred in the opinion, that il was so
announced before the election that the votes
of the Grundy fraction could not be counted
in the contest for Congress and members OF
the General Assembly with the county of
Hamilton or with the Hamilton fraction of
Sequatchie. and it is worthy of remark that
they were not counted in the race for Con-
gress or Representative for Hamilton county
proper.
2d. The undersigned, having shown in
their opinion. that the votes OF the Grundy
fraction cannot constitutionally or lawfully
be counted for Senator in the eighth sena-
torial district, will next inquire whether or
not such information or errors have inter
vened a. would render invalid the election
held in the Hamilton fraction of Seqnatcbie
county! 1t is admitted by the majority that
the contestant, Tibbs, is entitled TO the seat,
il the votes of the Grundy fraction are
excluded and the votes Of the Hamiton
fraction counted; but they pretermit the ex
preston OF any opinion in their report upon
II Al. L.. Z.