Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-10-23
TENNESSEE LEGISLATURE
HOUSEWARES snss1Ou.

Mr. Thompson.) he had read from the State Con
sttutiOn tohow the power Of appointment conferred
on the Governor u supply any vacancy IN the place
Of United States Senator which may occur at any
time when the Legislature is not in session. In
! answer to this, the gentleman from Maury said We
should refer the Constitution Of the United States
for authority in this and the gentleman also
alleged that there was no power on earth presented
in that instrument 70 fiji vacancies occurring by
piration Of term. Now he would beg leave 20 refer
the second paragraph of the third section of the
first article Of the Constitution Of the United State:
| where be read these words: Sand if vacancies
happen, by resignation otherwise, during the
OF the Legislature of any State the Executive
thereof may make temporary appointment until the
next meeting Of the Legislature, which shall then
fill such vacancies" The point was this; that the
Governor OF the State of Tennessee would have full
power to appoint the of MIR Bell from the
lime of the expiration of his constitutional term
the period Of the election of such officer by the
cedlng Legislature. He would remark merely, that
the decision in the case of Mr. MerriWeather was
not all applicable here; and to the claims OF
Senator Bell, and the merits and dement's Of the
Know-Ecthing party, be might say something but
| as the gentleman from Msury not in his place,
| it could be deferred.
MIR ST JOHN rose to make few remarks on the
oonslutionality of the question His view had been
endorsed by his people He thought the power to
fill such vacancy not in the Executive He
could fill vacancies occurring by death and resgna'
| ton.
Mr. WHITE, (interposing,) would like to know the
genteman's construction OF the phrase and if any
vacancy happen by resignation or otherwise"
Mr. ST JOHN. The meaning was, the case Of a
| Senator becoming a lunatic, conspos meatis
de believed if failed to elect it would be the
duty of the Executive call session Of the
/ Legislature TO the vacancy which to occur be-
fore the session. ana it was certainly best to
save that expense by electing now. He affirmed the
1 4 4ak.
| abolition detection OF the American party at the
| North. His party knew no North, no South. With
respect to what had been said in regard to Gov.
| Johnsons propositions to amend the Constitution,
&c. he affirmed that there offered from the 9th or
side of the house in this hail. resolution to this eff
feet: Resolved, That endorse the doctrines sd-
voeated and set forth by Gov. johnson in his propo
tiOns to amend the constitution, and in his white
/ basis" system And when it was moved by smember
this side Of the House to lay this resolution the
table, how did the vote stand! Thirty of the
Democratic members voted to Icy the resolution on
the table, and Is the other side voted to sustain
it. He hoped, in view Of this proceeding, gentlemen
would longer accuse Of being in favor Of alter
| ing the constitution.
he believed the adverse, Know Nothing psrtyto be
| dead; and upon the grave of the Hon. John Bell
should be inscribed, Here lies an enemy of the
South. He knew distinctions ia Democracy
Jacobs Ladder Democracy and Progressive DemOc
indicated the right OF every to Official prefer
ment. He alleged that since the constitution pro-
vided no means for filling the vacancy, it was the
part of wisdom and economy for this Legislature 10
make this election of Senator now.
MIR VAUGHN argued the constitutional question,
and read as follows from that instrument: And if
vacancies happen, by resignation or otherwise, du
ring the recess OF the Legislature of any state the
Executive thereof may make temporary appoint
ments," 90. Here express provision. 1t
positive provision to fill vacancies What was
the Ject of this provision if the trainers the Con
situtiOn OF the u 5. expected the Legislature TO fill
the vacancies by electng two years in advance? He
held the gentleman from Maury, Mr.. Thompson 10
his democratic doctrine of strict construction here
1t the object of the Constitution that the U.
Senator should reflect the will ofthe people through
the Legislature choosing him. How was 1t expected
that this legislature could reflect the popular will
two years hencel He sustained his position by the
authority of Judge Storey. He alleged that when
Hugh L. White was elected, there vas party feel
ing. All men remembered the unbounded popularity
of that man and MIR Foster in his case obeyed in
struciOns. When we Intercepted their candidates,
their answer all exordium and peroration there
nothing init. He alleged suDdI Inconsistencies
against the democratic party. He asked no grace.
