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


Tot less than three hundred aad Fifty square miles,
md which shall contain population of four hun-
ire snd fifty qusliied voters and BY the fifth sec
ion Of the same article it is furh her provided that
9ke citizens who may be included in any new
county shall vote with the county or counties from
which they may have been striker eff for members
Of Congress, the Governor, and for members Of the
General Assembly. until the next superintendent Of
members 10 the General Assembly sfter the estab-
lishmsnt Of such new county" 1t is admitted by 4
The majority end will not be coatr0vertet by any
one. that il the Grundyfrsctiou had been included
In the new county Of Sequatchie BY the sct creating
and establishing IT, the qualified voters OF that frac-
could not have constiahonaliy voted for Senator in
the Eighth Senatorial District. The two acts, the
one creating the new county and the other aiding
the GrundY fraction, we're passed at the game ses-
sion Of tho Legislature and are upon identicay the
same suhject-maltsr. 1t is well settled rule OF
Law as well as Of construction of statutes that the
various acts passed st the different sessions
Of the Legislature upon the same subect-mstter, or
TO use the legs phrase in Pari 8aatsra, are to be
taken and construed as one act Of the Legislative
mind AID will. The supreme court of the u Iited
States, in g recent case states the rule IN these
words: ssTt is an established rule OF Law that all
acts IN pari materia are are to be taken tegeher IS
il they were oae law" United States vs. freeman.
Towards Rep. SOS. sad The binding authority and
wisdom If she RUE thus broadly stated are we'll sus
tanned by learned writer's aud able judges. ] kents
Comm. pages 1918; Sedgwck atuIory and
Constitutional L,S pages 24i-25O. Il will be per-
ceivei that the rule ebOEe laid down embraces
s,atutes passed at different sessions of the Legasa-
ture: it needs no reasoning 10 show that ths r1le
should be more readily and gently applied 10
statutes passed ct the same session As in this case
The Sapreme Court of North Car5lins has held that
the Revised Stautes of that State, passed. at one
session of the Legislature, not parts of one
statute, and the Judge, in delivering the opinion,
cites the English rule in these words: "All laws
passed a. ons session Of Parliament were ancienty
strung together. making so many eapttalG, or chap
tsrs vf one statute Al the acts Of session of
Parliament taken together, make properly bu. Que
ststute;" State ys. Bell, lredels Rep 5U6. Give
to the rule the form and effect that il has had for
centuries in the courts and the Two acts 10 this case
ars but statute, one embodiment ofth Legsl4-
tive will. Apply this rule, are bound TO do II
We are 10 settle tais controversy according to Law,
and it is conceded by the majority that me voters
OF he Grundy freedom cJald not vote in the eight
| Senatorial District.
Bu. couple the rule of law with ths facts proven
in the ease aud with variOus expressions OF the Lee
gislaure in the eet Of the 9th December, 1851, aud
nodoubt can remain to the propriety, if not sb-
sOlts necessity, of regarding the two acts ss one
! Toe Grundy fraction inc .uded in the origin v
deaf of the ist act il Was stricken cut with the
expectation that it would be afterwards sdded II II
had not bsen added, the 6rst act would nave been
] imperative and void. The active friends Of the
new county in the GensralAssemby were in all prob
ability Cognizaut OF all this, the expressions
fractions " ''eoHzties" frequently occurring fu the
! first act. These facts show that the LEGISLATURE
was locking when it passed the first act, to the pas
sage of the act Of the 4Lh March, 1853, the COM
pletiou of thing begun-the creation OF new con-
1 s:ituonal county. Il may be said in trath, thai
the two acts but one act because each one uouo
have been imperative without the other, and 1t Is
! Nharn ar n
legislative power that the intention Of their franz
! ers can be carried into effect
! By the fifth section OF the apportionment act OF
1872 it is provided "thst the citizens Of the new
counties lad under the amendments TO the Consti-
tuition shall vote with the respective counties from
which they may be taken, for Senators and Hepre-
sentatives until the nextapportionment." And by
the last clause OF the sec nd section of thesct Gre
aing the new county of Sequatche, 1t is ALEC pro-
Vded that 'the CITIZENS thereof shal vote With the
counties from which they taken, for members oil
! the General Assembly, until the next apportion-
ment, agreeable to the provisions of the fifth seelon
! of the tenth article of the amended constitution
1t is wholly MINISTERIAL in thiseonnecion to inquire
| whether the provision Of the fifth section OF the
tenth article of the constitution, would bAve sppieo
II the Gruudy fraction in the absence nj the pro-
visions of the law just quoted Il IS suf'lent ths1
the General Assembly has Incorporated the consil-
tutional restriction IN the last spportionment law,
! and the organic law of the new county. Do these
! provisions, or either one Of them apply to the
Grundy fraction, ia the relation it sustains to the
county of Sequachie? That they apply and fix the
rights of the voters in the fraction you'd seem too
plain for debate. The section frat quoted is pro-
eetive in its operation, embracing all new ceunties
created after the date Of that act, and before the
next spportionment; the other clause quoted is
limited IN its operation to the new county then
created It may be said that the clause in the act,
creating the new county is limited in its meaning 10
the citizens of the territory out OF which II was
formed but it would be ridiculously absurd TO at
tempt to confne the ifh section Of the aPPOrtionT
ment act IN any such way. Such eonslrue-
ton would not only defeat the intention of
the Legislature, but would make the provision
seneeless and unmeSning. Were the voters Of the
Grundy fraction at the late election citizens Of the
county created since the date OF the last apportiony
meuti If they we're citizens ef SUCH county,
they must vote with the county from which they
we're taken. 1t is wholly outside of the Language
and spirit of the section to inquire whether they
we're made citizens by being included in the orr,
giual formation Of the new county, or were added
by change of county-liue. The fifth section Of the
tenth article of the constitution is incorporated az
part of the original law Of the new county, and
it is reasonable to conclude that the Legislature H.
