Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-19

I
Of the Constitution and by the silence o
the law.
Article H. Section IL Of the State Con.
stitution provides that "two-thirds of eacl
/ House shall constitute quorum 10 do bust
ness, but a smaller number may adjourn
! from day 10 day, but may be authorized by
/ law to compel the attendance Of absent
| members"
This question turns upon the words "by
| law" in this paragraph. Does that NEAR
| that the whole matter is given up to any
body of men who may assemble proposing
10 organize Legislature? Such a thought
/ il not to be entertained for a moment, the
Courts could not pat this construction upon
| language at all doubtful. Such a body Of
men by the Constitution have power 10 dc
only one thing and that is 10 adjourn from
| day TO day, this was a necessity, and there.
fore given, but 10 confer upon men whose
credentials have not been examined, and
who are not organized or known as a Legis-
lature, any other power, certainly could not
bedone by loose language. The languageof our
State Constitution is quite different from the
language Of the Federal Constitution upon
the same subject. The latter provides that
a majority of each House shall constitute a
quorum 10 do business, but a smaller num-
Der may adjourn from day to day, and may
be authorized to compel the attendance OF
absent members in such manner, and under
such penalties as each House may provide.
This provision of the Federal Constitu-
ton differs from our State Constitution in
this That in the former it isprovided that
each House" in such manner and under
such penalties as it may provide, can author
1val fluu 10,
tendance Of members.
Here the House authorizes less than a
quorum to do it, but in the State Constitu-
ton it is provided that il may be author
lied by law. How is this 10 be done ?
What is a law? Law here means a rule of
civil conduct prescribed by the supreme
power in a State, commanding what is right
and prohibiting what is wrong ] BLACK
STONE A. None Of the criticisms upon
this definition of BLACKSTONE affect it so far
as this question is concerned. Some criti-
cisms have been made about the latter part
Of the definition, and our own Supreme
CcIrts have substituted FOR supreme power
in State" the words, law making power
of a State" 3 HUMPH., BUDD rs. the State,
400.
Now what is the supreme power in a
DtdbC W Hat ~ AllG INV lildklliE power 7
In England it is the British Parliament,
in Tennessee it is the Legislature
How are laws made in Tennessee? Arti-
Gle ii, Sec IS, provides that mo bill shall
become law, until it shall be read and
passed on three different days, in each
House, and be signed by the respective
Speakers"
The Constitution clearly contemplated,
4 - ~ L. l.
be passed, authorizing less than quorum TO
compel the attendance Of absent members /;
in other words, the whole question is left
with the Legislature-the law-malIing pow
er-to determine whether such extraordina-
~ powers may be exercised by less than a
quorum, and il 80, how they shall be exer-
cised. The right to compel the attendance
of absent members is not conferred on less
than a quorum, but the power is given the
Legislature 10 confer it, which has not been
done.
IL the Legislature were 10 confer such
power, Of course it would limit it, and it
would fix some bound TO the words wess
than a quorum" and require some evidence
that the body Of men were part of the Leg
islature. And of course it would be simply
to compel the attendance, not 70 imprison
indefinitely. The greatest outrage and the
most fragrant violation of law connected with
this thing, lies in the fact that the member
is not only led to the bar of the House, as is
usual with bodies who have the power to
compel the attendance, but he is kept in Gus
tody-kept in prison-treated as a felOn.
No one with the Constitution before him
and with the least knowledge of the jealousy
with which the liberty of the citizen is pro-
tected by the organic law, could believe for
a moment that il was ever intended that less
than a quorum might catch rs they could
members and imprison them and keep them
in prison so as 10 compel them to help make
laws.
The thoughts shocking, and have never
heard Of the thing being undertaken but
once before At an early day in Missouri,
a Judge went TO a remote county 10 hold
court After he had been at the courthouse
for some time waiting for the sheriff to get
ready, and becoming impatient he called
up the sheriff, and asked him, peremptorily,
il he was not ready with the jury. "Well,"
said the sheriff, 81 soon will be. l have
nine of them out here tied with hickory
withes, and ! have four negroes and six dogs
after the other three"
II il were necessary, I should insist that
the Governor has no power, at present, 10
convene the Legisature-that it meets upon
its own adjournment Il has adjourned, as
il had a right to do, both houses concurring,
for longer time than three days; but it has
fixed the day. It became its own Judge Of
the time, and acted, and il is not within the
power Of the Governor TO undo what it has
done.
But the other question being conclusive, it
is not necessary 10 press this one.
Mr. HARRISON makes his whole argument
upon the general powers of a legislative as
sembly to punish for contempt and has read
authorities 70 prove this. This is not con-
troverted, but less than quorum is not a
legislative assembly and has no power to
punish for contempt IL may adjourn from
day to day, and may be authorized by law
20 compel the attendance Of members
Il has not been authorized by law even
10 compel the attendance of members, and If
il had that would not authorize the punish
ment for contempt by imprisonment.
Under the authority given in the Consti-
tution, II the resolution for arresting and
holding particular members by name had
been passed by the House "a quoruml or
even by both Houses and signed by the
Speakers and been in the shape Of a law, it
would have been void because 1t would be
partial legislation. The Legislature, under
this provision Of the Constitution, might
pass law authorizing the arrest Of all menu
bers who failed TO attend, but not for the ar
rest Of a, b and C.
The Legislature has no power to pass a
law for the punishment Of particular indi-
viduals, for the punishment of the people Of
Middle Tennessee, for the punishment Of the
people Of Nashville, or for the punishment
Of the officers and agents Of a particular
bank. A law must be general and embrace,
the whole people or an who come within IL;
provisions
The Court was opened pursuant TO adj
joumment aud his Honor Judge FRAZIER
announced his readiness to hear any further
arguments that might be offered.
Hon, JOHN TRnmIE addressed the Couri
in an elaborate speech, Of which the follow
ing is brief synopsis
Mr. TRnmLE said that the Governor and
the Legislature invite critioism-they ash
honorable criticism from the press, and IN,
more Of Il the better, as We have an organ.
iaed government-E.egislative, Executive
and Judiciary. Il is loyal and siaunch--
God-free-a reoFganized republican govern,
ment, entitled to be trusted and respected 81