Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-11

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senate.
TUEsDAY. July 1O.-The Senate met at 10
Nh s;ENTFR asked leave Of absence for Mr.
/ FRAzIER for a few days Refused, ayes z noes IL.
| Mr.. MCFARLAND presented the following pro-
test:
Mr.. SPEaKFR:-We hold it to be ineontrorerti-
I bly true that when the Legislature il convened
either as a regular or called session. the Senate
has no right to transact business until a quorum
is obtained in the House.
[ ART II. Sec Of the Constitution Of Tennes-
see expressly declares that The legislative au-
thorty Of this State shall be vested in General
/ Assembly which shall consist Of Senate AND
I House of Representative. both dependent on the
people" Under this section il is an essential
prerequisite 10 the existence 1fa General Assem-
| BY" that the Senate AyD House Of Representa-
tives should cO-exist without a House of Rep
rGsentatives there can be no General Assembly.
In the absence Of aqu0rum, IN either branch. be-
fore the organization Of the body, the other pUs-
sesses no legislative authority.
Article , section II, declares that Z" two-thirds
Of each House shall constitute q quorum to do
business" Not less than two thirds, under this
provision, can do business If either House Is be-
low quorum, IL cannot legislate. aad hence is
not IN law OF fact q legislative body. The House
Of Representative being at this time below quo
rum, Is not constitutonally a law making power
The Senate u organized aud ready foT business,
but under the Constitution ittakes both the SEN
ate and House Of Representative TO constitute n
General Assembly, chartered by law with the
authority 70 legislate. The Governor. by prOcla-
nation, has called together the General As
sembly." The call has not yet been obeyed The
House OF Representative, a coordinate branch OF
the General Assembly, has not yet convened.
Are we authorized By the Constitution TO transact
business before even the Governors call to as
semble the General Assembly is answered.
We think not.
To do business in-the Senate, at the beginning
Of the session, where there Is no quorum IN the
House. is an open violation Of the Constitution.
All parliamentary law and immemorlal usage
support this position. w refer you to CUSHING
Law and Practice of Legislative Assemblies,
NJ ORGANIZED
10 proceed to business, which takes place when
tue members returned have taken the oath, and
have chosen their presiding officer, a message Is
then 10 be sent to the other branch. to inform 1t
Of the organization Of the former, and when the
two branches are organized. theyJoln IN sending a
message % the Executive, 10 INFORM the latter I1at
quorum Of each branch has assembled. that they
are already organized to proceed with the public
business, and are ready to receive any cOmmun-
cation he may see 81 20 make thOm.
The same author says further: Each branch,
when duly Organized, and without waiting for the
other, may proceed 10 the transaction Of any busi
of rh ch has erctsiUc JRrtsticfioH, Jg tseg,
0Hd iraich d0es H0t require the itercenftOa ot me
other, and, therefore. until both are organized,
should not send the above mentioned notice to the
Executive"
Comment upon these passages Is unnecessary II
CUSHING is right aHd he has been 50 recognized by
the Legislature heretofore we have no right To do
business In the Senate until notified that quorum
Is in the House. This has been the universal
practice in all Legislatures that have ever Assem-
blel in this Capitol since the organization OF this
State. We refer to the journals of each Legisla-
ture No exception can be found. 1t has been
the nvarable rule in the past both in the regular
and called sessions.
In 1872 Gov BLOUNr convened the Legislature
and each House notified the other Ct its OrganiZa-
ton. A joint committee informed the Governor
Of the TACT and they proceeded 10 business. In
1872, Gov. JOKES assembled the Legislature, and
the same proceedings were had. So it was in 1861,
when Gov. HARRIS called tie Legislature to the
Capitol, and it has always been in all legisla-
tive bodies in the United States.
The Constitution, parliamentary law, and com
mon usage require Il, hence we object to and pro-
test against the proceedings here We cannot be-
leve that the Senate has any right to legisate in
the absence Of quorum in the House.
J. G. CARDIGAN,
July 10th 1866 F. p. THoNPsoN.
Mr.. ALDRIDGE moved to refer the protest 20
the Committee on Federal Relations.
After a lengthy discussion rs TO the nature Of the
paper, and whether it could legitimately be pre-
scented for the consideration Of the Senate
Mr.. ALDRIDGE withdrew his motion 10 refer,
and Oh motion Of Mr. TRMBLE the protest was
laid on the table-ayes Il, noes 5.
Mr.. TRIMBLE moved to take up the report of
the Special Committee TO whom were referred
the nominations for Police Commissioners, and TO
confirm the nominations. Carried.
A debate ensued, which consumed the remain
der Of the session, between Mr.. CARDIGAN, who
opposed the nominations, and other gentlemen
who were in favor Of them the principal point
involved being the constitutional! right Of the
Senate to act in such matters until the Besisa-
ture Is properly organized.
MessTs. HENRY STOKE and +. W. Sparkling
were finally confirmed by vote of Is to 2-the
former as experimenting, and the latter as Clerl-
cal Commissioner.
Adjourned to 10 A. NJ. to morrow
House Of Representatives.
TUESDAY. July 10, lS66.-The House was called
TO order at 10 o'clock. Prayer by Rev. Mr. Pull
LIPS.
On call of the roll fifty-one members answered
10 their names. After waiting for some little
time. with no prospects Of a quorum being Sc
cured, on motion, the House adjourned until 10
o'clock tomorrow morning.