Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-20

lnded in any new county shah vote with the county
r counties from which they we're stricken Eff
lease to maintain is forcef Gin this constitutional
guaranty be so easily evadedg If all this can be
eus as eontended for by the majority, thea the re-
riction is EugstOry and utterly poWerless and the
members of the Convention we're engaged at child
ems play when they should have been making
stats constitution.
Il is impossible TO attempt to sustain The position
II the majority without cunning into inextricsble
difficulties. Suppose the Legislature had provided
.haL the act attaching the Characterization. should
not take effect until the let day Of May 1859, what
would have been the conditions Of the voters Of the
Grundy fraction at the lats eisction9 Could they
have voted with Grundy County, The majority say
that ihey bad no right in Grundy, and could not
have vosed with Gruady. Could they have voted in
the county of Ssqustcne? They must have been
citizens OF Seeuatehie six months next presiding the
day OF election TO entitle them 10 vote under the
first section OF the fourth article Of the Constitution
Would the voters Of the Grusdy fraction be dis
frsuchised? lfthe Legislature can in this way dii
franchise qualified voters, the solemn guaranty Of
the Constitution, that representation shall be equal
and permanent for periods Of ten years beeomesthe
merest mockery and nonsense.
There is vague, indeGaite idea running through
tbs report Of the majority, involved in almost as
much mystery, If not ahsurdity, as the ancient
theory of transmigrstion of souls. It is supposed
that the voters Of the Grundy fraction work out
right to vote with Hamilton county in the eight
senatorial district through the right Of the voters
of the Hamilton fraction Of Sequatchie county, as
the creditor Of firm is said TO work out lien on
pariner,hp effects through the lien Of the partners
tnem elves upon the same effects for the payment
Of the firm debts When o new county is created
ard organized between apportonment acts, the
q1,lied included ia It do not lose poll
/ cal nm 20 ion with the old county or Counties
from Waich they we're slriosen off This principle
is ca " expressed in the fifth section Of the tenth
article Of thu Constitution. They form distinct
county for territorial and civil purposes, but not
Ia voting for Governor members Of the General As
semby and Congressman. This connection existed
in full force between the voters Of Hamilton County
and the voters Of the Hamilton fraction Of Ssq1at
chic QUIT at the TINA the Gruady fraction was
sod d; aad it still exists. and will eoninze to do
so until the next apporionment, for il is only By
new apporiionment that this political connection
can be dissolved. They vote together net because
they are included in au old and new county, but
because they one pOliticsl body With the same
rights under the last appor iOnment-law, which
udiy Of political rights not be dissolved by for
ming part of them into o lew county. In the
creation of new counties between the periods Of az
portonmeaf, the Legislature cannot give to its
Vyters in body, or IN detached paris, political
status; the power to do SO, having been exercised
By previous Legislature, is exhausted, We have
made undar The CousttutioD.
Whst rigRts and privileges did the voters Of the
GruGdy fraction acquire by being sd led 70 the new
county Of SequateAie? They acquired Just such
rights an privileges the act of the Legislature
creating the new county, had given to the voters of
the Hamilton fraction. They did not most certain
ly acquire the right to vote with Hamilton county
in the eight senatorial district uQless they acquired
larger rights and privileges than the Legislature had
the power to give to The voters of the Hamlion
fraction, AID one will contend for 40 absurd aud
idculous proposition. simple illustration may
perhaps be useful in this connection. Ten persons
form partnership in the wholesale dry goods busi-
ness in this citji Afterwards three members Of the
firm form partnerhip in the sale of dry gods BY
ths retail. still retaining their connection with the
first firm; the retail house takes in as equal part
ners ia he retail business three other msmbers
both firms make handsome profits, and the partners
come together to divide the gains 1t would be pre-.
posterous for The three MEMBERS taken into the re-
tail house, to set clam TO equal share in the
profits of Ihe wholesale house.. upep the grOuad that
they were partners Of tas persons who are partners
in those pro6ts bGt not preposterous than for
the voters Of the Grundy fraction TO claim the
right to vote with Ham ton county in tae eighth
senatorial district because they are connected as
citizens Of the new county of SequAtchie with the
voters Of the Hamilton fraction who are entitled to
vote with Hamilton county in that senatorial dis
trict.
