The home journal. (Winchester, Tenn.) 1858-188?, 1866-04-28
LEGISLATIVE
SENATE,
MoNpAY, April @

Senator elect from the District COM
posed of the counties of Robertson,
Montgomery and Stewart:
TO the Senate file State of Tennessee:
The memorial of Cave johnson, q
citizen of Montgomery county, respect
fully represents
That at an election for a member of
the Senate to represent the counties of
Robertson, Montgomery and Stewart,
by virtue of a proclamation of Cover
nor Brownlow, to fill a vacancy occa
stoned by the death Of Senator Peart,
who represented said District, he was
regularly elected on the 31st day Of
March, by the qualified voters of said
District, without opposition;
That the shcriifs Of the three coun-
ties forwarded their certificates of his
election to the Secretary Of State, who
issued his certificate founded thereon,
certifying his election, which was pre-
scented to the Senate ON the 9Th day Of
April, together with a certified copy of
the oath taken by him before the Clerk
of the County Court of Montgomery,
as a candidate.
The Speaker of the Senate informed
your memorialist that he could not, by
the rules Of the Senate, be qualified and
allowed to take his seat, in the absence
of a quorum.
Your memorialist rested satisfied
with the Excuse come eight or ten days,
although he believed the universal
practice Of Legislative assemblages to
have been to admit and qualify mem
bers upon the production Of legal GER
tificatcs of election, as was done at the
organization Of the present Senate and
House, and as must be the case upon
the asscmblage Of every Legislative
body, as there can be no quorum until
after the qualification and admission of
members.
Upon some occasions, during the
suspension of his claim, the admission
of himself and members elect from
Smith and Sumner, a quorum of the
Senate would have been present, and
might have proceeded with the dis
charge of the business of the State.
After q delay Of some eight or ten
days, a quorum of the Senate appeared,
and upon the submission Of certificates
of election, instead Of allowing him to
take his seat in the usual manner, it
was referred to the Committee on
Elections, where it has since remained,
Your mcnorialist further alleges that
he is, in all respects, qualified as re-
quired by the Constitution of the State
that he was born in his district in
1893, and has, ever since, resided i'll it,
and has been a citizen of the United
States as well as Of this State. So far
as he knows, there has been no contes-
tant for his seat, and nc legal or reas-
enable excuse for keeping him longer
out oft.
He feels it his duty to represent truly
the people who have so generously cX'
tended to him their confidence, upon
the important measure now pending be-
fore the Senate, and upon which he be-
lieves the peace and prosperity of the
State in u great degree depends.
Your memorialist therefore respect
fully asks the Senate to have his case
at once disposed of, 80 that he may be
enabled to enter upon his duties.
CAVE JOHNSON.
Senator Senter introduced a bill to
indemnify loyal citizens for losses sus-
tanned in putting down the rebellion.
THE bill provides that the State OF
Tennessee shall assume, and undertake
to pay the loyal citizens of the State
for the following description of claims
lst. All live stock taken by the Fed
cral forces during their occupancy O.
the State.
ID. All buildings, fences, DC, dies
troyed by the Federal forces.
Sd. All property taken, used, dies
troyed, or occupied by the rebel forces
subsequent to the occupation of Eas
Tennessee by Gen. Burnside.
No claims ~collectable from the Gen
eral Government are to be embraced il
the above.
The bill further provides for the ap
pointment Of three Commissioners by
the Governor to represent the three
great divisions of the State, who shal
have all the powers Of a qualified Cour
to adjudicate claims, send for witnes
ses, ETC., etc, at a salary of So per day
each.
The claims in question are to be pait
in coupon bonds, or interest bearing
Treasury notes Of the State, bearin:
date July LIST, 1867, and falling du'
July LIST, 1871.
The Senate then adjourned until to
morrow at 0, A. NJ.
SATURDAY, April 81.
Senate bill No. 1862, by Mr.. Smith
To render competent certain person
as Witnesses.
SEC. |. Be it enacted by the Genera
Assembly of the State OF Tennessee
That no person shall be excluded fror
giving evidence in any matter, suit o
proceeding, civil or criminal, by reaso'
of any interest of such persons in tn
matter in question. or in the event G
the suit or proceeding in which his ties
timony may be offered, unless sue
persons be Individually a party to tn
record, in such matter, suit or proceed
ing. or unless such matter, suit or pre-
ceeding, be prosecuted or defended
either wholly or in part, in the imm'
diate and individual behalf of such pei
son, or unless such person be the hui:
band or wife of such party; and whe
such person is aparty to the record, h
shall be incompetent to testify excel
under the existing rules prescribed b
the Code.
SEC. 9. BE it further enacted, Th'
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