Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-09-05

THE Democratic victory in Cali
fornia creates a tremor in the Radical
camp for the fate of the fifteenth
amendment, on which its very exis-
tenee is now staked. Only twelve
States so far, are known to have rati-
fed it, and part of these under force of
the bayonet. There is evident anxiety
in Washington to secure Tennessee,
upon which the issue may depend. a
special to the Cincinnati Commercial,
dated Washington, August 31st, is as
follows:
1t has transpired that President Grant,
carrying out the Endorsement of the hf-
teenth amendment made in his inaugural,
and demanding of the Senter men in Ten
nessee a fulhlment of their promises to
ratify il, was among the first to urge an
extra session of the old Legislature of the
State for that purpose.
Private advices from Nashville nave
been received here regarding this subject,
which contain the information that the
Constitution virtually destroys the power
Of the old Legislature to act in the premi-
ses, by a provision which entities the
Legislature elect TO assume the duties Of
office Immediately after election. The
result of a proclamation for IN extra ses-
sion would, under this construction, be
the assembling of the new Legislature,
and the rejection of the amendment. The
State may therefore be counted as
against it.
That the old Legislature is not in
existence is plain enough, unless there
can be two Legislatures at the same
time. The Constitutional provision is
as follows: 1.-THE first election for
Senators and Representatives shall be
held on the first Thursday in August,
one thousand eight hundred and
thirty-fve; and forever thereafter
elections for members of the General
Assembly shall be held once in two
years, on the first Thursday in Au-
gust; said elections shall terminate
the same day" Another provision is
that " the first session Of the General
Assembly shall commence on the first
Monday in October, one thousand
eight hundred and thirty-five; and
forever thereafter the General Assem-
bly, shall meet in October next ensuing
the elections" There is no provision
for members holding over, and the
certificate of election or the proof of
that fact is the only ground on which
they can apply for admission to their
seats, of qualification for which the
members elect, assembled as a
legislative body, are the only
competent judges. An election
at the last regular August election is
the only fact required to be made
known on a new meeting of the Leg
islature. A certificate of election in
1867 would be no more competent
proof of qualification for a seat in a
Legislature convened after the Au-
gust election of 1869 than a GER
tifcate of having been elected in
1865 would be. And a newly
elected member will be entitled
to his seat against another elected
at any previous regular election. A
reelected member stands on the same
footing, so far as any new convention
of the Legislature is concerned, as a
newly elected member. Everything
therefore depends on the new, and
not on the old Legislature, which is
now fimctus o6scio. There is neither
any provision in the Constitution for
holding over, nor, as in the case of
the Executive, any necessity for it.
The Legislature might not convene
for the whole year, or might only meet
and adjourn, and the Government
would go on under old provisions all
the same, and there would be no in
terregnum.
The telegram given above indicates
that Gen. GRANT was possessed with
the idea that the old Legislature
might meet and carry his pet amend
ment project against the wishes of the
people, or without their expressed
and ascertained sanction. But,
as he is only about as great a
statesman as he is public speaker,
it may not he extremely immOd-
est to dissent from his opinion, and
to say that snap judgment game is
blocked so far as Tennessee Is on
cerned. What the new Legislature
will do Is another matter, and TO be
seen. AS the State has not yet voted
for universal suffrage, they may think
il proper to wait instructions. None
can pretend they are under instruc-
tons to vote to fix negro suffrage on
the whole country-not even those
who contend they are instructed to
fix it on our own State. If that thing
is ever done it will be from sheer tim
idity, or policy, or from fear of the
government, which has not spoken its
will, as compelled TO do for once, I'M
der the forms of the Constitution. So
children fear hobgOblins and ghosts,
where there is nothing to fear.