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of Grainger county, nearer than the Holston River, at the point nearest said Court-house, nor shall any line thereof approach the Court-house of Jefferson county nearer than eleven miles:
Out of territory made up of fractions of Roane, Monroe and Blount counties; but no line of such new county shall approach the towns of Maryville, Kingston or Madisonville, nearer than eleven miles :
“The counties of Cheatham and Sequatchie, as now established by Legislative enactments, are hereby declared to be Counstitutional counties. Provided, That no other territory of Bledsoe county shall be taken to form a new connty, or any part thereof, or attached to any adjoining county.
The Committee further instruct me to report that, in the opinion of the Committee, the memorials from the counties of Dyer, Gibson, Haywood and Madison ; and Fayette, Hardeman and McNairy; and of Henderson, Madison, Carroll and Gibson ; and of Maury, Williamson, Rutherford, Marshall and Bedford, are reasonable, and entitled to favorable consideration by this body; these, together with the memorials from the counties of Benten, Decatur, Henderson and Carroll; and Obion, Dyer, Carroll and Weakley; and Hardeman, Madison, McNairy and Henderson ; and Weakley, Carroll and Henry; and Lincoln, Bedford and Franklin counties, and the memorial from citizens of Marion county, asking to be attached to Grundy county, have each been fully and fairly investigated by the Committee, and the Committee have instructed me to report said memorials back, and recommend them to the respectful consideration of the Convention, believing them to be entitled to such by this body.
The Committee recommend no amendment to Section 5, of said Article.
A majority of the Committee have instructed me to report that they recommend no other amendments to Section 4, of said Article, than those above specified, from which instruction a minority of the Committee have dissented. Below will be found the Majority Report of the Committee, which they recommend as a substitute for the 4th and 5th Sections of Article X, of the present Constitution.
The Committee ask to be discharged from the further consideration of the matters referred. All of which is respectfully submitted,
GEORGE E. SEAY, Feb. 9th, 1870.
MAJORITY REPORT OF THE COMMITTEE ON NEW COUNTIES AND
Section 4. New counties may be established by the Legislature to consist of not less than two hundred and fifty square miles, and which shall contain a population of four hundred and fifty qualified voters. No line of such county shall approach the Court-house of any old county, from which is may be taken, nearer than twelve miles. No part of a county shall be taken off to form a new county, or a part thereof, without the consent of a majority of the qualified voters in such.párt taken off. . And in all cases where an old county may be reduced for the purpose of forming a new one, the seat of justice in said old county shall not be removed without the concurrence of two-thirds of both branches of the Legislature, nor shall said old county be reduced to less than six hundred and twenty-five square miles : Provided, however, that the following exceptions be made to the foregoing provisions, viz: New counties may be established by the present, or any succeeding Legislature, out of the following territory, to-wit :
Out of that portion of Obion county wich lies west of low water mark of Reel Foot Lake:
Out of territory made up of fractions of Sumner, Macon and Smith counties; but no line of such county shall approach the Court-house of Sumner county, nearer than nine and a half miles, nor of Smith county, nearer than ten miles; nor shall any line thereof include any territory of Macon county lying within nine and a half miles of the Court-house of Macon county, nor shall more than twenty square miles be taken from Macon county ; nor shall the area of Sumner or Smith counties be reduced below four hundred square miles, in the formation of said new county:
Out of territory made up of fractions of Jackson and Overton counties; but no line of such county shall approach the Court-house of Jackson county, or of Overton county, nearer than ten miles:
Out of territory made up of fractions of Grainger and Jefferson counties; but no line of such county shall approach the Court-house of Grainger county, nearer than the Holston River, at the point nearest said Court-house, nor shall any line thereof approach the Court-house of Jefferson county nearer than eleven miles:
Out of territory made up of fractions of Roane, Monroe and Blount counties, but no line of such new county shall approach the towns of Maryville, Kingston or Madisonville, nearer than eleven miles.
The counties of Cheatham and Sequatchie, as now established by Legislative enactments, are hereby declared to be Constitutional counties. Provided, That no other territory of Bledsoe county shall be taken to form a new county, or any part thereof, or attached to any adjoining county.
Sec. 5. The citizens who may be included in any new county, shall vote with the county or counties from which they may have been stricken off, for members of Congress, for Governor and for members of the General Assembly, until the next apportionment of
members to the General Assembly after the establishment of such new county.
Mr. GIBBS, from the minority of the Committee on New Counties and County Lines, made the following report, which, on motion of Mr. TAYLOR, was ordered to be laid on the table, and 100 copies printed for the use of the Convention :
REPORT OF THE MINORITY OF THE COMMITTEE ON NEW COUNTIES
AND COUNTY LINES.
The undersigned, a minority of the Committee to which was referred the consideration of New Counties and County Lines, beg leave to submit the following report:
That, while agreeing to that portion of the Majority Report recommending the establishment of New, Counties with an area of 250 square miles, they cannot concur in the opinion that no old cuunty shall be reduced below an area of 625 square miles, prescribed by the Constitution of 1834.
They believe that many counties, now rapidly filling up with a thrifty and industrious population, and capable of sustaining an immense number of people, will very soon, if they do not now, demand a change in the present order.