Il is furthermore commended in sac report Of the
majority that tue addition of the Grundy fraction
was made under the power Of the Legislature to
change county lines that, when such changes are
made, the citizens Of the territory stricken off, vote
With the county 10 which they -tsehed and that
whether they are added 10 sn old or new county
can make no difference in principle aud should
make none in practice, The Legislature has, per-
haps, at each session since the adoption of the neg
coustitR ioa Gsd9 slight changes Of COUNTY lines.
end in some instances pratty serious ones but If Is
gross nisnoms7 10 call III: blocking out of thirty
square miles Of the territory of Grumpy and adding
1t TO the territory of Sequachie aRge Of county
line If such dismemOegments Of old counties are
not obnoxious Ia grave constitutional objections the
representative districts, which were intended to be
stable and permanent for periods Of ten years.
would be every two years at the disposal Of graft
log party ambition and sei6shness, and constitu-
tional restrictions would become as subservent to
party-ends as clay in the hands of the potter It
Is not important in this case to determine when
legislative power would begin and when it would
cad, in the alteration CT the lines between two old
ooHntles. Here 1t Is a change, If change in any
proper sense it be called, Of the line between
an old and new county, and the difference in prin-
ciple is broad and clearly de6nsd. This has 5een
fully shown ia our comments on the true construo-
ton of the fifth section of the tenth article Of the
constitution and the rights and privileges Of the
voters Q! the Gruudy fraction in the new county
Under the appordonment Law all the counties men
toned stand upon equal footing in political and
civil privileges, aud the qualified voters living IN
them occupy one common platform of political sad
CIVIL rights When tue territory and population of
oae old county are added to another they acquire
or are Impressed With, all Che political and civil
rights and privileges appertainng to the old couu-
" 10 winch they are attached. The difference may
be siaied Ia few words "a old county can confer
poltleai rights upon those VINO may be attached to
1t, for II has such rights under the apportionmeut
law, but new county cannot confer such rights
for the plain mat it has separate pOiti-
cal existence and consequently no political rights
confer.
Tue undersigned have di'cussed more elaborately
the questions OF constitutional law than they would
have done, had not the opinion of eminent LAW
yers been furnished 10 writing for the 0anmittse
conflicting with the convictions sad views above
presented. They had given these questions pretty
fair examination before the opinion was seen BY
them; they Ie-exsmiued the whole case with an
nxious desire to arrive at sound conclusion, and
their frs. convictions were but the more firmly tx
ed. In order 10 test the sounduess Of their views
they requested verbally and By letter. several gente-
meu Of emiaeut aud m arked distinction 10 the legal
profession, to give opinions in writing AMI in re-
ply they have received letters from John Marshall,
Esq, Thos. Washington, ESQ.,, Hon. Ed. H. Ewing
aud joint letter from Gov. Neil S. Brown and
Russell Houston, ESD and the letters are herewith
Aled and made a part Of this report as coFrobora-
tive of the views and conclusions Of the under.
signed. These letters display thorough investiga-
ton of the questions on the part of each geutle-
nan, aud they are well worthy careful perusal en-
the part of each Senator on this floor In addition
to this weight Of authority the proof ows that Mr.
MINIS, and the candidates for Copgress, Mr.. Brab-
son and MIR. Smith cOncurred IN the opinion and
1t was SO announced before the election that the
votes of the arundy 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 Se9uateaie and it is
worthy Of remark that they not counted in the
race for Congress or Representative for Hamilton
,ounty proper.
The undersigned, having shown in their opinion,
hat the votes of the Ggundy fraction cannot con-
or lawfully be counted for Senator in
.he eighth senatorial district, will next inquire
whether not such informalites errors have in~
ervened as would render invalid the election held
n the Hamilton fraction Of Sequatshie county. II
s admitted By the majority that the contestant,
rbbs is entitled the seat, IL the votes OF the
irundy fraction are excluded and the votes Of the
Hsmiltcn fraction cOunted; but they pretermt the
of any opinion in their report upon the
TsIidity invshdity CT the election IN the last
4med fraction 10 the event than the votes Of the
wO fractions eannot be counted together as a sep
lrats and distinct county. 1t will be apparent
lowever from the views Of the undersigned. on the
irst pcint in the case that il is proper and Necessary
or them briefly to review the facts and law bearing
ipon the point nov under consideration.
1t is no. pretended that any qualified voter, who