The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1866-05-12
Letter from Hon. Cave johnson.
GAINESVILLE, April so, 1866.

!
gOmery and iSterdrt couxties: As soon
as notified of my election, Immediately
1 repaired TO Nashville, and ON the 9th oil
April, presented to the Senate the GER
tificate of my election, as required BY
law, and asked to be admitted to my seat
that might perform the duties you ex-
pected of me. There was no other clai-
me- mt for the position, and no exception
taken TO the returns of the sherifis and
certificates of my election. l was in
formed by the Speaker, that the Senate
had adopted q rule to do no business
without a quorum. In vain i urged
upon him that the admission of new
members was not a part of the business
of the Senate requiring quorum-thai
the organization of the Senate by the adj
mission of new members was necessary
before quorum could be formed-that
such was the practice in all Legislative
bodies-that, in Congress, members
were admitted and qualified upon pro-
duction of certificate of election, and
sometimes even upon publication in the
newspapers, giving the election of appli-
cant; and that the Senate, now in ses-
sion, had been organized OH the present
ment of the certificates of election. lie
replied: "The rule of the Senate must
be adhered to-"
Upon some occasions, the admission
of myself and Mr.. Garret, member elect
from Smith,) would have made a quo
rum, and would have enabled the SEN
ate to proceed with the public business
After remaing some ten or twelve days
in attendance upon the Senate, quo
rum appeared. The Speaker submitted
my certificates of election to the Senate
and although there was still no Other
claimant, and no objections to the re-
turns, they were referred to the commit
tee on elections, and my admission and
qualification still refused. After the case
had remained some seven or eight days
before the committee, the public business
going on, and some of the measures Of
the most important character involving
your interest and dearest rights, be-
come impatient at the exclusion of YOU
representative from his seat, and thus
silencing the voice of three counties. ]
therefore addressed q memorial to the
Senate, respectfully asking the decision
of my case at once, Two days after, the
committee Of elections reported against
my admission.
] had consented to," and "comltenanced'
the rebellion, and as my three sons had
been in Che Confederate army, they pre-.
sumed | had contributed "means" to aid
the Confederate cause; and as I had MOI
voted in the spring elections, l was mo-
entitled to hold office, although no such
law existed. There was no proof, of an
| act committed by me, for. or against
either party. The proof showed l had
remained quietly and peaceably at home
taking no part, and unable from age an6
infirmity; to take any part, had been sc
inclined, other than the expression O.
my opinion upon public men and public
measures.
For the first time, in the history of oul
country, has peaceably and orderly
citizen been condemned and punished
tor entertaining and expressing his opin
ion upon political questions, involving
his own interest as well as the rights O.
the people. But even if such expression
of public opinion had been made crimi
nal by law, had complied with the pro
CARNATIONS of the President-taken the
oath of amnesty, and obtained pardon
from the President, which relieved me
from any responsibility for all prior mis-
deeds, if any had been committed, and
restored me to all the rights and privil
iges of a citizen. Notwithstanding the
immunity thus extended to me, as wei
as citizens generally, the Senate under
took an examination of my character
and conduct as citizen without any spe.
cific charges against me; without court
or jury, and without any testimony jus.
tifying Ii, declared me guilty of some
; crime which disqualified me for the pc.
sition your votes had assigned We. Some
twenty other counties were, in like man
ner deprived Of their representatives.
Such acts were palpable violations of eul
constitution which secures to me the right
of trial by jury, in open court, and the
examination of witnesses face to face, as
wen rs destructive of the constitutional
right of the people to be presented III
their legislative assemblies by such indi-
viduals as they may select, subject alone
to the qualifications prescribed in the
Constitution, of residence, citizenship
and proper age. The character of the
individual selected, whether moral, re-
ligious or political, is the proper subject
of enquiry for the people before the cleo
ton, and the assumption of it by the
Senate, is daring usurpation of the
rights of the yeople.
The offense or crime, as they are
pleased to call it, if any, which we COM
mitted, was against the United States
We were responsible to the United States
alone for our conduct, and to them be-
longed the infliction of the punishment
which was imposed upon us with no
sparing hand. The loss of our property.
the burning Of our cities and villages
the destruction of aur farms, the sacrifice
of thousands of our best men, will ever
attest the severity Of the punishment.
The United States were satisfied with
it, and in the proclamations of amnesty
and pardon promised us protection OF
person and property upon our submits
sion and obedience to the laws. The
conditions haYe been complied with, and
proclamation of peace made by tile
President. Those claiming to be your
representatives, not content with the
punishment imposed upon our gallant
soldiers and their friends, for services
rendered their own State, and required
by its authorities, not only emaneipated
slaves by driving from the ballot-box
every one who will not vote according
to their wishes and views; and whilst
thus depriving you of the right ofre-
presentation which they claimed to be
a constitutional provision, and to con-
tinue until changed by another conven-
ton, they are daily creating new debts,
and making large expenditures, which
must necessarily produce heavy taxation.
Taxation without representation is a
badge of slavery to which our citizens
will never submit. ~ -.e ;-i-s
The bin now pending before the legis-
lature, and will probably become law,
win exclude from the ballot-box nine.
teen-twentieths of the people, if not
more. The act of the 9Th of june last,
did not exclude a sufficient number of
voters to secure the success of the radi-
cal party, and therefore new law more
restrictive is demanded, and so framed
as to place in the hands of the Governor
the power to exclude every man who
Will not vote the ticket favored by him.
They have another bill pending, MAX
ing the State assume the payment Of all
the losses of the Union men, by giving
the bonds of the State, payable in thirty
years, with six per cent interest, which
it is estimated will create debt from
twenty to fifty millions of dollars, and
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