While they believe that the framers of the Old Constitution acted for the best, and acted wisely in the then existing condition of affairs, they do not think it was intended by them, in all time to come, to inconvenience the many for the benefit of the few, but that the sparse population of the then unsettled country, was a material consideration with the wise men who framed the Old Constitution, and with the passing away of that reason, has passed away all reason why counties shall be so large.
They hold that the subdivision of counties, within reasonable limits, should depend upon the wants of the people and subserve their convenience, and that true statesmanship should secure to those who actually need it, a convenient and accessible point for the transaction of their legal, police and registration business.
They believe that the present Convention should provide against the annoyance and inconvenience which will result to a very large portion of the tax-payers of Tennessee from a forty years' continuance of the present system, and common prudence should dictate to us to provide, while we can, a remedy for the evil.
They believe that in those cases, where a whole community are deliberately willing to go to themselves, and asking no aid from the counties they leave, build for themselves Court-houses and jails, they should be allowed to do so, especially by. the old counties to which they have been tributary, and which retain the buildings erected by their joint efforts. Their willingness to undertake the cost is the best evidence of the utility of the movement.
The State will lose nothing, for where now centres of business, trade, education and religion are found in districts before remote and inacessible, property will be in enhanced in value proportionate to the increased advantages, and furnish a proportionate increase to her revenue.
No longer time will be required to transact the legal business of the section than when it was tied on to the old county, and, therefore, no added cost 'or labor to the judicial officers ; and indeed there will be added no cost to any save themselves, and this will be amply recompensed to them in the saving of time, expense, and travel incurred in attending distant courts, oft-times imperiling their lives by swimming swollen streams which they must cross under subpoena, recompensed to them by being permitted to return to their families after the daily adjournment of courts, instead of camping about the village where courts are usually held, and which seldom have acommodations for the miserable throng of litigants, jurors and witnesses, too far off to go home, and sometimes too poor to pay for good lodging if procurable.
And, besides, the labor system of the country is so changed, its lands being divided into small parcels, and every man becoming his own servant to do his work, that considerations of public convenience require that his compelled absence at court shall not be a journey of days, but shall permit him to chop wood for his shivering children, and feed his famished stock.
The day is past when a gentleman can go to court in his carriage, leaving a host of servants to wait upon his household.
These and many other considerations, which will readily present themselves to the Convention, have induced the undersigned to offer, in lieu of so much of the majority report as re-establishes the old constitutional limits of 625 square miles, and requires a limit of 12 miles from county seats, the following:
Provided, That no old county shall be reduced in forming a new county to a less territory than 450 square miles, and no section of an old county shall be taken off to form a new one, or to be transferred to another, without a majority of the voters of said section voting therefor. All of which is respectfully submitted.
C. N. GIBBS,
REPORT ON LEGISLATIVE DEPARTMENT FURTHER CONSIDERED,
The Convention resumed the consideration of the unfinished business of yesterday—the report of the Committee on the Legislative Department.
The question recurring on the amendment of Mr. THOMPSON of Maury, Mr. Jones, of Lincoln, demanded the yeas and nays on the adoption of the amendment, which were ordered, and the amendment rejected. Yeas....
...36 Those voting in the affirmative are:
Messrs. Allen, Arledge, Baxter, Blizard, Branson, Britton, Brown of Henry, etc., Byrne, Campbell, Chowning, Cypert, Deaderick, Doherty, Dromgoole, Finley, Garner, Gaut, Gibbs, Gibson, Gordon, McDougal, Meeks, Nicholson, Parker, Porter of Henry, Sample, Seay, Thompson of Davidson, Thompson of Maury, Turner and Warner-31.
Those voting in the negative are:
Messrs. Bate, Brandon, Brooks, Brown of Davidson, Coffin, Cummings, Deavenport, Dibbrell, Fentress, Fielder, Fulkerson, Gardner, Heiskell, Henderson, Hill of Warren, Hill of Gibson, House of Williamson, House of Montgomery, etc., Ívie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McNabb, Morris, Netherland, Porter of Haywood, Shepard, Shelton, Stephens, Taylor, Walters, Williamson and Wright–36.
Mr. JONES, of Lincoln, demanded the yeas and nays on the adoption of Mr. Fentress' amendment, which were ordered, and the amendment was rejected. Yeas......
..59 Those voting in the affirmative are:
Messrs. Burkett, Campbell, Fentress, Garner, Gaut, Nicholson, Thompson of Davidson, Williamson and Wright—10.
Those voting in the negative are:
Messrs. Allen, Arledge, Bate, Baxter, Blizard, Brandon, Branson, Britton, Brooks, Brown of Davidson, Brown of Henry, etc., Byrne, Chowning, Coffin, Cummings, Cypert, Deaderick, Deavenport, Dibbrell, Doherty, Dromgoole, Fielder, Finley, Fulkerson, Gardner, Gibbs, Gibson, Gordon, Heiskell, Henderson, Hill of Warren, Hilí of Gibson, House of Williamson, House of Montgomery, etc., Ivie, Jones of Lincoln, Jones of Giles, Kennedy, Key, Kirkpatrick, Kyle, McDougal, McNabb, Martin, Meeks, Morris, Netherland, Parker, Porter of Haywood, Porter of Henry, Sample, Seay, Shepard, Shelton, Stephens, Taylor, Turner, Walters and Warner 59.
Mr. PGRTER, of Haywood, offered the following amendment: After the word “educational,” in Section 28, line 3, insert the fol