Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-03-09
THE TENNESSEE CON-
GRESSMEN.

Their Admission ON the<Ground
That the Election was Held at
the Wrong Time.
We copy the following from the OIL
cial report of the proceedings OF the
Houee of Representatives, Saturday,
March 4:
The Speaker-Is there a6y objection to
the delegation from Tennessee being
sworn in2
Mr.. Stevenson-I object TO The swear
ing in of the delegation from the State
of Tennessee upon the ground that the
law under which they claim to have been
elected has been repealed, and that there
fore they were elected without sanction
of law. :,
The Speaker. The question is, Shall
the Tennessee delegation be sworn in
Mr.. Stevenson move that the Gre
dentials of the delegation from Tennes-
see be ordered to be referred to the Com
mittee on Elections when hereafter ap-
pointed.
Mr.. Dawes.-Let me suggest to the
gentleman from Ohio (Mr. SteVenson)
whether it would not be better, by COM
mon consent, to complete the organlza-
ton of the House by general resolution.
Is there any objection to that proceedings
The Speaker. The Chair understands
that all the members who are not Cd
jected to have now been sworn IN.
MIR. Dawes-If there be no objection,
will offer such resolution as have IN
dictated.
Mr.. Wood think that this prelini-
nary question as to the right of members
tn he sworn in should first be disposed OF,
so that those entitled to be sworn IN may
narticipate in the further proceedings To-
ward organizing the House. L think 1t
would be well to dispose of these ques-
tons before proceeding to the TURNER
election of officers.
Mr.. Farnsworth-How many members
are there objected tos .,,.
The Speaker-All of the eight members
from Tennessee, the whole i've from
| Mississippi, and Mr.. Waddell, the gentle.
man elected from the third district OF
| North Carolina-fourteen in all.
Mr.. Kerr-If it be the pleasure OF the
| House I would like to be heard In refer
ence to the right of the gentlemen from
| Tennessee to be sworn IN.
| The Speaker-The case OF the Iennes-
see delegation will be regarded as the first
question pending. The gentleman from
Ohio TMr. Stevenson moves that the Gre
dentials of those claiming seats as Repre-
sentatiyes from Tennessee be referred 10
the Committee on Elections when herea1-
ter appointed.
| Mr.. Steyenson.-I present and ask the
Clerk to read the remonstrance which L
send to the desk.
The Clerk read as follows:
| s.The undersigned, a citizen OF the
State of Tennessee and of the United
States of America, respectfully protests
AGAINST the admission to seats IN the
House of Representatives of the Forty
Second Congress of the following named
persons claiming seats therein as Repre-
sentatiyes from the State of Tennessee,
namely: r. r. Butler, Horace MAYNARD,
A. E. Garrett, John NJ. Bright, b. j. COL
laday, w. c. Whitthorne, r. |. Cald-
well, and w. w. Vaughan, and submit
the following grounds of protest:
| "These gentlemen were not elected &C
| cording to the laws of the State OF Ten
nessee relating to thu election OF Repre-
sentatives in Congress, in force at the
date of the pretended election, by virtue
| of which they claim admission to seats
'cThey claim to have been chosen on
the Ssh day of November, A. ID. 1870,
whereas the law then in force required
that the election of Representative III
| Congress from said State Should be h,ld
| on the 1st Thursday of August IN the
present year, which will clearly appear
from the following statement:
'In the year 1858, Code for said state
was enacted, which provided by section
eight hundred and twenty fiveof title six,
| cbapter two, article three, that elections
for Representatives in Congress from said
State should be held on the first Thurs'
, day of August, of eacl alternate year,
, | dating from August, 1885. This proVl
sion of the Code remained in force unit
the 2Sth day of Feb, 1868, when an ac
| was passed by the Legislature OF salC
, | Sat. fixing the date of election for Rep
II sentatives in Congress on the first Mon
| day in November of every second year
: | beginning with November, 1868; which
| | act renamed in force until the 18th daI
June. 1870, when another act on the sub
3 | i9ct was passed by The General Assembly
| of said State. tue third sections of which
} last named act expressly reviVes and re
| euacts title six, chapter two, article three
of the Code. and restores the first Thurs
: day in August as the date for the election
r of Representatives in Congress from SAT-
State; and section five of said act re
peals all former laws in conflict with sal
act: and this last mentioned act was il
force at the date of said pretended cleo
ton on the 9Th day of November, 1870
j and so remains in force to this day.
I THE laws above referred to and cite
are in the words and figures following
q Section eight hundred and twenty-five
2 title six, chapter two, article three, is
: follows:
1926. All popular elections in thi
0 State shall be held at the followin
q tines
. "a2. For Governor of the State, Rep
Q | resentatives in Congress, and members G
the General Assembly, on the first Thur;
q day in August every second year, coun
: ing from the first Thursday in Angus
Y 1885,
|. s'Section one of act ofsFeb. %, 116E
is as follows:
r "'Section l. Be it enacted by the Ger
f eral Assembly of the State of Tennessee
e That the next election of Representative
to the Congress of the United States fror
/ the State of Tennessee shall be on tn
Tuesday next after the first Monday
: November, 1868, and on the first Tue!
It day after the first Monday in Novembe
Y every second year thereafter.
d ''Sections three and five of act of Jun
G Is, 1870, are as follows:
"Sec. 8. Be it enacted, That tit
i six, chapter two, articles three, four, five
v six, seven and eight of the Code of Ter
8 nessee, relating to elections by the pee
q | pie, be, and the same are hereby, II
r enacted and revived, except as altered {
repealed by this act
7 80 Sec. 8. Be it enacted, That all law
S in conflict with this act are hereby II
l. pesled.'
e Therefore, for these and other res
re sors not herein specified, the undersigne
o humbly protests against the admission t
e seats in the House of Representatives {
n the FOTty-secOnd Congress of the above