Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-10-07

WEDNESDAY, OCTOBER Z, 1857.
Election of Sena,nr.

a resolution providing for convention
OF the two Houses of the Legislature, on
the 9Th inst, Tomorrow, to elect SEN
ator in the place of Gov Jones, was adopt
ed by both the Senate and the House of
Representatives yesterday. This is what
might be termed "hurryiDg up the cakes"
Gov johnson, in the opinion of hissfriends,
must be very hungry, or they would not be
in so great haste to spread the board for
him. He, no doubt, wants to eat, and will
eat; but the table must be prepared in the
proper manner. He has his own ideas
about these things, and bis admirers would
do well to ascertain what they are. Gov.
Johnson is a great stickler for the true
principles of the Constitution. He would
sooner starVe than to eat unconstitutional
Iy. In l84I, in a speech in the State Sen
ate, on the 10th of November, he declared
that the Constitution did not authorize a
Convention of the Legislature to elect
Senator; that, the election to be constitu-
tionalIy made, must be by the separate aud
distinct vote of each House, just as they
did yesterday in the adoption of the
resolution providing for the Convention.
He declared that if he should go into Con-
Vention, he mould UjOlate his oath. Enter
tanning these opinions, how could he accept
the position of Senator, if elected by Con-
vention, and then take an oath to support
the Constitution? He couldn't do it. No;
if the sham democracy wish him to rep
res ent them in the United States Senate
they must undo what they have done, and
elect him by the separate action of the two
houses.
We subjoin extracts from the speech of
Gov. Johnson, referred to above, as we
find it in the Nashville Wing, of Nov. 10,
I84I:
"He Mr. Jobnson) contended that the Legis-
lature was composed of two distinct bodies, and IL
uuired if it was Legislature, in the proper sense
of the term when in convention. In this case, be
said the Legislature loses its distinctive character
the Senate was dissip tted in the more numerous
body. He contenJed that they should always be
kept distinct. Such was the intention of the con-
sttuion, that the distinctive character of the two
houses could only be maintained when they were
kept separate-that ,Ose,s in coUsntom IL .Oas no
Legislature.
" Custom had established the mode of election
by joint ballot he said such a mode a0aS amconSti.
tutsonaL although sanctioned By precedent and
time that the custom should be abolished, and the
election conducted according to the true meaning of
the constitution. We perhaps said MIR. j. should
not have thought of this if the contest had been
close one-on this account we nov resort to first
principles, and thus ascertain the true meaning of
two houses are checks upon each other, but this
can only be in their separate and distinct character
when in convention the check is lost as the two
houses form but one body.
''In support of his opinion that the election
should be by the concurrent vote of the two houses
and not by joint ballot in convention, he referred
to the opinions of chancellor Kent, Judge Story,
the Fedefalist and the Federal Farmer all of whom
entertained similar opinions as to the construction
of the constitution. Precedent he said, was en-
titled to weight unless it conformsd to the trose
principles of the constitution Which he said OPP
posed to the practice of eleetig by joint ballot In
the view which he entertained of the constitution
Mr. j. said he sOoaed violate has oath and the prje
ciDles of the constitution if he voted 60 into the
election By joint oallot-upon this platform he
be planted himself" &c.