Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-08-04
A PROTEST AGAINST THE STATE
AUTHORTTTHs.

On the day following the pretended rati-
ication of the Constitutional Amendment
by the body purporting to be the Legis-
lature ofTennessee, and speaking in refer
ence to that act, we said:
4" We protest against its reception BY the
authorities Of the Federal Government in the
name Of the people of Tennessee, whose viii
has been disregarded, and whose COnstitu-
ton has been de6ed and set at naught; and
assume the liberty of announcing that
proper steps win be taken to notify the Sec
rotary Of State Of the United States of the
facts, and demonstrate against the accep-
tance of any official report from the State
authorities conveying information Of its
ratification"
We are informed that Mr. ARNELI, who
sat in the House of Representative as a
member from Maury, and held that position
until the adjournment of the Rump Legis-
laiure which assembled under the Govern
eF's proclamation on the 4th of July, and
who, at the same time, held a commission as
the Congressman from the Sixth District of
this State, bore to Washington, from this
city, on the 18th of July, a copy of the pre-
tended ratification signed by the Speaker of
the Senateand the specially appointed Speak
er of the House of Representatives, attested
by the signature of the Secretary of State,
and the great seal of the State.
In the name of the people of Tennessee,
we repeat our protest against the official re-
ception of this ratification, and ask that the
Secretary of State of the United States shall
hold it as an adjourned question until the
entire body of facts is laid before him. The
validity of the amendment as a pant Of the
constitution is determined by the ratification
Of tgenty-serea States, and the question as to
the regularity and validity of the so-called
ratification in Tennessee, will not become a
practical one until the Secretary of State is
called upon to announce the result of the
action of the various States upon heamend-
ment We insist and maintain that, as the
matter now stands, Tennessee cannot be
counted as one of the constitutional three
fourths of the States whose consent and rat
ifcation may make valid the proposed
amendment of the Constitution.
In order to put this issue properly before
the State Department at Washington, we sug-
gest that the members of the Senate of Ten
nessee who protested against the action eff
that body, in regard to the ratifying resOlu-
ton, and that Speaker HEIsKELL, of the
House, and the members of that body whO
are cognizant OF, and opposed to the unau-
thorized and illegal action of that branch
of the Legislature, prepare a statement, and
formally file a protest with the Secretary Of
State against the acceptance of the paper
which has been sent forward.
The illegality and gross outrage of this
pretended ratification has been heretofore
freely discussed, but the grounds of the
action now proposed may be briefly re-
stated thus:
First: The body assuming to ratify was
not the Legislature of Tennessee, and did
not represent the people, from the fact that
a majority had arbitrarily expelled certain
members, and refused to admit other law
fully elected members, or to notify the Gov
ernor of the existence of vacancies.
Second: That the Governor had no power
to convene the Legislature when the body
had adjourned to a day certain.
Third = That the atepassed the resOlu-
ton of ratification when the House was
without a quorum, and when it had no
power to act.
Fourth: That the House passed it in the
absence ola constitutional quorum.
Fifth: That the Speaker of the House de-
clared and decided that it had not passed by
the action of quorum, and refused his sig
nature in consequence.
Sixth: That the resolution could not pro-
perry go to file in the Office of the Secretary
of State without thesignature of the regular
Iy elected Speaker and that the Secretary
of State had no power to authenticate and
afiix the seal of the State in the absence of
such signature.
Let these points, and all the facts bearing
upon them, be presented to the Executive
department of the General Government and
full and fair investigation be made of the
matter. This is due to the people of Ten
nessee who protest and who constitute nine
tentbs of the population of the State