Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-08
LETTER FROM HON. CAVE JOHNSON.

CLARRsvILLE April 80, lS6G.-T0 III,
Cai-sHS NJ Robertson, Montgomery and ,SeW
art counties: As soon as notified Of my
election, Immediately repaired to Nash
Vile, and ON the 9Th of April, presented to
the Senate the certificate of my election, as
required by law, and asked TO be admitted
30 my seat, that | might perform the duties
You expected Of me. There was no other
claimant for the position, and no exception
taken 10 the returns of the sherills and GER
tiiicates of my election. | was informed,
by the Speaker, that the Senate had adopted
a rule TO do no business without a quorum.
la vain / urged upon him that the admis-
sion Of new members was not a part Of the
business of the Senate requiring a quorum
that the organization of the Senate by the
admission Of new members was necessary
before a quorum could be formed-that such
was the practice in all legislative bodies
that, in Congress, members were admitted
and qualified upon production Of a certif-
cate Of election, and sometimes even upon
publication i'm the newspapers, giving the
election Of applicant; and that the Senate,
now in session, had been organized on the
prcsentment 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.. Garrett, (member elect from
Smith, would have made a quorum, and
would have enabled the Senate to proceed
with the public business. After remaining
some ten or twelve days in attendance upon
the Senate, quorum appeared The speak
cr 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 committee
on elections. and my admission and qualifi
cation still refused. After the case had re-
manned 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 dear
est rights, became impatient at the exclu-
sion Of your representative from his seat,
and thus silencing the voice of three coun-
ties. | therefore addressed memorial to
the Senate, respectfully asking the decision
of my case at once. Two days after, the
committee Of elections reported against my
admission.
This was done upon the grounds that
had CONSENTED TO-" and "countenanced" the
rebellion, and as nv three sons had been in
the Confederate army, they presumed | had
contributed "means" to aid the Confederate
cause; and as had not voted in the spring
elections, | was not entitled to hold office,
although no such law existed There was
no proof of any act committed by me, for
or against either party. The proof showed
] had remained quietly and peaccably at
home, taking no part and unable from age
and infrmitv. to take any part, had ! been
So inclined, other than the expression Of my
~
measures.
For the first time. in the history Of our
country. has peaceahlc and orderly citizen
been condemned and punished for enter
tanning and expressing his opinion upon
political questions, involving his own inter
est as well rs the rights of the people. But
even if such expression of opinion had been
made criminal by law, had complied with
the proclama,ions of the President taken
the oath of amnesty, and had obtained 4
pardon from the President, which relieved
me from any responsibility for all prior mis-
deeds, If any had been committed, and re-
stored me 10 all the rights and privileges Of
4 citizen. Notwithstanding the immunity
thus extended TO me- as well as the citizens
generally, the Senate undertook an cXamIn-
alton Of NV character and conduct As a citi-
without court or jury. and without any toS-
timony justifying It, declared me guilty oi
some crime which disqualified me for the
position vour votes had assigned me. Some
twenty other counties were, in like manner,
derived of their Representatives. These
nets were palpable violations of our Consti-
tuition which secures TO me the right of trial
bv Jury. in open court, and the examination
3. ~ HtaGfr
tive of the constitutional right of the people
10 be represented in their legislative assem-
blies by such individuals as they may select
subject alone to the qualifications prescribed
In the Constitution, Of residence, citizenship
and the proper age. The character of the
individual selected, whether moral, religious
or political, is the proper subiec! Of enquiry
for the people before the election, and the
assumption of il, by the Senate, is a daring
nsurpation Of the rights Of the people.
The ofiense or crime, as they are pleased
10 call il, If any, which We committed, was
AGAINST the United States. We were respon-
sihle 20 the United States alone for cur cont
duct, and 10 them belonged the infection OF
the punishment, which was imposed upon MS
with no sparing hand The loss of our
property, the burning Of our cities and VAL
lagos. the destruction Of our farms, the sac
rifce Of thousands Of our best men, will ever
attest the severity Of the punishment The
United States were satisfied with II, and In
the proclamstions Of amnesty and pardon
promised ns protection Of person and pro-
perry upor our submission and Obedience 10
the laws. The conditions have been COM
piled with, and a proclamation Of peace
made by The President. Those claiming 70
be your representatives,, not content with
the punishment imposed upon our gallant