tended it to have a mssning equally comprehensive
with that given TO it by its framsrs. Il will be seen
when we come to examine this section OF the con-
stitution more al length, that it is much broader
AMI ore oompreb snsive in H4esnIhg than ~ IS
necessary it should be to embrace che voters Of
The Grundy-fraction. The snslogies Of the Law
furnish many illustrative of the principle ap
pIicable here if there were no special reasons for
the construction we are INSISTING on. The Legs
lature Incorporates town, defining its boundaries
and ils corporate privileges and powers; subse-
quent Legislature enlsrgeg its limits and nothing
is said about extending the original law AID ordin
ances of the corporation 10 the newly added terrific
~, will it be denied but that this law and these
ordinances attach TO AMI spread this territory
Suppose the Vnied States should purchase the isl
and of Cuba aud her inhabitants form for themselves
Stlte constitution, and apply for and be admitted
into the Union as ate would not the blessings of
The Federal Consultation and free institu ions
cover the new staei so, just IS sosn as the qrpa-
dy-frscIion vas added TO the Dey eoufty, whether
by change of county lines or Otherwise, the pre-
visions Of the second section immediately fastened
themselves upon it as did all the other provisions
of the sct and Eed where its qualified voters should
cast their votes until the next appointment.
1t has been said that section SO of the Code at
tsehing the county of Sequatchis to the Eighth Ssna
toria district, n and of ITSELF carried The votes of
the Grundy=fraction to that dstrct but this was so
utterly untenable that 1t has been abandoned and
need not be further noticed 1t may, however, be
commended that this sectnn OF the Code does Indirect
ly repeal the fifth section of the spportionment act,
and the last clause of the second section Of the act
creating The new county of Sequatchie. No such
purpose could have been intended by the Legisa-
Iure when this section of the Code was adopted,
brief statement offscts will fully and clearly show
1t will be remembered that the act creating the county
of Sequstchs was passed the 9th day of December
1857, and the act adding the fraction from Gruudy
was passed on the Attn day Of March, 1858 The
part of the Code bringing forward the various pro-
visions of the apportionment act of 1872, was
adopted after the creation OF the new county, and
upoa the addition Of the Grundy fraction. II
was not improper to include the nsw county in the
Eighth Senatorial district at the time that part of
the Code was prepared and adopted, for then it
sisted of territory taken from Hamilton cornty
alone But exact accuracy in this part of the Code
could not have been intended, and was not, most
certainly, attained. BY tie provisions of the Code,
the new county OF Cumberland made up of fractions
taken from counties in the second third, and fourth
Congressional districts, is attached TO the third
Congressional districts the new county of Putnam,
taken from old counties belonging to the second
and fourth Congressional districts is attached to
both of said districts by without explanation
and the new county Of Union is mentioned in the
Congressional districts, but not in the Senatorial
In view Of these facts it will require more than sp-
pearD in The Code to work a repeal Of the 9Th
seetiou and the last clause of the SECOND sec.
ton Of the act referred to. 1t is no part of cur
purpose in referring TO these inaccuracies In the
Code to reflect the worthy and learned gentlemen
who were mainly concerned in its preparation; it
is matter of wonder in the opinion of the under
signed, that, looking to the magnitude Of the work