Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-11-05

trict brought that part of said county of
Grnndy, which is now the field of battle, in
TO the said county of Sequatchie. The ques-
ton is now as 10 whether at the time of the
recent election the county of s. quatchie was
a new couuty-and whether tbis fraction
thus taken from Grundy was a part of that
new county. OF course il was and is still
new county, and viii be such until the next
superintendent. Now the majority report of
the committee proceeds upon the idea that
Sequaichie, with respect to the addition OF
the Grundy fraction, was an old county, and
therefore that the clause of the Constitution
which we rely upon does not apply. Now
was ever such an absurdity entertained That
Sequaicbie county which had been incorpo-
rated in December should have grown old by
the month of March following What is a
new county In The meaning of the Consiitu-
tion Most obviously such counties as may
have been formed or established bet~ cen the
decential apporiiCnments, and is new until
it reaches the succeeding apportionment, after
its establishment. Theret could be but one
other definition given TO the term new county
that would bear the least plausibilty upon
its face. II might be that the trainers OF the
present Constitution. who were simply re-
yisors OF the old Constitution intended this
distinction: that all counties form, d from
that time forward be regarded as new in
cOntradistinction 10 those already existing
at that time. Well either construction.
would be in perfect harmOny with the posi-
ton we take. Mere alterations OF the lines
OF county cannot make it an old county,
bnt it must at least pass one apportionment,
before il can be ranked with old counties.
Now to tile consideration OF another ques-
ton somewhat consecutively related to the
one last mentioned. We're the citizens OF
that part of Sequatchie which VAS taken
from Grundy at the time OF the election, en-
bi accd or lin the language Of the COnstiIu-
tionl included in the new county OF Sequat-
chic? Simply that which is within lis lines,
and il brought within those limits by
change OF such lines charging The county so
TO embrace them would they not be incLnd-
ed in the county much as II embraced
within the boundaries first designated in the
formation or establishment of the county :?
Then being satisfied that those citizens whose
votes turn the results of this election were
included in the county OF Sequatcllie, and
that Sequatchle was new county, we Will
turn to tue Constitution and see where they
should have voted. Til, 9Th section of article
X. of the Constitution says:
a. The citizens who may be included in any new
county shall vote with the county counties from
which they may have been stricken of; for members
of Coug ress, for Governor. ana for members the
General Assembly until the appOruonmeLt OF
members OF the General Assembly, after the esta6-
llshnent of such ne" county"
Now notice the section just read. Let us
aualy re it. The citizens who may be included
in any new county (not III those parts strick-
en- of in the first formation as some would
have it) without any exception as To whether
they be included in the first lines established
or those afterwards eStablieh,d 10y change,
shall vote with the county or counties from
which they may have been stricken oil, DC.
What is meant here by the phrase stricken
Of?" 1t does not say stricken OH IN HE
first establishment of the county; but liz
broad and general and certainly would en-
brace that which might be stricken off 10y
change of county lines. 1t says that they
shall thus vote until the next appointment,
&C., which clearly shows what they meant by
a county.
Being required to vote thus till the next
appOrtionmenI, shows that in the cOntempla-
ton of The trainers of the Constitution, no
apportionment was considered having
passed since the formation of a county de-
nominated new, and that IL Is new until the
next apportiOnmcht What Offices are they
limited TO in such voting by the Conslitu-
ton? Why, that of members TO the General
Assembly. members 10 Congress, and Cover
nor, aud there il stops. These are the Offices
which affected by the apportiOunents,
except the office of Governor, 1t coming be-
fore the people on tue same day of the cleo
ton OF members TO Congress, and to the
d
vote i'll those elections on that day might
vote also in Gubernatorial elections, it " as
very Justly put in with those offices. For all
other elections they are allowed TO vote with
the new county, showing that this reserva-
ton of sovereignty TO the old counties from
which the fractions might be taken, was en-
tirely with respect to those Offices mentioned,
in order that such citizens might not, by The
formation of new counties, between appor-
-. 4. E. 1 IL L. g
suffrage in those elections. How wise it was
in the trainers of our Constitution to guard a
right 70 sacred to the people. But for that
proviso, citizens who. for many years, had
vOt with their mother counties for those
Legislative Offices. by beng cut off to a new
county having no status in the apportion'
ment, might have been diSfranchiSed OF q
right OF higher political Importance, thar per-
haps any other known to a republican gov
crnment. In a word, the whole spirit and
intent of the trainers of the Constitutions was,
that while the corporate relations of the
fractions should be separated from their
mother county or counties. their political re-
preventative relations should be preserved
until The appointment following, when
they might be provided for and. as county
be merged into the apportonment, and pru-
vided TOR either by awarding hem Il member
proper "a hOt' rial representation, or if
neither OF those, then provide for them &C
cording to section 6 of I'd Article, which says:
In apportoning the Senators among the
different counties, the fraction that may be
lost by any comfy or counties in the appor-
tionment Of members TO the Honse OF Repre-
sentativer. shall be made up to such count
or counties in The Senate as near a. practica-
BILE" The majority of the Committee con-
cede that fractions taken in the first formation
of n new county must vote back with the
county from which they were taken, accord
ing 10 the section of the Constitution under
consideration; but insist that that section
never was intended to embrace fractions
taken off by change of county lines, and
that such fractions were no part of the sub
ct matter upon which the trainers acted
Well if such cases were not provided for In
that section. where else in the Constitution
were they provided Tor? viii any member
OF that Committee or any other Senator, show
me any other section providing for such
cases? And would you suppose that such
ases were not intended to be provided for at
u. Might not those trainers or revisors have
onked for or contemplated as many cases oil
Iange OF county lines as of the formation OF
ew counties! And do you suppose they
ould have made provision for the one aud
f. out the other? Then il they intended
lch cases to be embraced, where are they
rovidcd for, but in the 9Th section of Al ticle
4! But you say tnat precedentsl IN reference
change of county lines establish the prac-
of the Legislaturp--as well as the con-
ruction of the Constitution upon the sab
CT. That heretofore changes of lines be-
,ecn counties, have been made and that the
actions thus transferred have voted with the
,unies to which they were annexed. and
e committee excmplities the practice by re-
renee To the case of the change between
Office aud Rutherford counties, where the
al. (s.ala PM f..rG
ueld properly to vote with Rutherford
oes the committee suppose that they could
.Pos. each iitvsiSSi Itaro"i"gr upou rhIs
mate! The rule as we'll as the principle is
cry different in change between lie Iwo old
buniies, and between two new, OF between
ven an old and a new county.
II a fraction of one old county is taken of
r.. # lines ar ,fltat-xx aud add.-d