Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-13


There was still no quorum in the Senate
yesterday.
We present in full the proceedings of the
House, which will make a chapter in the
Legislative history of Tennessee, more
thoroughly disgraceful than any other page
of our annals. 1t was blasphemy to request
a minister TO preface it with prayer and the
invocation Of the Divine blessing. Here is
the record:
QUESTION or PRIVILEGE.
Mr.. Anell rose 10 = question Of privilege by
presenting the eredentals of Mr., st. Clair. mem
Der elect from Dyer and Lauderdale, and moved
that they be referred to the proper Committee.
Carried.
QUESTION OF ORDER
Mr.. ThOmburgh, from the Committee on Elec
tiOns to a question Of order, by stating that
be ready 10 report on the cases Of certain
new members, and asked to be allowed that priv
ilege.
Mr. Speaker Heskell said that he was not at
liberty 20 receive the report.
Repeated calls being made for the report Mr..
IhOrnburgh read the following:
The Committee on Elections have had under
consideration the credentials Of the following
gentlemen, to wit: Nathaniel Porter, Of Henry
county, w. ii. Sheppard, Of Hawkins, Hiram
Morris, Of Cannon, and d. A. Mum, of Haywood,
and have directed me to report the following res
OlutiOn:
Be Il ResolDed. Thatthe above mentioned mem
bers entitled to their seats, and the privileges
Of the House.
Mr.. Smith moved that the report be adopted.
On the calling Of the roll only 50 members an
swered 10 their names, when the Speaker decided
that there being no quorum present, the report
could not be acted upon.
Mr.. Smith moved that the new members. whose
cases had Just been reported upon, be sworn in.
The Speaker said that there being no quorum
present he was not at liberty to have them
Mr.. Smith then said that in that case he would
move that the Clerk be directed to swear them in.
The Speaker directed that the members referred
to come forward and be qualified.
Messrs. Sheppard. Morris, and Num- then came
forward and were duly qualified.
PETITION.
The regular business OF the House being in or
der. the following petition was read, and on mo-
ton referred to the Committee on Elections:
To THE HoN. WN. HEIsEELL.-Sir: As Re-
representatives. elect from various counties of the
State, we have been waiting for three days, with
our credentials in our hands in legal form. to be
admitted TO our seats, and have applied for such
admission from day TO day. Our admission would
have secured at once the requisite quorum for the
transaction of business. We now respectfully
demand 10 be admitted and qualified rs members
Of this House, in accordance with established
usage OF this House, and with well settled par
hamentaTy law.
W. X. Poston, Representative elect from Shelby;
Thomas IL. BledsOe, from Lincoln, Giles and
Marshall; A. r. Wynne from Sumner J. +.
Thomas, from Coffee Grundy and Van Buren,
A. i. Martin, from Jackson s. p: Walker, from
Steele. from Marshall; G. w. 0verstreet, from
Overton A. I. Nicks, from Dickson; n. Porter
from Henry; Asa Faulkner from Warren; c. n.
Ordway, from Giles W. B. Lewis, from David
son, and VIM. Simmons, from Franklin.
ADDITIONAL CREDENTIALS.
The credentials of Messrs Thomas, Of Coffee,
and Overstreet, of Overton, were presented, and
on motion, referred TO the Committee on Elec-
tons.
Mr.. Hood, from the Committee on Enrolled
Bills. wished to read report, when
Mr.. Mullins objected, saying he did not recOg-
niZe Mr.. Hood az a member Of the House.
Mr.. Hood did not read the report.
The Speaker said he wished to have announced
the names fthe members TO be added TO the Com
mittee on Elections
Mr.. Arnell objected, stating that as at present
constituted, the committee was large enough.
Mr.. Mullins moved that the Committee on
Elections have power to send for persons and pa
pers. Carried.
RESOLUTIONS.
BY Mr. Williams: That in future the House
meet at nine instead of ten o'clock take recess
from twelve to two, aud adjourn ut five O'Clock
Laid over.
4 CONTESTED SEAT.
The following paper was submitted, and on mo-
ton referred 10 the Committee on Elections
STATE OF TENNEssEE-TO the Honorable, the
House of Representatives: As provided by article
2, section II of the Constitution of Tennessee. you
are the judges of the qualification and election of
your members. Under this, | desire to contest
the election, as held in Davidson county, on Sat
urday, NJ arch 3lst, 1866. at which Mai. VIM. Il. |
Lewis has n majority of the votes pOlled for Rep
resentativc for said county.
