Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-23
TENNESSEE LEGISLATURE.
Senate.

The Senate met at A. N.
Mr. Mcfarland presented the following protest;
Mr. Speaker. we respectfully present this, our
protest against the passage of House bill No 10,
entitled an act disqualifying all rebels and tral-
tors from holding Office either civil or military IN
the State Of Tennessee.
The Legislature has no constitutional right TO
pass this bill The Constitution proscnbes GER
tain specific qualifications and disc llicatons
for Office in the three departments of the state
Government. No authority exists anywhere. only
in the people, to change. alter or add 10 inc q9al-
ihcations or dlsqualihcatons contained IN the Ooh
This bin practically amends the Constitution by
adding other disqualihcatiOns TO those therein
Specified. The Legislature cannot amend by en-
actment but may recommend amendments as d.
rccted IN Sec S. Of Article H. of the Constitution
In Article !, Section 3, Of the Declaration, OF
Rights ii is declared that "All elections shall be
free and equal" No election can be free where
the qualified voter Is denied by law the privilege
VI voting for any citizen OF has choice.
Every member Of the General Assembly swear5
that he will not consent 10 any act or thing
whatever that shall have tendency to lessen or
abridge the rights and privileges OF the people as
declared By the constitution Of this State.
If the parties referred to IN tins bill are under
the Constitution eligible to ohee their Tignts
and privilege" are lessened ana aDrldgsd py
this act If they ineligible 10 ONCE under the
fundamental law the passage OF TINS Dill Is en-
tirely unnecessary.
The highest privilege known to an American
citizen is the privilege of voting That privilege
| carries with it. under the Constitution, laws and
free institutions of the republic of Tennessee, the
/ essential idea OF ITeeuOW OF CHolCc. LUIS
tually and really denies the legally qualified cleo
tor his right of choice among those constitution
ally qualified for office. He can elect to no Ohce
civil or military any person that mas In any Way,
| tarily aided the rebellion-unless he has been
| since January 1862, discharged from the army OF
/ the United States or held Office by appointment
| of Governor johnson or Governor BrOwnlOw, in
either of which cases he may be elected 10 clVll
but not to political office. To this extent the y1 1
tiers right of choice is observation-disclosures, we hold
| the hill to he clearly aQtl-republlcnH.
! J. ID. JOHNSON,
| W. }. MCFARLAND,
| J. p THOMPSON.
| The protest was ordered to be spread on the
! journal.
The bill authorizing the Governor to offer the
| jackson residence, known as the hermitage, 10
| the United States for a branch Military Academy,
| was passed on its final reading.
| Adjourned to 3P. NJ.
AFTERNOON SESSION.
| A message was received from the Governor an
| nouncing the appointment Of Messrs. Beaumont
| Rurdtt and Richards as Police Commissioners Tor
| Memphis under the Metropolitan Police Bill
On motion the appointments were confirmed
The remainder Of the session was consumed IN
| the consideration OF private bills
| Adjourned TO A. NJ, tomorrow.
House of Representatives
TUESDAY. May D. 1S6G.-The House was called
to order at 9 O'Clock.
| RESOLUTIONS.
By Mr. Jarvis: That the action the State
| Treasurer in borrowing money in the summer and
fall of 1865 for the use of the State, Is hereby ap
proved by this General Assembly, as set forth in
in his report, dated October |, 1861 Adopted on
the suspension of the rules.
SENATE BILLS on THIRD READING.
No 336: Authorizes the Governor to issue
bonds to the amount of 100000 for the benefit OF
the Cir cinnati, Cumberland Gap and Charleston
Railroad and bonds to the amount of S2OO,OOO, for
the benefit of the Nashville and Northwestern
Railroad. Passed.
cifc railroad otherwise known as the Nashville
and Knoxville railroad.
| Mr.. Wines offered an amendment, approprlatng
100000 to the Memphis; Clarksyille and Louis
Vile rairtad and to the Knoxville and kentucky
relrOad S250,000. Adopted.
! Mr.. Thornburg offered an amendment, incorPo-
| rating the Kingston turnpike, and several other
| turnpikes. The amendment was adopted AMI the
bill, as amended passed its third reading.
| On motion, the House adjourned until 20 clock.
| AFTERNOON SESSION.
The following Senate bills on third reading were
| disposed of AS follows:
| No. l6j: To incorporate the Union Mining and
Manufacturing Company, and for other purposes
Passed.
No. 30: To incorporate the Tennessee Central
No, 90: To incorporate the Nashville and
Edgefeld Street Railroad Company. Passed.
No. 4S4: To pay certain court costs OF Greene
| county. Passed.
No. 2O3: To amend the several acts incorpora-
ting the town of Jackson.
THE OMNIBUS BILL.
Senate bill No. 255: To incorporate the Caney
Fork Oil and Lumber Company, with amend
ments incorporating about thirty other corpora
| tiOns. Passed.
No. 243: To amend the testamentary laws OF the
| State Passed. ,
On motion the House adjourned until O'Clock
tomorrow morning.