The Daily Nashville true Whig. [volume] (Nashville, Tenn.) 1851-1855, 1855-10-27
HOUSE OF REPRESENTATIVES.

joining the House in Convention, tor the purpose
of electng Treasurer Comptroller and Secretary
of State.
HOUSE OF REPRESENTATIVES.
FRIDAY, Oct %.
Mr. Hatton moved tn make the bill to amend the
charter of the Nashville and Northwestern Railroad
Company the special order for Monday next, at IL
O'Clock, A. ~, which motion prevailed.
Mr. Cowden: A bill to authorize J A. Rhodes, of
Giles county, to has aud pedde dry goods without
license; passed first reading.
Mr. Huntington moved To take up the bill for the
benefit of the Tennessee, Western and Charleston
Railroad Company. The bill was taken up and
passed on second reading.
Mr. Ball. bill for the benefit Of Sheriffs; passed
first reading
Mr. Holmes: A bill to authorize the establish
ment of the Memphis Water Works Company;
passed first reading and referred to Committee on
Corporations
Mr. Myatt: A bill to amend the common school
acts; passed first reading
Mr. Cloud: bill to make certain cases felony
declares changing water course from its tural
channel in certain felony; passed first read
ing
The House then took recess of fifteen minutes,
preparatory to meeting the Senate in Convention to
elect State officers.
IL CorlOention Me- Whitthorne made an appeal
which he acted, Mr. Mabry,l was sick and confined
TO his bed and he did not believe the voice of the
people of Tennessee would be fairly represented
without his vote; and be, therefore, moved that the
convention take recess OF twenty minutes that il
might be ascertaned whether Mr.. Mahry could be
brought to the House, and the motion prevailed.
The twenty minutes having expired, the conven.
ton resumed its session.
Mr. Carter offered the following resolution:
'ReSolUed, That the President Of this convention
appoint "a committee of three, whose duty il shall
to wait upon the member who is absent from
sickness, 1.-THE Representative from Warren. Mr..
Msbry,) and receive his vote in the election for
Treasurer Comptroller and Secretary of State, and
which when received, shall be counted in the bal
lettings for said officers"
The President Of the convention, (Ar Speaker
Cheatham of the Senate,) read the requirement Of
the constitution, that members shall Viva voce,
and ruled the resolution out of order.
Mr. Carter appealed from the decision of the
President.
r. Holmes called for the previous question, and
the call sustained-ayss 40, noes Al.
Mr. Atkins moved to adjourn TO % o'rloCk-lost.
Mr.. Newman owed TO al Oun To o'cock-lost
ayes 40, noes SO.
While the President stating the que ton be
fore the convtOn, Mr. Bnllew moved to adj lurn to
= O'Clock, and Mr. Cowden moved to adjourn to p
o'clock, both of which motions the President ruled
out of order
Mr. Atkins objected to the ruling of the Presi
dent, aud read from the rules OF the House OF Rep
rvseutatives To show that "a motion to adjourn Is
always in order"
Mr. Hatton said: Can there be any doubt Sir, AS
to the proper construction OF that clause 18th section
OF article A. OF our Constitution, which declares
that "ln all elections 10 be made by the General
Assembly, the members thereof shall vote vira
"oceF" With all proper difference to the opinions
OF other gentlemen upon the floor Of that cOnven.
ton, he certainly thought not " 18th II view at get
ting expression Of the opinion of the
ton upon the question, he was anxious for II vote
upon the ruling Oi the President That his deci-
sion Was correct, he was confident aud he could
but believe that the convention would so deCiie
What was the question:? IL was, when prop. ry
understood, narrowed down TO the single construc
ton ct the two words" UiUd yOce "-fUrming part
of last clause of the fourth article Of State
Constitution. What do the words mean, sir? Do
they mean hat a memo, of the General Assembly
in election held by that body, vote 10y letter.
by note, addressed to its presiding officer or mem
bers? Does it authorize this body TO receive IA
message Tor al absent member, expressing his pref
erence tor a certain indiviiuIl, tor given officer
aud have his vote, thus presented recorded?
What Is the literal the legal the common scHSe
meaning OF the words ''ViUd uoce? p By wUId Of
mOHh" To vOte'UiUd UOcs, Is 10 UO'e Hen, BIZ cord
of mouth I; The EOter ,pr1kIng out 10 those holding
the eection-tO those recording the votes the ma e
of the person OF his choice. IL seems 10 me- sir,
(said Mr. H.. that there can, then, be no installing
what is the proper construction Of the clause Of the
Constitution referred /. The place of holding the
election i this Hall. The member from Warren is
hot here to vOte-to Express his cloice, vird Uoce
As IL required by the law of the State. Can he
then vote at all 4?
Dir President, said Mr. H., we have al taken
solemn pledge to support tue Constitution At that
desk | took upon ME that hiE aud sacred vow
Should we not all be careful how act in view of
such an obligation If then, Sir, there is any donot
in the MUD of a member upon this floor, as To this
question, how should he scty Should he not 20
act, in the premises, to run no risk OF infringing
upon the Constitution?
Sir, said Mr. Hatton, if there were no Constitu
tondl difficulties in the way Of the resolution of
the Senator from Franklin, still be would be found
to oppose it, II adopted, it would set IA dan
gerous aud troublesome precedent. II it was right
to send for and receive the vote of the IuemDer
from Warren on that occasion, t would be quite
proper tor either House of the General Assembly
upon a vote being bad, upon any question pending
before them TO send out To the hotels Of the city,
and boarding houses Of mem0ers, and get their
votes. The results of such practice, he would
detsin the conversion in describing. Every MEM
b,r who would reflect u moment will al once see
extremely dangerous
lie had been disposed TO take no advantage Of
those differing in politics from himself At his sug
gestiOn the member from injury and Williamson,
had ty6red the resolution introduced by the Sena-
tor from Naury, to take a recess, in order to give
time tO~he other side 10 get in the member from
Warren. IL was now ascertsined that that member
could not come to the Capitol The courtesy de.
sired by the other side had been extended. He
had cheeriully voted for it, lie could not, howev.
ever, vote Tor what he conceived TO be infringe
ment Of not merely the spirit, but very letter Of the
Constitution.
The question then required sustaining. the
decision OF the President that Mr. Carter resolu
ton was out of order, aud from which decision Mr.
Carter had appealed; and upon the ayes aud noes
being called tie decision of the President vas sus-
tanned, ayes 81. noes Al
Mr.. Huntington moved that the convention al.
j'nrn 10 20 O'Clock, which motion prevailed, ayes
40. toes A and the convention adjourned accord