Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-22
House Of Representatives.

SATURDAY, July q, 18G6.-The House was
called to order at 10 o'clock.
On call of the roll being had, fifty-two
members answered to their names.
On motion of Mr. SMITH, Of Hardeman,
the use of the Hall was rendered to General
GEO. IL. THOMAS President of the Tennes-
see Colonial and Immigration Company, for
the purpose of holding meeting on next
Monday afternoon, to promote the objects OF
the association.
Mr.. MULLINS, from the Special Com
mittee appointed to draft resolutions on the
death of Hon. SAMUEL r. RODGERS, sub
mitted resolutions, which were adopted
unanimously. [They will be found in the
Senate proceedings.l
Mr.. JARVIS submitted the following
protest, which he asked to have read and re-
corded on the Journal:
The undersigned solemnly protest against
the action of the House of Representatives
on the 10Th inst, upon the Senate resolution
adopting the proposed amendment to the
Constitution of the United States for the
following reasons, to-wit:
FIRST. Being called upon as one of the
States of the Union to ratify tue proposed
amendment preparatory to the admission Of
our members to the National Congress, and
the said Congress having failed as yet to re-
cognize the State of Tennessee as State IN
the Union, by admitting our Senators and
Representatives, Is, in our opinion, an adj
mission of the right of State to secede
from the Federal compact, because the 9th
article of the Constitution Of the United
States SAYS, "no State shall be deprived of
its suffrage in the Senate" This clearly
places the State in a probationary or terri
torial condition, and as such, the action OF
this Legislature in regard to the amendment,
would not be legitimate.
SECOND. Because the amendment mostly
effects the States now without representation,
and the States thus had no voice in prOpOs-
ing it, and because q measure Of such great
importance to the people Of Tennessee should
not be thrust upon them without their sane
ton. and without full and free discussion.
and without reference to any appropriate
committee.
THIRD. Because there was not quorum
in the House voting when the resolution
was said to be passed The House being
composed Of eighty-four members 1t was de-
termined in the early organization OF the
House TO establish a quorum, as provided by
the Constitution, of two-thirds Of its mem
bers-being iifty-six members, and upon the
vote being taken upon the resolution, only
fifty-four members answered to their names,
and the Speaker, who is the sole judge
upon question Of quorum, announced
there was no quorum present. and from
whose Judgment, or decision, the Speaker
had no right to entertain a motion for an
appeal or to occupy his chair as a Speaker
until quorum should appear. Neverthe-
less, contrary to our opinion Of the law and
the parliamentary usage, the Speaker did
occupy his chair and did entertain a mo-
ton for an appeal from his decision, and the
House, by a majority Of the members pres
ent. reserved the decision of the chair, on
the ground that two members were under
arrest in an adjoining room, and which two
members under arrest did not vote, and
were counted TO contribute a quorum.
FOURTH. Because the House had not at
the time, or previous thereto, had read TO it
the Governors message announcing the pur-
roses for which they were called together.
FIFTH. Because the amendment transfers
certain State rights 10 the Congress Of the
United States, and authorizes Congress to fix
the elective franchise Of the States, and OBJ
literates all distinctions in regsrd 70 races
except Indians not taxed; anc fixes the
basis of representation so the former three
fiflhs basis upon the eolOred population viii
be lost until Congress may see ST by this
amendment, to give them the elective fran
ehise; and, because upon the great principle
Of equality, il thesState has basis Of repre-
sentation upon the disfranchised white vo-
tiers, ii would be,equally just 10 have it upon
the freedmen not yei allowed the elective
franchise. Thesamendment also transfers 70
Congress the right to prescribe the quali6-
cations Of State officers, and repudiates the
lust claims Of loyal men, who had the as
suranee by the United States should be paid;
and because the power viii be vested in Con-
gress to enforce it by appropriate legislation.
j.. NJ. JARVIS,
JSO. r. SCHULTZ,
S. l. WARREN,
g. II. GROVE,
J. G. CLnSGAN,
]. ]. SrEAaALD.
Mr.. MULLINS objected 70 having it
placed en- the Journal, and moved it sheuld
Be referred 10 a COMMITTEES.
Mr.. JARVIS eontended that the signers
had an undispuled right under the Constitu-
ton to have their protest recorded