Manuscript, Archives,
and Rare Book Library
ADDRESS
TO( THE
PEOPLE OF TENNESSEE
ST THE
WHIG MEMBERS
OF THE
TWENTY-FOURTH GENERAL ASSEMBLY.
NASHVlLLEi
PRINTED BY W, F. BANG & CO. & C. C. NORVELL,
1842.
4
State is now entitled. It therefore devolves on the undersign¬
ed as your representatives, the painful duty of showing, from
the faithful and incontestible records of the country, that
they have done this in direct violation of the Federal Consti¬
tution, in violation of the Constitution of this State, in diso¬
bedience to and in contempt of a joint resolution of the Gen¬
eral Assembly, and in utter disregard of the rights of the ma¬
jority and of the expressed will of the People.
That none may forget, we will first briefly recapitulate a
few facts. By the death of the Hon. Felix Grundy5 and by
the expiration of the term to which the Hon. Alexander An¬
derson was elected, your two seats in the National Senate
were vacated. Your Executive could, under the powers of
the Constitution, only fill such vacancies till the first meeting
of the General Assembly of the State. Under a knowledge
of this fact, and of the fact, that the election of the two Sen¬
ators in Congress would devolve on the Legislature chosen in
August last, both political parties in the State went to the
polls with a resolution to employ every energy to secure such
a majority in the Legislature as would enable them to send
those advocating their own principles to the national Senate.
The Legislature was chosen, and the popular will indicated
a Whig majority in that body. In October, according to a
provision in the Constitution, this Legislature met at Nash¬
ville and organized as a General Assembly of the State.
That it was the constitutional duty of this General Assem¬
bly to elect for you two Senators to the Congress of the
United States, none had then doubted, and lest any now
doubt we will here prove by reference to the Constitution of
the United States itself. In the third section and first arti¬
cle of that sacred instrument, it is expressly ordained that,
"The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislatures thereof for
six years." And in the second sentence of the same section
and article, it is positively declared that—"If vacancies
happen by resignation or otherwise during the recess of the
Legislature ol any State, the Executive thereof may make
temporary appointments until the next meeting of the Legis¬
lature, which shall then fill such vacanciesHere is the duty
positively enjoined, and under precisely the circumstances
that existed at the beginning of the present session of this
5
General Assembly. It is not only enjoined, but it is equally
clear that there is no authority any where known to the Con¬
stitution by which Senators can be made, if the Legislature
fail to discharge this duty.
The pressing necessity for the election of Senators in Con¬
gress was felt by all. When this General Assembly convened
in October, the facts that the American Congress would
come together in the early part of December, and that Ten¬
nessee's vacant seats would be unfilled, unless with a prompt
action of the Legislature, could not but have created a so¬
licitude in the bosom of every patriot citizen of the State.
At no period of time since the American revolution did the
rights and the interests, the prosperity and the security of
the South and West more imperatively call upon each State
to stand in all her power in the council chambers of the na¬
tion. Need we remind you, fellow-citizens, that at the pre¬
sent session of Congress, Tennessee's representation and of
course her political power in that august body, is to be fixed
for the next ten years? Need we remind you that upon the
careful attention by the South and West of their due and
and constitutional Federal power in representation depends
their security of possession and title to Slaves? depends their
successful and rightful enjoyment of reward and profit from
the industrious cultivation and production of the great sta¬
ples of soil and climate? depends their interests in the long
and unmitigated yet continued conflict between the manu¬
facturing and agricultural States, for free trade or a protec¬
tive tariff? depends the fulfillment of that high moral, in¬
tellectual and physical power, which awaits the mighty
population destined to fill the great Valley of the Mississippi?
These are truths, too well known to repeat—too important
to be forgotten. Yet the thirteen individuals in your Gen¬
eral Assembly, styling themselves democratic Senators, with
these striking facts before their eyes, have utterly refused
to aid in electing for you Senators to the United States Con¬
gress.
Under a solemn conviction that it was the duty of this
General Assembly to elect Senators in Congress in time to
permit them to reach Washington by the meeting of Con¬
gress, the Whig members early in the session introduced
resolution after resolution to secure that object; and though
6
such resolutions were as often adopted in the House of Rep¬
resentatives, yet when transmitted to the Senate, they were
as often rejected by the thirteen Senators calling themselves
"democrats." Every obstacle and every artifice, accompa¬
nied with long and protracted speeches, costing the State a
heavy per diem expenditure, was thrown in the way of thosb
who endeavored to carry out the injunction of the Constitu¬
tion by electing for you two Senators in Congress.
