The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-27
8aahrille &4niotl.
FRIDAY, APRIL q, 1866.
The Case Dillon. Cave Johnson.

The Case OfHon. Cave Johnson.
On Wednesday last, Mr.. Trimble, of
Davidson, Chairman of the Committee
on Elections, made report on behalf
OF The majority Of said Committee
agalnst the admission Of Hon. Cave
johnson 20 a seat in the Senate, as
Senator from the counties of Robert
son, Montgomery and Stewart No OBJ
Jection was made TO the manner Of his
election, for that is admitted to have
been IN conformity to law. But the
report very gravely assumes that be is
disqualified because he gave the weight
OF his character snd influence to the
rebellion against the Government. This
Is very serious offsnce; but if Mr..
johnson is guilty, it is not for the State
OF Tennessee to punish him, and when
ever 1t assumes TO do so, it transcends
Its plwer, and commits a crime against
liberty and law. But, we will not dis
cuss the question, nor even demonstrate
with the Senate against committing
itself TO the assumptions Of the report
Reason seems 10 have fed from our
legislative halls and passion and preju
dice taken its place. We will, however,
spread before our readers the tempe
rate, able and unanswerable report of
the minority Of the Committee
Aessrs. B. Frazier, Nelson, and John
son-made through Mr. Frazier, It is
as follows:
The undersigned, a min prity Of the Com
mIttee on Election, not being able 20 eyre /
with the majority upon the application Of /
Cave johnson for a seat in the Senate, / eg |
leave respectful y 10 rep IT: That up n the |
death Of Sena'or Peart, who represented |
the counties Of Montgomery, Robertson aud |
sawart IN this body, new election was |
ordered by the Governor 10 supply his /
place. That taid election was held and /
took place, on the 3lst Of March, 1866, by /
virtue Of aud in accordance with a procla-
nation Of the Governor { the State. That /
the sberifs Of said counties held said cleo
bona in cOmpl ance With said proc anna /
ton, and that the certificates Of the sher- /
ifs Of the said three counties are on file in |
the Office Of the Secretary OF State, showing |
that Cave johnson received a ] the votes IN |
said election, there being no opposing can
dida'e. That the Secretary Of state from |
the facts stated in taid ceriiGca es, gave
20 the said johnson a certih ate STA ing |
IN e form that he was duly elect |
ed That said certificates fom the Sec !
Rotary Of State. togeth with a certlh- |
cate Of the Clerk OF the County Court Of
Montgomery county, stating that said John |
son had taken the oath required Of all can
didates for Office, were PIE entsd 10 the
Speaker Of the Senate. bY the aid Johnson
IN bis sppl cation for his s at IN our body.
From the for 90 ng documents and evidence
the minority are OF the opiulon that the
applicant was entitled q bis seat IN the
Senate upOa the presentation Of said GER
ti6catc. without h wing the said certificate
refe ret 10 a committee. This, 90 far as the
uuders gned can lruru, has been the uni
form custom and practice heretofore upon
all such applications. The certificate Of the
proper officer is always iaken as prima iaela
evidence that each member who holds Il
has right 20 his seat Ii this were not so,
10 would be impo sib'e r the nate ever
10 organize. Atthe beginning Of each ses
sion, each Senator pres, MS his certificate Of
election and is sworn in upon that alone.
The undersigned can Ies no reason t. de-
ua-t from this Is ablu he'd custom IN the
admission Of new members 20 OIL Yacaucles-
Ia the OPTION OF the majority, there Is
only two G nt n gencIes that could arise ID
which il would be proper 10 depart from
this cour G, neither OF which has arisen IN
this cas-. The 6rst Is where the certificates
and pspcrs are informal or detective on
their lace and the o.her, where the seat Is
claimed by some ether person other ihan
the che holdirg the certificate. In thee
cases il is the practice g neraily to ieier the
question 10 the committee al on Elections.
