Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-08
THE LEGISLATUBE-THE DUTY OF
CONSERVATIVE MEMBERS.

CONSERVATIVE MEMBERS.
At the adjournment on yesterday the SEN
ate, having a quorum, notified the House Of
Representatives that it was ready to proceed
to the business for which the Legislature
was convened.
The House upon call Of the roll, num-
bered ffty-one members--five less than the
constitutional quorum, and nothing in the
proceedings indicates that quorum viii be
present on Monday.
The action Of the Governor in transmit
ting a message, and the proceedings Of the
Senate in regard 70 il, can avail nothing un-
I'll the House is able 10 inform the Senate
Of the presence Of a quorum Of its MEM
bers.
A quorum Of both Houses, each properly
notified of the fact, constitutes the Legisla-
ture, and otherwise there is no Legislature
in a constitutional or legal sense; and the
only powerthat either possesses in the prem
ises is that of adjournment
This is the fact and the law, and there is
no radical sophistry can alter it, and no
casuistry on Capitol Hill that can explain
it away, or, under the circumstances, justify
any step towards the ratification of the con-
stitutional amendment consistent with the
sworn obligations Of the members present.
Nevertheless, the temper of the Senate, as
displayed on Friday, and the limitations
current on the streets yesterday, make it not
unlikely that the Radicals will assume that
the Legislature is in session, and proceed to
go through the form of ratification in few
days-quorum or no quorum; and that the
! Governor will forward this action to the De-
/ partment Of State under his official seal.
! Indeed, we are inclined to think that such is
| the purpose Of the Radical leaders. They
would prefer a quorum, if it can be obtained,
but falling in that, they will usurp the power,
and proceed to the work assigned them.
The men who are controlling matters have
shown themselves heretofore utterly regard
less Of law and right and ready to do any
thing for the sake Of party. We can expect
nothing better now. In view, however, Of
this result, we suggest to the conservative
members Of both bodies TO withdraw and
force the Radicals to complete their work
unaided. The presence Of a conservative,
in either the Senate or the House, will
be his virtual connivance with the proceed
ings of the body. A prompt withdrawal
will leave the responsibility Of this great
iniquity where it justly belongs.
We have had no conference with single
member of the Legislature and tender this
counsel Cor what it may be worth; and hold
ourselves ready to upheld and justify the
course of any who may see fit to adopt it.
The Declaration of Independence an
nouuces that "when in the course Of human
eyents' it becomes necessary for a people to
assert their rights "a decent respect for the
opinions Of mankind requires that they
should declare the causes which impel them"
to the course they determine to adopt.
Not to amplify at the present time the
reasons for Withdrawing from the Tennessee
Legislature, and refusing to consider the
proposed constitutional amendment they
may be briefly stated as follows:
First: The Congress which proposed it
is not a constitutional body for the purpose,
eleven States being excluded from partici-
patton in its proceedings.
Secondly: The present Legislature Of
Tennessee is not a body elected by the peO-
pie with reference to the matters involved
in the amendment; and further, one
third Of the State is unrepresented in the
body.
Thirdly: That amendments of the Con-
stitution should not be hurried to adoption
like laws which may be repealed at any
time, or like party measures which may be
revoked at pleasure.
Either one Of these reasons briefly and
imperfectly stated as they are, are sufficient
to Justify, nay more, to compel every con-
scientious conservative member Of the Leg
islature to refuse to participate in the
ratification at the present time of the pend
ing constitutional amendment.
We therefore advise the immediate with
dr.wal fall who propose to vote against it.
let the Radicals incnr the entire response
bility and odium Of this monstrous outrage
upon popular rights We have deemed it
proper 10 say this much now, but shall recur
to the subject again.