Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-24
LEGISLATIVE USURPATION OF
POPULAR AUTHORITY.

their attention and exertlng their strength
towards the production of peace and har-
mony, and the re-establishment Of the rights
and Liberties Of the people on the basis Of
the Constitution. In the 22d Of February
Convention in this city, called and held TO
uphold and strengthen the President in his
high-souled efforts TO restore thecOuntry and
its principles and laws as against those who
would make il anew, the most noticeable as
well rs significant fact was the preponder-
ence Of heads whitened by the frosts Of time.
These men, having passed the period of am
bilious strife, forgetting all selfish ends, and
looking alone 10 the high interests Of the
country, were willing to sacrifes their COM
fort and die, if need be, in bringing back the
people to the enjoyment of the Government
and laws given by the pioneers Of American
freedom. From this county, Maj. LEWIS,
distinguished for patriotism and for I'M
conquerable attachment 10 the Constitu-
ton and the Union, at the bidding of
his fellow-citizens, put on the livery Of the
peoples servant 10 perform the great offices
Of Legislation. On his appearance at the
door of the Legislature he is spurned away
az a traitor, by the miserable hypocriteS
who were at first the devotees Of rebellion,
and now the singers Of psalms to the Union.
Hon. CAVE JOHNSON, another veteran in
the service Of ,his country, no less renowned
as a citizen Of patriotism and experience in
public affairs, than friend Of the Constitu-
ton and the Union-who was a candidate
on the Union ticket to proposed conven-
ton in this State, in February, '6l, and tri-
umphantly elected-who demeaned him
self throughout the war as a true citizen
and genuine patriot, consents to exert his
ample powers for the good of the country,
and in the interests of justice and the
liberal principles of republican insti-
tutions. He is chosen by the unanimous
voice Of an intelligent people to represent
them in the Senatorial branch Of the Legis-
lature, TO fill vacancy occasioned by the
death of the former incumbent. Wholly
unconnected in action with those matters
which had previously disturbed the even
tenor Of that body's proceedings-chosenb by
an unrepresented people, at the time and in
the manner designated by the Executive of
the State by official roclamation-qualifed
under the Constitution and laws of the
land-of full age-of therequired residence,
being resident and citizen Of the Senatorial
district for upwards Of seventy years-his
election certificates being from the proper,
officers and in due form by law-this ven
cradle statesman, and his people through
him, is ordered before a committee and
badgered with questions as to his political
views
We had been led to hope for better things
from the Senate of Tennessee, and are now
DESTROYS TO know by what authority that
body can come between Senator JOHNSON
and his lawful seat as the constitutional rep
resentative of one twenty-fifth Of the peo-
pie Of Tennessee. The affairs Of this Gov
eminent are reaching a point at which the
civilized world will stand aghast at the enor-
mites which a selfconstituted despotism as
sumes to perpetrate in the name Of popular
liberty. The appointing power of Govern
ment, it has ever been conceded has the
right to look into the political views of its
appointees. But we are now confronted with
the spectacle, previously unknown in all the
history Unpopular governments, of portion
ola constituent assembly of the peoples rep
resentatives being excluded from partici-
patton in the affairs of Government, for the
only reason that such representatives do not
hold the same political views that a Lcgisa-
tive majority may entertain
In this connection, and to illustrate the
extent of this species Of usurpation, we need
only TO refer TO our reports of the Legisa-
tive proceedings from day to day-and
especially to those of yesterday, as reported
this morning. In the House the Committee
on Elections reported in favor of the adj
mission of certain reelected members-but
"bare minority" reported adversely, not
only upon the ground that their action in
the past had been distasteful to the Radical
majority, but because their constituents, the
people Of their respective districts had Endorsed
their previous action. In the Senate, likewise,
though the questions raised in the House
have not been directly and officially brought
before that body, the same line of usurpa-
ton is laid down by theunreasonable delays
to which Hon. CAVE JOHNSON has been
subjected. That noble patriot yesterday adj
dressed calm and temperate memorial TO
that body on the subject, which we transfer
from the regular proceedings TO this place,
rs illustrative of the unwarranted and revo-
lutionary spirit Of that body. Let the peo-
pie Of the State read il, and ponder it. 1t
is as follows:
To THE SENATE or THE STATE or TENNESSEE a.
The memorial Of Cave johnson, n citizen Of |
Montgomery county, respectfully represents that |
at an election for n member of the Senate to re- |
present the counties Of Robertson, Montgomery,
aud Stewart by virtue OF proclamation of Gov.
Brewnlow To fill vacancy OccaSiOned by the |
death of Senator Peart. who had represented said
district; that he regularly elected the 3st
of March, BY the qualified voters Of said district |
without opposition: that the Sberifs of the three
counties forwarded their certificates OF his election
10 the Secretary of state, who issued his ccrtih-
cate thereon. certifying his election, which was
presented TO the Senate on thc---day Of April |
past together with acertited copy of the oath !
taken by him before the clerk of the county court
of Montgomery ns n candidate The Speaker of |
the Senate informed your memorialist that he |
could not be qualified and allowed to take his |
seat under rule Of the Senate. in absence Of
n quorum. Your memOrialist rested satisfied with |
the excuse some eight or ten days, although he |
believed that the universal practice Of legislative
assemblies has been TO admit anu qualify mem |
bers upon the production of the legal certificates
of election. done ut the first organization /
Of the present Senate. and must be necessarily
done in every legislative assembly, as there can
be no quorum until after the organization by the
admission Of members. Upon more than one oc- /
cRSiuu during the suspension OF his claim, the /
admission of himself and the Senator elect iTOm /
Smith n quorum would have been present and the |
senate have proceeded to discharge the business |
OF the State. After a delay of some eight ten |
DAYS quorum Of the Senate appeared. aud upon |
the submission of his certificates Of election. they
were referred TO the Committee ON Elections, in /
stead of allowing him to take his scat In the usual
manner, where they have since remained
Your memorialst alleges that he Is IN all re /
spects qualiucd required by the Constitution |
and laws of the State that he was born in las M
the district he has been elected 20 represent aud 1
has ever since resided in IT, and has been citizen
Of the United States as well ~ of the State of |
Tennessee: that SO far as lac knows there has been
no contestant of his seat and no reasonable or lc
gal excuse for keeping him longer from II that 4
be feels it has duty TO represent truly the people
who have 50 generously honored him with their /
confidence upon the important measures now /
pending iu the Senate. upon which, he believes, /
the peace aud prosperity Of the State IN a great |
degree depends.