Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-09-01
THE PATRIOT ON THE SENATORIAL CUES
TT0N

it cannot find any sufficient reason to Justify the
election of but one Senator. 1t asserts that when
Governor Jones vacancy is filed the Legislature
win have discharged its whole duty touching the
election Of United States Senators 1t trusts the next
Legislature win set no such bad example as that
which the Union and american says is generally
expected and desired" The Patriot wishes it to be
understood that it is not prompted to say what it
does concerning this matter, by partisan motives
1t only wishes justice to be done. If the Know No
things had majo-ity in the Legislature the Patriot
would raise its voice against any proposition of the
kind from them. Now all this is very Patriotic, and
we dare say the country will give our neghbors such
credit for disinterestedness as they deserve
But is it not "disingenuous" in the Patriot to
speak of our falling in" with the wishes of De-
mOcratic aspirants, in this matter? This would
seem to intimate that to crafty the aspirations of
some of our friends who desire the position Of Uni
ted States Senator-a post worthy the ambition of
any man-we have sprung a new question upon the
country and one for which it was not prepared =
This subject has been before the people for six
months. 1t has been discussed time and again.
through the press and upon the stump, and several
members elect of the Legislature have pledged them
selves to vote for particular individuals The cleo
ton OF Senator to supply the vacancy occasioned
by the expiration of Gov Jones' term of service was
regarded as a matter of course. The question of
the election of Mr. Bells successor was one If ex-
pedlency solely. We have on different occasions
editorially and through correspondents whose com
munications we endorsed at the time, signifed our
appreciation of the election of two United States
Senators We give the editors of the Patriot credit
for more intelligence and nicer observation of pass
ing events, than to suppose they did not know this
The question is one, then, upon which the people
have made up their minds-they expect-they de-
sire it. We cannot be said to have fallen in with
the wishes of any one when we express ourselves
still in favor of what we advocated long before il
was known who would be the aspirants
The theory of our government eontemplates that
the Senate should be permanent body always in
existence The Constitution provides that if vacan-
cies happen by resignation otherwise during the
recess Of the Legislature of any State the Executive
thereof may make temporary appointments until
the next meeting of the Legislature, which shall
then fill such vacancies. The object of this pro-
vision is evidently to insure full Senatorial repre-
sentaton to each State at all times But suppose an
emergency had arisen requiring the convention of
the vacancy by reason of the expiration of Gov
jones' commission occurring during the term of Of
fee Of the Legislature elected in August 1856, and
that Legislature being competent to fill said vacsn-
cy, it would have been clearly without the power of
the Governor of Tennessee to fill it by appointment
in any way except by calling an extra session of
the General Assembly, to elect his successor In
deed an extra session of the Senate ras convened
the 9th of March last, at which sz one Senators
were personal---very. State in the Union except Ten
nesses having her full representation. In as much
however, no matters came before that session of
sufficient moment TO Justify the calling of an extra
session of the Legislature, it was not done and we
are still without full representation. But lest the
Patriot should fail to in what we have here said
"any sufficient reason to justify the election A" of
Mr. Bells successor, at the ensuing session of the
Legislature, we propose to fOrtify our position by
the arguments of John s. Brien, member from Smith
during the session of 1875 in favor of electing
successor to Felix Grundy, whose time would expire
on the 4th of March 1885, Judge Brien, whose DO
Itical orthodoxy we suppose the Patriot will not
question, in speech upon the floor ofs the House of
Representatives, said:
HE believed the Legislature fully competent to
of the vacancy, and in order that he might not be
misunderstood he would read the words of the Con-
sttution Mr.. B. here read the clause Of the Con-
sttution directing that the Senate of the United
States shall be composed of two Senators from each
State, chosen by the Legislature thereof Then
continued he there is provision in this instrument
either expressed implied, that stands opposed to
bringing the election 1t says that Senators
shall be elected every six years. but it does not say
at what time the election shall take place. This is
L. IL Il
States. Mr. B. would not be understood to carry this
construction far some would have him carry it.
and say that the Legislature has the power to elect
at any time they choose, but that the present Legis-
laure has the power to 60 into the election he has
not single doubt and for the reason that IS the
In regular session before the expiration Of the term of
present tSe10t0r. He believed that the trainers of
the Constitution intended that this important branch
of our National Legislature should be always full
aud the greatest possible should be observed
by the States to make it so and that this intention
should not be defeated by any neglect of theirs.
Mr.. B. then pro-
aeded to show that if the present Legislature fails
~ ~--t successor to Mr.. Grundy, there will be an
interregnum, and during that interregnum an extra
session of Congress of deep importance the peo-
pie Of Tennessee might be convened With these
facts before u.s. said Mr. B., and being sworn to sup
port the Constitution, he would ask if the Legisla-
is bound 10 pToUde for all possible and oreseen
contingencies especially omission 10 do so qight
but 10 the UhOLe Union"
Judge Brien supported in these views by
Messrs. Barrow, Topp, Gentry, Neill S. Brown,
aud others who at that day were as they now are,
the incorporating opponents of Democracy. An
election was gone into and Ephriam H. Foster was
elected to the United States Senate, on the 10Th day
of October, 1887, to fill Judge Grundy's place. whose
term did not expire till the 4th of March 1889. If
we needed to show precedent for the course which
1t is " generally desired and intended" that the
next Legislature shall pursue might refer 10 the
reelection in 1885, at the called session of that year
o. John H. Eaton, whose term did not expire TN
fhe 4th of March 1927 Again in the following year
during the session of 1928, Judge White was re-
elected to the Senate, although his term of of ce
did not expire till March 4th 1929. Indeed tn
right to provide against the of vacancies
by electing his successor before the term of Office
of the present incumbent expires, has never be
successfully controverted. 1t has always been re-
garded as a question of expediency simply. Othe
Instances of the exercise of this fright might be
found, we doubt not, had we the time to examine
the Legislative records of the State, but these are
sufficient to show that the leaders of the Know No
nothing party as well of its immediate predeces-
sOr the old Wing party at least committed to the