Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-17

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senate.
MONDAY, July 16, IS66.-The Senate me-
pursuant 70 sdiournment-Mr Speaker
FRIERSON in the chair and eighteen
members present
Mr.. FRAZIER, of Knox. offered the fol.
lowing protest;
The undersigned respectfully ask that the
following protes: to the action Of the Senate
in passing the constitutional amendment
submitted by the Congress of the United
States TO the Legislature Of Tennessee. be
permitted 10 be spread upon the journal OF
the Senate Upon the passage Of this
amendment the majority in the Senate have
manifested a striking disregard for the
opinions Of the minority. They have treat
ed every amendment or other proposition
offered by the minority with great discour-
tesy and seeming disrespect Every amend
ment offered has been laid upon the table
without afiording its friends an opportunity
Of discussing its merits, or fully explaining
its object. When the Union question came
up for final consideration, all debate was
silenced and refused under a peremptory
call for the previous question, notwithstand-
ing previous assurances had been given that
time for ample discussion would be allowed.
Whereupon the undersigned feel constrained
10 protest against the whole course and &C
ton of the Senate in the ratification of the
proposed amendment, and in support of such
protest, the undersigned respectfully submit
the following reasons:
FIRST. Inthe opinion ofthe undersigned,
the proposed amendment to the Constitu-
ton is concluded in language ambiguous,
uncertain and liable to various constructions,
concealing a purpose to strike down and
overthrow the legitimate rights of the States
and consolidate all power in the hands of a
great centralized Government. Entertain
ing these views in regard 10 the whole prop
OsitiOn, the undersigned were unwilling to
see It ratified and become part of the Con-
stitution without more qualifying conditions.
We accordingly proposed a proviso to the
resolution adopting the amendment, by
which it was provided that said Constitution
al amendment should not be construed so as
TO confer upon negroes or free persons of
color, the right to exercise the elective fran
chise, to hold Office, sit upon iuries, or inter-
marry with white persons, or be 50 construed
as 10 abridge or diminish the rights of the
States under the present Constitution. This
amendment was rejected by the Senate.
ion that, as the Congress of the United
States had refused to permit the State- of
Tennessee TO have any participation in the
administration of the general Government,
or any part in the passage of the amend
ment, that the Legislature had no power,
with its present recognized relations to the
Government, as defined by the present Con-
gress, to take any action upon said amend
ment
THIRDLY. The undersigned are further Of
opinion, admitting that the amendment had
been duly passed by Congress, and that the
Legislature had the power to ratify the same,
still, as the State had no representation in
Congress, and the present Legislature had no
direct instruction from the people, that it
would be a palpable violation or every prin-
ciple Of free government to force upon the
people of Tennessee such an amendment of
the Constitution, without first having by
some mode obtained their consent and appro-
baton. 1t was therefore proposed by the
undersigned to submit said amendment TO
the people for their ratification or rejection,
as instructive to the Legislature, to be acted
upon at the regular adjourned meeting in
November next. This was also rejected by
the Senate.
FoURTBLY. The undersigned are furt herof
opinion that the proposed amendment was
not passed by Congress in pursuance of
the requirement Of the seventh section
and first article of the Constitution
Of the United States, which requires all
laws, resolutions and orders to be submitted
to the President for his appreciation or re-
lection, giving him a qualified veto in the
passage Of all acts Of Congress and all con-
current resolutions. And it being an undis-
puted fact that the resolution of Congress
the said amendment has never
been submitted to the President in the form
above prescribed we therefore believe
that the Legislature Of Tennessee has no
right to act upon said amendment until it
has full assurance that such amendment has
been properly passed by Congress under all
the forms prescribed by the Constitution.
AND LAsTLY. 1t seemed to the undersigned
that although the Legislature might wholly
ignore all right of the people to instruct
them, and their consent and appreciation to
,aid amendment, and although they might
force upon the people an amendment of the
Constitution materially changing their rights,
privileges and immunities as a people, still,
hat a decent respect for the opinions of
mankind demands that there should bea full
Legislature. That there should be members
from every county and district as provided
by the Constitution and laws of the State,
when in fact it is well known, not only to
Inc undersigned, but to the honorable Sen
lte, that there is at least one-fourth of the
legislative districts of the State unrepre-
lented the present assembly. All Of which
IS respectfully submitted.
B. FRAZIER.
j d. JOHNSON