Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-08
Ancient Landmarks.

The New York World makes much ado in thank
ing President johnson for directing Secretary Stan
ton 10 refuse Gov. B7owRlows request for troops Ia
aid the Legislature Of Tennessee in compelling a
nuorum of their members 10 attend in order to vote
on the Constitutions, Amendment The World
lands the President for restoring the ancient land
marks Of our constitutional Government Let rs
see what kind Of act calls forth this Copperbead
praise.
The Constitution of the United States, and #
most States in the Union including Tennessee con
tsns clause providi that wo-thirds of the whole
number of members shall constitute quorum TO do
business, but a smaller number may adjourn from
day TO day. and may be authorized to compel the
attendance of absent member. in such manner and
under such penalties as each House may provide
For the purpose of compelling attendance of absent
members necessary 10 make quorum. the members
actually present under the Governors call constitu
ted the Legislature of Tennessee. The Constitu-
ton of the United States further provides that thr
limited States 4" shall son the application of the
Legislature of Slate of the Executive when the
Legislature cannot be c0nven protect each State
against domestic violence In the present instance
several members Of the Tennessee Legislature IN
order to prevent quorum, refused 20 be present
TO vote Two of them we're arrested ny the Ser
gesnt-at-arms in obedience 20 the Constitution Of
Tennessee and the mandate Of the House, and in
CONFORMITY with the constitution # every organized
body from the British Parliament the American
Congress down to the smallest village Council that
rebel Judge, Frazier in contempt of the House re
leased the two arrested, and sent the Sheriff
10 arres; the Sergeant-at- Arms. In the night the
Sheriff with twenty FIVE accompces broke into the
Capitol and arrested the Sergeant-at- Arms. This
was not only domestic violence, il Of clear
rebellion against the lawful powers Of the Legisla-
ture on the part of persons who either wholly
ignorant Of those powers, ~ who were prepared
consciously and intentionally 10 defy them. In
either view, it was jus thu case expressed by the
Constitution of the United States when it provides
that the United States may, on application Of thu
Legislature or Governor Of State protect Il bV
military force against domestic violence. The ap-
plication of Gov Brownow for military aid was
one strictly within the letter OF the Constitution of
the United States. It cannot be denied that the
Governor acted within his authority in converting
the Legislature, that any number less than quorum
had the right TO compel absent members 20 attend
and VOTE and TO arrest and imprisen them if they
refused that State couT. would have the right
lawful power TO discharge persons 50 arrested or
arrest the Sergeant alarms Of q legislative body
while il attendance upon its sessions and for obey
ing its orders. Hence the Sheriff and his accom-
plces acting in rebellion against the State of
Tennessee, and il was the clear duty Of the PreSi-
dent 10 have furnished military force 20 suppress
such rebellion. No act of President Johnsons
administration is so unconstitutional rs his refusal
10 comply with this request Of Gov. Brownlow- No
act OF Secretary Stanton will jnhict go deep stain
his reputation his consent to be the instrument
of such q refusal. Fortunately the force which the
Governor and Legislature had AT command awaited
for their purpose The full two-thirds of the whole
number of members elected were procured, and the
Amendment was passed. Nevertheless the fact re
mains that Andrew johnson, when requested 10
lend military force to suppress the rebellion in Ten
nessee, refused and this, Copperhesds would have
re helleVe, is restoring the ancient landmarks OF
the Constitution. Chicago Tribune