Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-12-15
COUNTY LINES.

ties of Monroe ami Loud3n, the Lat
ter being under Consideration.
Mr.. Speaker: 1t is manifest to me that
this bill ought to pass, the veto of the Gov
.ernor Notwithstanding. The objection offered
by the Governor has no application to the
bill under consideration, or TO the one
vetoed with it, which has just been passed
upon by this body, which are that the bills
do not provide on their face that the voice
of two-thirds Of the voting population
in the detached portions had not been
obtained in favor Of such change, which
his Excellency is pleased to say is
condition precedent to the passage of this
act.
Now, does the fourth section Of article K
Of the Constitution, referred to in the veto,
require such expression Of the voice Of two
thirds? l earnestly insist it does not. 1t
uses this language: No part Of a county
shall be taken off TO form a Relg county or a
part thereof without the consent Of two
thirds Of the qualified voters in such part
taken off. But in this connection, not one
word is said about any voice to be obtained
where line is to be changed between two
existing counties; but when the Constitu-
ton in the same section comes to speak Of
the liability Of fractions taken from old
counties 10 form new ones, or taken from one
county and added to another, for debts
previously contracted,it expressly names the
fraction taken of to form a new county, and
one taken off by change of line as in the
present cases, clearly showing that if the
trainers Ofthat section have designed the
requ rement relating to the consent Of the
voters to be obtained when the detachment
was by taking from one county and ad-
ding to another, it would have named it in
both aspects; but this it does not do. But,
suppose the Governors view was correct,
then even the objections offered do not ap-
ply here, and his veto is arbitrary and with
out authority in law. He refers to the case
in 9Th SReed and the one in 9th Hum
phreys in support Of his veto. Let us see
what are the questions there determin-
ed. In one, the question raised and
determined was that the line of the new
county approached within less than twelve
miles Of the old county seat; the other was
that the old county was reduced below its
constitutional requirements. No question
was raised in either CT these cases about
the consent Of the parties detached; so his
Excellency's law and objections don't COM
pare well and l stand here in my place to
assert to you that there is no provision III
the present constitution that requires such
thing, except in the formation Of a new
county; so the authority cited by the Gov
ernOr has been wholly misapplied, and af-
fords him no excuse for his arbitrary exer-
else Of the veto power.
Now, let us see whether or not his Excel
lenCy really sees the bugger in those two
bills that be would have you
believe he saw. Sir, bill after bill Of the
very same character has passed this General
Assembly and received the approval Of the
Governor and have been published to the
world by authority, and are to- day the law
Of the land, not one Of which showed that
this condition precedent (of late discovery
had been complied with. Sir, It viii be re-
membered by the Senate that it was but
the other day a bill came from the House
Of Representatives changing the line be-
tween the counties Of Wilson and DeKalb,
was passed, received the sanction ofthe Gov
ernor and became law and no constitu-
tional objection thought Of then. New
county after new county has been
established and all passed, and not single
one that l have any recollection Of has
the Governor says be had no evidence be-
fore him that the two bills vetoed were not
subject to this constitutional objection.
But, sir, if his EXcellency had been as kind
to apply to the friends Of these bills as he
was to 20 to their enemies, lie might have
learned from the Honorable Senators from
ROane and Monroe, that the bill under con-
sideration was free from any constitutional
objection, but it is said by the Honorable
Senator from Stewart, that tie Governor
could not have known that the bill was free
from constitutional objection without a
survey and plat hen did he have a plat
of all the detached fractions, that
has received his sanction? Not one. Had
the Governor applied to the author and friend
of the bill just defeated, instead of going
to its enemy as / know he did, he cOuld
have been furnished with the evidence that
forty-nine of the persons detached from
Wilson and attached to Dekalh, had petit
toned this General Assembly TO be detach-
ed, while but three opposed it. He could
have seen the certificate Of the Clerk Of the
County Court, showing that the area of
Wilson county is 5S35 square miles. He
could have seen that Wilson county has
voting population of 1892, and he could
have learned that the proposed line did not
approach the town of Lebanon nearer
than about % miles. He could have
learned that it was 20 or % miles
for that people to travel to Lebanon
over a rough, rocky and muddy road, while
it is bat fifteen to seventeen miles to Smith
vile, and a turnpike over half way, the bal
ance a smooth barren road yet they are
denied the poor privilege of choice by the
arbitrary veto power. thank that God
to whom am to account, that there is a
day Of retributiOn near by, when the power
will be in the hands Of that injured people;
when they will be able to hold the scale of
justice, and to mete out eyen-handed JUS
tice. Now, to return to the bill
under consideration: l have the
evidence of two honorable Senators,
given under the solemnity Of their
official oaths, shown by their votes for the
bill, that this bill is free from constitutional
objection; yet this IS not sufficient to satisfy
the Governor or restrain his arbitrary exer
else of the veto power.
shall vote for this bill with as clear a
conscience as have voted for any bill we
have passed, the veto of the Governor not
withstanding.
If the object of the OppOsers Of this bill,
or of the bill Just disposed of, which was
vetoed in the same message, is a strike al
the friends of the two unfortunate bills,
these gentlemen have wholly missed their
aim. for have no interest i'll either but to
discharge my official duty, and l take it
that the same applies to others.
l have no interest or purpose Of my own
to accomplish. l do not know that l ever
saw, or ever shall see, a single man whom
this change affects. | support the bill be-
cause it is right; because it is an act of JUS
tice due these people. l support the bill
because an American citizen, who is best
prepared TO determine what are their wants,
has the right to express their desire on thus
floor, which these people have done through
their representatives here. l support the
bill because l desire to see this body place
the seal of condemnation on This unjust eX-
ercise of the most delicate Of all executive
powers, the veto power. | hope the bill
will pass over the veto.
1t was the sense of this body to put
their seal of condemnation on the veto of
the bin lust disposed of, and it was not
defeated for want Of a majority, but be-
cause members withheld their votes. The
majority was for the bill. There were II for
it to against it, showing clearly the sense
of the Senate.
Duck River Valley RAILROAD.
The commissioners of the Duck River
Valley Railroad met at Columbia on the
Ii -, I,,,N .,