Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-18
rENNEesnE LneIsLATURa.


3iary asbmHtsd the following report
Tue Judiciary Committee have had uUder consld- i
Grafton The petition OF citizens Of Simmer, Of Ma
son. aud Ct Smith ooundes, asking for TIE es,sb- 4
shment OF o common Law and Chsncery Court at I
ertsVilie with Jurisdiction over portions OF sum
ner Smith ami Macon counties. This - gmi
lar application to The application for q separate
ooart at Ajorrist5Wn, and also at Fall BRANCH. Ia
the opinion Of q majority Of the Committee, the
establishment Of separate courts for fractions OF
separate counties, is impracucable under our Con
stitution The Constitution Of tennessee cannot
be said t. organize sac State into o1unties, civil
districts and loYas; because these municipal d.
visions were 10 existence long before aud az tbs
lime OF the making Of The Constitution. But t1e
Constitution fully recognises this divis Ga and or
ganization Of the State, and several Of its proVi
sons nave direct reference to tbs same. Article
8, section l, Of the Const tatou provides: " The
Judicial power Of this Site shall be vested In one
Supreme Court. 1 slch inferior courts a. tae Lee
eisature may, from time to time, ordain aed esab-
lish and in the judges thereof and in justices Of
the peace. The Legislature n ~ also vest such ju-
risdieion as may be deemed necessary la corPO-
ration COURTS" There is probably nothing IN this
or any other Article section in the Constitution
directly upon the subject IF the creation Of courts
aud their jurisdiction to prevent the present ap-
pication But to the very existence Of every coart
Of record is absolutely necessary clerk and q
ministerial efhceT, such as sheriff or marshal, &c
So ; and such our Constitution recognises.
Then section 13 Of article Of the Constitution
provides: judges Of the Supreme Court shah ap-
point their clerks &C.. ChaneelloIs if such courts
established, shall appoint their clerks aud
terra, SC clerks OF such inferior courts as may
be hereafter established, which shall be required
to be holden in the respective counties Of this
State, shall he elected by the qualified voters there
CT &c, &C." It is well established principle
that in the constituting constitutional law, the clear
expression OF one thing is the exclusion Of
other on the same subject
Then it is, to say the least Of it, very doubtful
if he expression Ia article g. section IL, "sueh
inferior coult," Sc, which ehsl be required TO
be holden in the respective cnuutiei,' upon fair
construction does not exclude the power Of crea'-
log courts FOR par Of counlies But be this as
il may, this section expressly provides that the
clerks Of such courts shall be elected by be quail
fled voters Of the county Then, as such courts
cannot exist without clerk, and the Cepsutu-
ton expressly requires such clerks shaA be elect
ed by the qualified voters OF toe county, in the
opinion OF msjority of tue commttee, it is i'm
practicable under the Constitution of the State of
Tennessee to organise a special curt, with juris
ii ton over Factions Of different counties. And
therefore, although these petitions are large and
respectable, and the committee would feel gratitei
be able aid Ia giving the relief asked, yet Tor
the reasons above, they Instruct me to report,
recommending the rejection Of this and all similar
applicant
Mr. STANTON submitted the following minority
report
The undersigned, Oae Of the members Of the Ju-
dietary Committee 20 VIII, IN was referred seVerai
petitions in Lehaf Of proposition to establish &
court of common Law and ch.ncery jurisdiction g;
HsFtsViile, in Sumner county, begs leave TO submit
the following reasons why he does not agree with
the majority Of said committee in their report re-
commencing the rejection Of said petitions The
majority report that the proposition ssbmi;tcd in
a. Ia tho
ton Of the State. In other words that The prayer
Of The petitioners asks for that watch is unconsu
tutonal. The town Of HartsvIIle is il Sumner
county, and the proposition Is to establish court
of law d chancery jurisdiction in that town, aad
extend that jurisdiction over certain civil districts
of Sumner county, and also over certain civil dis
tTos of the countf Of Smith adjacent to or contigu
Gus with the said town Of Hsrtsvie sad the said
civil districts Of sumner By reference . article
Of our State Constitution hGd the powers OF the
State government divided into three distinct de-
partments-the Legislative, Executive aud Judicial
These sTe tue three operative powers OF government
in this State The legislative de2arim ,utis, by
tiou of said constitution, conf led or giVen over 20
the deasFsl Assembly Of The Stats. It's but req.