But even where the seat is so contested u Is
usual 20 swear in the arty holding the Ger
tifcnte before any reference Is made 70 the
commit e. IN the present case, hOFeycr,
there eppears M def CT or lutormallty on
the face OF tie certificate, nor is there sny
contest BY any othe- person for the NfcaRt
cent Therefore, the undersigbed believe
that this Commit &c has no authority by
law or from established precedent TO act
upon tho qursiiod iurther IMAM 70 rec IN
mend 20 the -elaie 90 do wha- should, 10
tbair opiuio n. have been done, without any
acton OF the committee.
In al, opiuion OF the undersigned there
IL a radical difference between the eNput-
sion and exclusion OF member from
seat In the latter case our action must De
strictIv confined 10 his eligibility accoi ding
70 the law and constitution D. theIo
-. no prooi before the committee that
sbevs him 70 be lacking IN any one Of the
.sssntisl requirements Of the constitution,
~ senate. in the opinion Of the under
sisned. Is bound 20 admit him TO seat
T6is beinF q question OF mere fact, may be
5-termined b. a bare majority. But, IN The
toruer case where the claimant IS ARA gned
ut,on character alonci where MS moral, re-
1;,i,us or political aatece tents Is the ques-
- "a 5. settled, the constitution, we
mini has wisely tnrOWn a guard around
- senate 70 protect him from passion or
,,-eiadice. which often oyo-throws reason
- Indictment. and impels maIorities, IA
,ir,es Of political excitement, 10 crush aud
tyr.nizc over their opponents who happen
in the minority. And hence IL declares
o. 81 no member shall be expelled but by a
,v-e-tbisds vote. Therefore, the unders'gn.
al are compel ed T. protest against the SIS
,,,,rtisn OF the majority, that in the in
.,trot,ou Of this {. re the committee can
- o5Iv 20 behind the certificate, but that
-, AID should, inquire into the private
t.-,rtcr Of the applicant. 10 TINS Is 20 DC
,L-r,le. and sustained by the Senate, lheu
tNe 1.Ir that the claimant should be IN
.t.i.S 80 tbe beneht OF two-thirds vote
aSsieN ..;oritv laiI their action upon tbs
~ m part, that the applicant is q
,.h,rn man. and that he sympathizeo
- tbe rebellion AZ one time, and tha
.h.r.f,tc the moral effect would be injurious
sh., Government 20 pee mt HIM teat 10
~
80 tnfs light They tear that the mora
-. ~ a depsrture from the letter and
,-,t of the constitution viii De more lulu
- and dangerous than It could possibly
49, admit him. The constitution PLAINLY
,.r.,.ribcs the qualifications oil we mem
b1s Of our b dy. hey arc zoe Uo~ -
-. No person sha bs a Senator Jules
III he a citizeu Of the United States, q
-, of thirty years, aud shall have re
br,e YEA ln the State, and one yea
49,. ,,untg or diGnct Immediately pre-
10 his clertion. No senator shall
st,ribl. 90 any office In the STATE.
81, ouly other qualifications upon th
80. books of our State is urd ln ia
80 law PASSED by this Legi,laturt
~. 80, crib. % an oath VII ch every eau
49,, IA r. guirci o. take Def re be % elig
scat Now, iu all these constitu
I..d legal provisions Mr.. johnson
- 10 have fully complied win III
-, remcnts OF each aud every Ca ol men
49,, thon, we would inquire, Is the OF
49,, Al he found O. exclude him9 Thei
.tbrr reason, as sc conceive, why W
- Omit him. that Is equally couci'
n, Is tie selected servant 90 the So
-, Union people of his district, sci. GO
- nm under the provisions Of one 81 "a
"a lsws, passed D. oar own body. j
.,.,es here, go far ut there ls any proof b
to-, "a. clearly aud cousututloHally 'lcct,
Lytb,n,. aud o. than 10 Is answered. o
he moral sud political standing.
Tbrrsr re. btsiug eur action uTUn imm
,,o,ial custom nut precedent, US we'll as q
a p.titutiou srd laws Of The State, ishol
snu regard to party ues or individual pr
gle.ttSps. we unhcsitatiucly recommeI
tbat al. applicant be sworn and permit,
t.t.k. hi seat as q Scustof Of tins body.
speaker Pro TEN.
Hon. Wm HeiskelI, the Speaker
the House Of Representative, bein