Major Lewis was not legally elected therefore |
contest said election, and protest against his be-
ing admitted as a member. | the opposing
candidate, and received majority of the legal
votes cast
lst Waving for the present the question of
the legality of the election, under the laws which
it pretended TO have been held, instead of the
general ticket under the amended Constitution,
schedule and resolution, under and by which you |
were elected, and hold your seats, until the regu
lar election in 1861 Consequently the legal vo-
tiers all over the State have right to vote for the
member from Davidson.
propose, however to show that the Major is
not entitled to be admitted as a member of your
honorable body.
under the general ticket system, and to hold his
seat until the regular election in 1861. But. in
stead of this, he unlawtully and coEtemptuOusly
agreed, combined and cOniederated with twenty |
odd other members TO Secede, bolt and break up
the Legislature, and did See his circular an
nOuncing himself a candidate for reelection.
Hence, your honorable body has been without |
quorum, and he Is now attempting to be Endorsed
and returned, not by those who first elected him,
but by the disloyalists Of Davidson co:nty, TO
again break up the Legislature. Therefore. he is
not qualified and every vote cast for him was a
nulity, and contempt to the majority of your
body.
3d. The election was not legally and regularly
held, even rs directed under the GOUerHOr's pro
ctdmdtOH, and the Franchise act, as it is termed
In most precincts and voting places in said county
the law was dlsregaTied and almost entirely tg-
fOred.
In this, the seventh section of said franchise
law, passed 9th of June, 1863, was not complied
with. The judges of the election were not quail
fed "a therein required. Consequently, they had
no power to hold said election. This was the case
at each voting place, except the 10th Regulars and
9TH Cavalry, the 4th, 9th, 9th and 9TH Wards of
the city of Nashville. Consequently, the votes for
this reason alone, at all other places Illegal
and cannot be counted.
n nru he votes he ted NJ
no other oath was administered TO the judges, ex-
cept the oath in said 9TH section.
4th. All the votes east for Major W. b. Lewis
were illegal for another reason. Not competent
legal, qualified voters as contemplated by said
franchise law. The challenges disregarded when
only made and the oath as laid down in said It'll
section, not administered, and no proof of loyalty
signed, instead of unconditional Union men, and
so publicly known from the outbreak of the re-
bellon, the reverse was publicly known TO the
judges, and said voters otherwise not qualified
voters.
Therefore the whole vote cast for Major W. b.
Lewis is challenged upon this as well as all other
legal grounds. and should not be computed in said
aggregate vote.
| believe the only two voting places held in
strict conformity with the laws of the State, and
the voters legal and qualified were the t~o mill
taTy voting places, returned to the Secretary of
State. These and the ith, 9Th, and 9th Wards, |
am willing 10 consent to be legal exceDt the lille
gal voters in said Wards should be thrown out.
Consequently, | am elected by a majority of the
legal voters. | am prepared to make the proof as
your honorable body may require
NJ. NJ. BRIEN, SR.,
APRIL 3D. 1866. Nashville, Tenn.
The certificate Of election furnished by the Sher-
i'll Of Davidson county, was also read, declaring
the vote in that county to have stood: Lewis
2,j19 Brien, ass; which. on motion, referred
to the Committee on Elections.
THE FRANCHISE BILL.
Themoruing business having been gone through
with. on motion Of Mr.. Rauston, House bill, No
sos, known as the franchise bill, was taken up
its third reading, and passed by the following
vote:
Ayes-McSsrs. Anderson, Arnell. Backman,
Clinran, Donaldson. Doughty. Dowdy, Duggan
FusOn, Garner, Gilmor, Grimmett Hudson, Hale
Inmun, Jones, of Greene. Jones, of Claiborne
kercheval, Mason, Maxwell. McNair. Melton,
Morris, Mullins, Murphy, Norman, Patton, Por-
ter, Pickett, Raulston, sheppard ShultZ. Smith,
of Obion, SnOdderly, Thomburgh, Underwood
Waters. Walker Of Rhea, WEIGH. Woodcock and
WoOd-4l.
Nays-Messrs. Baker, Coward Elliott Grove
Marable, Moss, Mum. Parks, Richards Simmer
ly. Smith of llardeman, Stegald. Warren, Wines
and Mr.. Speaker Heiskell-l5.
On motion, the House adjourned until o'clock.
P. n.
THE NEW ORLEANS RACES.