Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-12
TENNESSEE ilEers1.A,EURE.
senate

D
asks leave 60 present the following protest against
the action Of the Senate, upon the question Of
I submitting the proposed amendment OF the Con
stitution 70 the people Of the State
The que ton was simply one Of reference Of the
amendment 70 the people, and providing that they
should express their viii IN reference to said
amendment, as a mode Of instruction to the Leg
islaturc, when II meets again al the adjourned
session in November next Upon this question
I which thrown into the form of a resolution
the Senate took action and declared that it should
not be adopted II 4, therefore against this
iusal Of the Senate that now propose to protest,
and to oher some reason why differ with the ma
( jOrty on this subject.
Tue first reason that I offer is that owing to the
disturbed relations existing for the last several
I years between our people aud the Congress of the
United States the people have had no part to take
10 the formation Of the laws of the United States
/ Government which have been exercised over
them, and that when this amendment was
| framed, their chosen REPRESENTATIVES were stand
ing outside Of the bar Of Congress, and were not
even permitted to hear the deliberations from
winch this amendment was originated.
II kepublicauism Il not a farce, and liberty a
mere catch-phrase If there Is any truth in the
| principle that the people are the sOvereigns of
the land and not the serts. this proposition, il
comes TO us from Congress, Is the boldest assump-
ton Of power ever attempted over free people.
This body, composed Of the mere servants of
! the people and which should reflect the will Of
the whole people, deliberately shuts the door
! upon nearly One-third Of their fellOW-seryants,
| and proceeds TO draw up an amendment TO be
! added 70, and make part Of the Constitution,
utterly subyerting the social, civil and political
| rights OF the very people whose representatives
/
| deliberations, and demanding Of US to ratify
them as the price Of our admission to their
| councils.
| We have been called together here regularly
| and in great haste 70 eOnsummate and complete
| this mOnstrous outrage upon our liberties, by
| giving our assent 70 the measure without asking
| our constituents The simple question is, Shall
| we do it, or shall nOt2' and, strange to say,
this Senate, by its vote on the question of refer
ence. has declared that we shall not consult our
| constituents
1t is well know TO this body that we were not
| elected for any such purpose. Not one man IN a
| thousand ever dreamed Of such question com
| ing before when were elected. We were
| most of us. chosen eighteen months ago, when no
| such measure anticipated. The directions from
our masters the people, were to build up and re-
pair and restore the wasted resources Of the State
and 20 take for our guidance the old land marks
in the thon existing Constitution of the land. We
had no carte blanche to make new Constitution, |
| or to annul that time-h onored document. Hence |
| it Is that the people have neither been allowed
voice through their chosen representatives IN the
organization and construction of this amendment,
nor their wishes and instructions regarded IN Its
Therefore protest against the action of the |
| Senate in thus summariy disposing of this ques-
ton Of reference 70 the people; When every con
sideTatiOn of justice and prOprlety render the sub
| mission the amendment TO their vote eminent |
| ~ necessary and proper.
Secondly The language Of the proposed |
| amendment is ambiguous and obscure. 1t Is |
clearly susceptible Of mscOnstructOn, and yet it I
embraces questions Of the greatest importance to
every citizen Of the State. 1t therefore becomes |
US not to be too hasty in its ratification. Time |
but before the people, that they may fairly un-
derstand all its bearings and important eonse-
quences. The undersigned expected that this
body would give the proposition due considera-
ton but il has failed 10 do so, and has disregard
ed it with evident signs Of disgust and derisiOn.
Seeing that the majority of the Senate have, IN |
his opinion forgotten their responsibilities and /
are blind to the evident signs that meet us on |
every hand of the indignant condo mnatlon OF the
proposed amendment on the part Of the great |
of the people of the State; and seeing also,
fixed determination on the part Of TINS body TO
declare every proposition looking to n postpone
ment Of the question, and settled purpose to Ta-
tify the amendment whether the people are for
or against IT, he can only regret such action, and
enter his solemn protest against such unWarrant-
All Of which is respectfuIly submitted, and ask
ed to be spread upon the journal OF the Senate
Mr.. TRIMBLE said that the paper submitted
by Mr.. GRAZIER did not come within the prOvls-
ion ofthe Constitution permitting protests TO be
entered on the journal. A protest shOpld pc
against some act or resolution already passed by
the Senate, and such was not the present case Mr.,
T. had no right to protest against the mere action
of laying proposition on the table This paper |
was nothing but o stump speech, made for bun !
combe. Besides, it was very disrespeettul to the
Mr. FRAZIER Indignantly denied that he had
in view the purpose charged by Mr.. TRMBLE,
and claimed that he was entitled to az least com
moHcourtesy IN expressing his opinion without
being subjected to persecution therefor.