sOnable to suppose that when the entire sovereignty
and rvernmenisi powers Of ate 81 e d!7d d into
cEly three departments, each Of these departments,
al least of them must necessarily be invested
with many general PoEers 10 order that so small
the great multiplicity Of powers and capacities IN
oident1lly attaching to State government, which
(unlkc the Federal Goveromsnt) is DOT limited by
mere silence Of its constitution, hut only By direct
and positive prohibition Of the came Hence tbs
narrow construction OF Inc powers Of the Lsgisla-
ture given by the maj 0rity Of The e0munttce must
fail to the ground Then the mere silence CT the Safe
Constitution as 10 whether the Legislature create
a court il any county, AID then extend the juri5-
diction of tina. court any contiguous civil ois-
tricts ofauoLher adj accent uaty, IS DO argument
against the power Of the Legislature of The State
establish such courts. We see BY reference 20 ar-
ticle Of thc said Constitution that much latitude is
given the Legislature in the estsblshmeat Of irfe-
ror cOurt', The language is this, "I4s Judicial
power Of this ate saall be vested IL one Supreme
Court; in such inferior courts as the Legislature
shall from lime to time ordaiG ami establish" &c
Thus, Will. the Constitution preseribe5 the man
ner Of organizing or establishing the Supr- me |
Court il is silent as to the mole manner, extent
CT Jurisdiction eff the inferior cour s. leaving that
entirely to TIE Legislature Of the State. But the
majo ity Of the committee say that section IL Of
article Of the constitution prec!uies the power
up1u the part Of the Legislature. to establish a !
court of the character proposed ~ the petitions,
The clause referred t. PloVdIng for the election Of
Clerks, says: Clcrk5 of such Inferior Courts as |
may be hereafter established which shall be re- |
qurej to be holden in the respective coule, Of this
State shall be elected By the qualified voters there
CT" Sc. Does that clause say that none but oae |
Iaferi0r Court shall be established in any one |
county? Certainly not. If il had sail so, We never
could lave hal Circuit, Chauoery, and County |
COURTS ell in tho same oou0ty, rs Ve nov %. 4hcn,
this Legislature make or establish many dii-
ferent courts il Sumner couuty as it may desire.
Huntsville being in Sumner county, can be provided
with court, and when holden, will be mol len in
the County Of Sumaer; aud, therefore, will not cOu
act with the clause sb1ve quoted. This Legsls-
ure can also provide that the Clerk cf said court
shall be elected By the voters of the unity Of Sum
rer, the county in which the said court would no
holden, which will aZagsly h4r4 mae with said
clause Of t5Q CONSTITUTION Then The orly QUESTION
TO whether the Legislature can extend tao juri~
iction Of that court certain civil districts Of
Smith 1oun'y. The majority will hardly contend
Eat If the Legis azure has the power to create
;haacery division judicial circuit, and extern
he jurisdiction # single lufsripF Judgs oyer ae;-
,yal counties that the same power G56!d not ex-
end the jurisdiction Of single court over certain
civil districts CT different couGtes especially when
he institution provides for the suh-divis;an Of
counties into civil districts, Rad recognise tlem as
gass Of the civil divisions Of the State or coun=
les By rfFer3Eoe to ee5.ioR Of art Gle Of the
constitution, We fad this provisions The lurslis
ion Of euoh Inferior Courts IS the Legislature may
rom time 10 time establish, shall be regulated by
aw." What may BE regulated by law? The jur:s
fiction There we see the entire cotrol of the j =
lsdlcIOn Of he Terror Courts given 10 the Legs
sture to be regulated with5ut the intsrPostion Of
ny terms Of resrieliqu whatever Then infer
hat tia Legislature can say as to #hit kiad Of leg
Station shall be entertained By such courts, what
ent Of area shqil be subject to its jurisdiction.
would be well enough, however, - except tie iuy
is9qliop Of criminal 9fsnsss q this ooqr for each
efen liant u4deF another speoisl clause of the
Constitution, is entitled to trial in his proper
ounty, or in the county in which tae ofFouse is
ommiedi and therefore defe au;s in The fractioR
f Smith, could Il ba Fisd in Hartsvllle, ii being
q Sumner o'qrty. hut they 10 not ask for criui-
al jurisdiction, and therefore, t1st question is not
resented Civil jurisdiction alone is involved, and
see no barrier TO thus instituting the court and
ius extending its Jurisdiction
This is respectfully submi,tel 10 the Senate By
ray of dissent from the report Of the majority of
be committee, S, S STASToA,
AANE Up TEgFE,sEA
Mr.. LANE from the Committee on Banks, return Z
Senate bill No. 22G, 10 reapportjon the capital s
oak Of the Bank u Tennessee, with the unani-
loUs recommendation Of the committee taat it pass
PENSION TO OLD SOLDIERS.
Mr. STANTON offered the following resolutions
Resolved By the Senate and House Of Representatives.,
hot our Senators in Congress- be and thew ara Z