The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-30
TENNESSEE LEGISLATURE.
SENATE.


WEDSEsDAT, Nov 20, 1865.
Senate met at 9 q N. Prayer by Rev.
Mr.. Phillips.
Mr. Tri1nble introduced Senate bin Y
ia % Incorporate the South York Navisa.
ton Company. Passed FIRST reHding.
MI Carrigan introduced Senate bin No
10 70 repeal an set TO limit the elective fran.
chise.
WHEREAS, The ffth section Of the first
article Of the constitution of the Slate al
Tennessee sa's that elections shall be free
and equal. Therefore,
Be It enacted By the General Assembly o.
ne State Of Tennessee, That an act to limit
the elective franchise be and the same is
hereby repealed. Passed first reading.
Senator Bowen submitted the following
protest in regard to the Governor's action
on the August election returns;
PROTEST.
The undersigned protests against the vote
Of the Senate refusing 10 refer the special
message Of the Governor On the late Con
gressienal slection 10 q special committee
beeau. e,
lst. The vote Of the counties Of Smith and
Sumner, composing the Senatorial District
which be has the honor 10 represent on this
floor, is thrown out and not counted IN said
election, when he knows that very nearly
all the votes given IN the county Of Smith
are loyal. The evidence on file in the Office
Of the Secretary Of State, the undersigned
asserts, would, if examined, show this fact.
He viii not deny that there may have been
few illegal votes given in SAID county, but
he denies that this should be any reason in
law OF fact for setting aside the legal votes.
He es not believe all the votes polled in
Sumner county were illegal, though he has
no personal knowledge ss 10 this county.
This much, however, he will ssy, that the
people Of those tEo counties, whatever a
number may have been, and however q few
lawless exceptions may exist, as in every
community, are as Loyalty obedient 10 the
laws, State and National, as any section Of
this State, or Of the United States, and any
insinustion or statement to the contrsry,
come from whatever source it may, does the
people Of those counties injustice.
"a. The Franchise Law" as it is called,
under which said election was held, pro-
Yides that every white man Of proper age
and residence, sand publicly known to have
entertained unconditional Union sentiments
from the outbreak Of the rebellion 70 the
present time, shall be entitled to the privi-
lege Of the elective franchise"
In the county Of Smith at least one hun =
dred and eighty persons are under this pro-
vision Of the law. The undersigned OBJ
tanned certificates and voted, and vet in vio-
iation OF this so-ealled franchise law our
votes are set aside and are not counted.
Sd. The undersigned submits that there
is no law which authorizes or permits the
Executive to 90 behind the certificates Of
the sherifis Of the various counties To in
quire into the legality or illegality of votes
cast for members Of Congress. There is GER
tainly no such provision in the so-called
Franchise Law, and the provisions Of the
code are specific TO the contrary. The GER
tificates Of the sheriffs are conclusive upon
the Governor. The House Of Representa-
tives Of Congress is made the Judge Of the
legality or Illegally Of the election Of
its members, but however this legal aue,-
ton may be decided, the undersigned
protests sgainst his vote, and the votes
Of his immediate constituents being set
aside in violation Of the so-called Fran
chi Law and without the shadow of law
anywhere.
4th. The facts ought TO be examined in
justice 10 the Executive himself The re-
fusal to allow an investigation throws sus-
picion on the action of the State Govern
ment, aud gives color TO the charges Of its
enemies. Truth and fair dealing never lear
the light Of invest CATION They rather
seek II, knowing that error and crooked
ways love darkness.
For these reasons and meny others which
he will not detain the time Of the Senate 20
mention, the undersigned protests against
the refusal Of tie Senate to permit an fnves-
tigatiOR into a transaction which he feels
has wroRged him and his constituents, aud
sets an example Of violation Of law uader
the pretext OF executing it, which endan-
gers public freedom everywhere
Lsignedl JOHS W. BOwEE.
The protest was ordered to be spread upon
the journal, Whereupon Mr.. Senior said:
Mr.. SPEAKRR-I do not feel that in Justice
10 myself and brother Senators can permit
the protest 10 the Senator from Smith to be
spread upon the journals without calling his
attention to and asking him to correct that
portion which charges Senators with having
refused 70 investigate the Governors special
message in regard 10 the manner in which
the late elections for Congressman in this
State were held under the franchise law.
Now, Mr.. Speaker, am sure, and ] feel
confident that every Senator here viii bear
me ont in the assertion that there was no
objection made TO en- investigation, but up
on the contrary all were anxious for the
same; the only difference was as TO whether
the Investigation should be made BY spe-
eial Committee or by one Of the Standing
Committees Of the Senate, 70 Wit: The Com
mittee on the Elective Franchise TO which
majority Of Senators thought properly be
l0nged, and 70 which it Ras referred Tor in
vestigation.
Mr. Trimble introduced Senate bill No
40, Tor the benefit Of the County Bond
holders of the Nashville and Louisville
Railroad Company, and certain other rail
roads.
Be II enacted By the General ASSEMBLY Of
the State Of Tennessee, That section 1855 Of
Z N.NN Nfa.Nan snFfN l..
hereby repealed, SO far 81 it relates to the
county Of Davidson, and that hereafter any
bondholder Of the bonds Of Davidson coun-
y, issued to the Louisville and Nashville,
Tennessee and Alabama, Nashville and
Northwestern and Edgeiield and Kentucky
Railroad Companies be authorized to have
his bond or bonds converted into the stock
Of the Railroad Company 10 which i. or thew
were issued, by getting the consent Of the
quarterly County Court, and the approval
o! the Judge or Chairman Of the same. the
evidence Of which approval and consent
shall be established BY having the follow
ing words written on each bond sought 70
be converted into stock " The Quarter
~ County Court consents to the conversion
Of this bond into stock aud the Judge ap.
proves the same" The company to which
the bond 90 endorsed was issued will, upon
Is presentation, take il and cancel il, and
issue a certificate Of stock to the holder for
$4,000, or such other sum as may be agreed
upon by the court and bondholder, ana
cancel 90 much of the couuty's stock ss Will
be equal to the amount of the certificate so
issued, and transmit the bond so cancelled
to the county judge or chairman Of said
county, with the endorsement Of the
amount Of stock issued in lieu Of the said
bond.
Passed first reading.
House bill 2O9. 10 incorporate the North.
western Tennessee Mining and Petroleum
Company. Passed its third reading.
Senate bill l55, 70 amend an act incorpor-
ating the Old Fellows Female Institute Al
CorRersville, passed its third reading.
senste bill liz, 10 incorporate the Knox
vile Bridge Company, passed its third read