Mr.. FRAZIER, Of Wilson, suggested that the |
gentleman withhold his protest until the action Of
the Senate on the amendment be more fully de-
veioped.
protest which was to prevent great national
calamity by giving the peoplea chance to repu-
diate the outrageous plot against the liberties Of
the country which had been cOncOcted in Con-
The SPEAKER interrupted Mr.. THOMPSON by
reminding hmthat such severe criticisms on the
action Of Congress or the Senate were not admis-
sible in debate.
Mr.. TH0APSON-Ia am aware that L am speak
inE 20 very unwilling ears.
Mr.. TRfMBLE moved to lay the protest on the
table, bit withdrew the motion, when it was re-
neWed by Mr. CATE Carried, ayes b. noes I.
Mr.. TRIMBLE moved to take up the joint reso-
luton ratifying the proposed Constitutional
Mr. FRAZIER, of Wilson. hoped that the reso-
luton would not be taken up at present, as there
still grave doubts whether the Senate had n
right to proceed with 50 important measure in
the absence ofa quorum IN the House; He sin
cercly hoped that the resolution would be post
poned until the House was organized.
Mr.. THOMPSON said that matters were now
taking exactly the course he had anticipated. 1t
was evident that those gentlemen who were in ia
Of taking immediate action on the amend
ment were determined to disregard the Censtitu-
ton and all precedent, and to pass this measure
irrespective of the condition OF affairs IN the
Mr.. SMITH had examined the Journals of
Congress and the Constitution, and was satisfied
that the Senate could not properly take action on
the amendment before the Legislature Is organ
lied. The Senate alone cannot be regarded as
the Legslature-unhl both branches are or
ganized, there can be no legislative authority
vested in either body Several Senators who
were in favor Of this amendment were still in
great doubt rs to the competency OF the Senate to
act at present on this matter, and thought that
too hasty action should not be taken, until these
doubts were removed.
Mr., TRIMBLE commended that the Senate had
a full right to act on this question, even though
there was no quorum in the House. If the
amendment passes the Senate, and the House fails
TO organize, the action of the Senate will of course
be without effect and no harm will result from
Mr.. THOMPSON disputed the constitutionality
Of the manner in which the amendment was pass
ed by Congress. 1t had not been submitted to the
President for his approval.
Mr.. TRIMBLE said that the President had not
dared 90 claim the right to control the action of
Congress in this natter either by his approval or
disapproyal. III had no right TO interfere in the
matter, and was the first Executive who had pre-
sumed to send "a message TO Congress on such n
Mr.. KEITH taside}-Yes, it only amounted to
kind of grumbing over the matter.
The debate as to the presidents IN regard to the
question Of submitting Constitutional amend
ments to the President for approval. continued
some time between Messrs; IRni9LE and IHoAP-
sON, the latter concluded by saying that he re-
rarded the action of Congress in this matter rs
the most fatal blow ever inflicted on the liberties
Of the country. II evident what the Radicals
in Congress meant to dO-and that to give
the negro the right Of suffrage.
Mn. SENTER charged that there was a com
bina-ion on tie part of those who We're opposed
20 the amendment 10 defeat quorum in the
House, and that twas aided and Allotted by gen
tlemen on this floor.
Mr.. FRAZIER, Of Knox, inquired whom he
meant 70 include in that charge
Mr.. NkNIEh SAID tnat ne naQ not mentioned |
the gentleman's name, but he was at liberty to
deny the charge if he chose.
Mr.. FRAZIER said that he did deny it.
Mr.. SENTER said that he had no respect for
the conscientious scruples' of those members
who refused to come to vote on this measure,
and who either remained in their sea Is TO clog
the wheels of legislation by fastOus opposition,
or remained away altogether and prevented the
Legislature from properly organizing. II these
gentlemen would consent 10 name a reasonable
time al which q vote could be reached he would
willingly consent 10 a pOstponcmcnt Of action on
the measure now before the Senate; but if this
compromise could not be effected, he was in favor
Of the Senate at once proceeding TO take action
thereon. irrespective Of the organization Of the
House and in spite Of the efforts being made 70
prevent n quorum.
Mr.. CARBIGAN said be believed quorum
could be obtained If the Radicals would honestly
come forward aud consent 70 compromise 1"
postpone action on this amendment until the No
vember session and would give the people an OPP
portunty Of being heard on measure Of such
vital interest and Importance. lie was not au-
thorized % give the views Of gentlemen who were
but he certain that If the Radicals would act
the present legislative difficulties could be arrived
at
The motion to take up the joint resolution was
carried.
Mr.. FRAZIER. Of Knox, offered the following
amendment
Resolved, That the foregoing proposed amend
ment o. the Constitution Of the United States
shall not be construed 20 confer the right Of
HNnrHHn Of F1NN