HIS doctrine was, eye for an eye and tooth Tor
TOOTH He alleged also that this election was brought
because they feared the judg GIN of the people.
He admitted not the alleged death Of AmerIcanism.
Ii founded principles that could not die
Americans shall rule Americs," &C.
Mr. THOMPSON had assumed that, when vacancy
occurred by expiration of term, there no earth
ly power to appoint q successor The Senate of the
United States was judge of the election aud quail
hcaIiOn Of its members, and such was the decision
of that body. He alleged again the necessity for
this election for the that it demanded by
the interests of the slavery institution, and the
further reason, that the State misrepresent
ed 10 the Senate of the United States. There was
no weight at all in the allegation that Hugh White
was psrtiEsn. The sole question was, whether
shall have two Senators or one. Such al
ways the cry Of the opposition. But it was fair for
the gentlemen TO say that the democracy owes its
success TO its name. We ourselves have selected
both and principles and are satisfied with the
popular endorsement of both How diverse was the
course Of the opposition-caterDg to every popular
prejudice, under almost every name; but the name
aud principles Of the Democracy remain ever the
same. Could any blame The foreigner, fleeing from
the oppression of foreign misrule for being attach
ed in this country to tine name of that party most
likely to defend them from similar oppression here
Every position he had taken cenld be maintained
from the constitution, and on the ground both of
precedent and experience. If the American party
we're in The ascendant here, this resolution would
GENE now from the other side of the House. Such
was their consistency. Sam could do al the North,
but coming South he soon died of niger consump-
ton.
Mr. Nancy said this debate had degeneratsd from
the constitutional view, and the argument of eXpedi
enCy, to an unw8rranted attack on the American
party. The American party had been attacked by
the gentleman from Maury on the ground secrecy,
whilst King Caucus with closed doors had recent
y dictated the elections Of all the officers Of this
legislature even down 10 the place of Messenger to
the Senate. That gentlemen was not so fortunate
as his cOeage, MIR Pol who went freely into the
secret-order.
IL IL
entereda Know Nothing Lodge, never took the oath
of a member. l know what 1t is, but cannot. in
honor say will give the proof of what say here.
will say Ito Mr. Nancy that your party offered me
everything but seorned it. A gentlemen read to
me the whole programme of your party. took it
into consideration. and told him promptly, would
have nothing to do with it. have statement of
the fact from the gentleman himself which will
give you in the morning.
Mr. Nancy (resuming) was perfectly satisfied
with the statement, without the paper lie accepted
the gentlemans denial For himself, he was proud
of his Know Nothing Membership, and had taken
every oath and obligation to the Third Degree. He
had q know-NoIhing mandatory in his office when
he was an Editor, and he could name Democrats who
came into it freely; and were oriy diverted from
lheir profession there by the application Of the party
ash. He considered it would have been more pro-
per for the Democracy to have proceeded TO this
election when they elected "Massa Andy" As TO
following precedent democratic that. 1t was
the purpose of those his side to stand by their
colors 1t i'll became the derded democracy, pirate
to as about divisions The opposition had pioneered
the pest principles of the Democracy, whose name
covers a multitude of sins.
Mr. VAUGHN had been represented as measuring the
constitution by party feeling.
Mr. THOMPSON said, he had only made that in
ference
Mr. VAUGHN. He metioned the election of Judge
White by way of reply. The gentleman had alleged
that the American party had no leader besides Mr.
Bell Let the gentleman's party then he relieved
iron the dictatiOn of Gov johnson. He retorted ALSO
the sllusion to the love of spoils
Mr. POLK, Mr. Speaker, desire to ask question
of the gentleman from Davidson r Mr. Maney.l Did
you ever take an cath in a Know Nothing lodgel
Mr. Nancy. Yes: 1 will answer if the House
desires
Mr. POLK Did you swear you would not teIli
Mr. Nancy. No Sir.
Mr. POLK. What sort Of an oath did you swear
You say you are g KnoW-Nothing, and can tell
Stand up and face the music.
Mr. BEALE. Mr. Spresker, am obliged 10 make
point of order. understand that no member has
49,,