The pretext on which the thirteen Senators at that period
chiefly relied for this gross abandonment of your interests
and of their duty, was, that certain interrogatories pro¬
pounded by them to certain gentlemen, private individuals of
the Whig party, had not been answered in a manner to give
satisfaction to these thirteen Senators, calling themselves
democrats. They had seen proper to hunt out two unob¬
trusive individuals of the Whig party, who had not declared
themselves candidates for any office, and who had never
asked or expected the thirteen Senators, calling themselves
democrats, to vote for them under any circumstances; and
to these private gentlemen they proceeded to apply the fac¬
tious torture of a self-constituted inquisition, as insulting as
it was novel, and as novel as it was tyrannical and Uncalled
for. Because, these gentlemen, having the souls of gallant
Tennesseans in their bosoms, made such indignant reply as
the representatives of freemen should always give to the
pliant instruments of inquisitorial oppression, these thirteen
Senators saw proper to assume that they therefore ought not
to permit any Senators in Congress whatever to be elected!
We appeal to the freemen of the State if this is a valid rea¬
son why they should fail to discharge the duty imposed on
them by the Constitution, their allegiance to the State, and
their oaths of office!
Might they not as well have called on any other individuals
in the State, who neither asked or declined office, and de¬
manded answers to their partizan interrogatories—and if re¬
fused, decline voting for Senators at all? Did they not al¬
ready know the political opinions of the gentlemen interroga¬
ted? Surely they did! Had they any other object in view,
in propounding such interrogatories, than to subserve the pur¬
poses of "party," by finesse and trick? All know they had
not! Was ever there such an example of a political inquisi-
7
tion before heard of in the State, prior to going into the elec¬
tion of Senators to Congress? Were ever distinguished gen¬
tlemen, in the good honest days when such men as White
and Jackson were your Senators, asked to throw aside the
dignity of aspirants to the United States Senate, and, Spaniel
like, humble themselves before a little party faction of the
Legislature? No—fellow-citizens! You will bear us witness
that this is the first time in the annals of the State, in which
any such record is made of the high vaultings of faction.
But let us examine into this doctrine, a little further. The
thirteen Senators calling themselves democrats, refuse to elect
Senators at all, because certain gentlemen would not answer
their interrogatories as they desired! Have they any right to ex¬
ercise such an option under the Constitution? Are your Rep¬
resentatives in the Legislature not as much bound by the or¬
dinances of the Constitution, as your Executive, or your
Judical officers? Is not your very Government, one of consti¬
tution and laws—and if so, how dare your representatives or
agents to set them aside, and act under their own freaks of
fancy alone? Suppose the Judges of your courts were also to
set aside the injunctions of the Constitution, and obstinately
at their will refuse to hold their courts or to administer the
law, because, forsooth, some gentleman was so unfortunate as
to give them personal offence? Or suppose the Governor
obstinately at his will should refuse to execute the laws, re¬
gardless of the Constitution, because of some such out door
pretext? Do you not see fellow-citizens, what such a state of
things would lead to? And yet your Governor, your Judges,
your Attorney General, your Comptroller, your Treasurer,
and all your public agents are under no more obligations to
obey the mandates of the Constitution and Laws than are
your Representatives or agents in the Legislature. To se¬
cure the continued and regular operation of the Government,
the duties of every agent in the different departments must
be constantly and strictly performed without intermission.
A dereliction of such constitutional duty, if winked at by the
people, must ultimately lead to anarchy and an overthrow of
popular institutions. We cannot too earnestly impress this
truth. Should you from party attachment or personal con¬
siderations look with an eye of indifference upon the refusal
of your agents to discharge the duties enjoined on them, a
8
fearful inducement to an abandonment of duty, and to the
repetition of like refusals, will be afforded them; and that en¬
couragement to patriotic exertion to guard the constitution
and rights of the people from assault, which was extended in
the better days of the Republic being withdrawn, you may
reasonably expect to see public virtue perish and public lib¬
erty go down with it to the grave.
We must here remark that the Whig Representatives as
well as the gentlemen refusing to answer the interrogatories
as propounded, unconditionally admit, and unequivocally
recognize, the right of the people (or the constituency) to
question candidates or members elect, and their paramount
duty to answer, when made in good faith for knowledge or
information. Nor can the pretext that the democratic party
have a majority in the Senate, excuse them from their out¬
rage upon your rights and the constitution, for such excuse
is without the semblance of truth. If the Senatorial districts
were fairly represented, so as to reflect the political opinions
of the people, none , with a knowledge of the facts, doubt that
the Whigs would have a majority in the Senate. The so
called democratic Senator from White, does not conceal the
fact that he represents a Whig district—which would, if
fairly represented give the whigs a majority of 'one in the
Senate, to say nothing of the two districts represented by the
Senators from Rhea and Fayette—of the political complex¬
ion of which, to say the least, there is great doubt. As this
admission of the Senator representing the district composed
of White, Overton, Jackson, and Fentriss, is on record, we
here to avoid dispute copy it from the journal of the Senate.
"Mr. Turney offered the following amendment in lieu of
the amendment offered by Mr. Williams—wand the counties
of White, Jackson, Overton, and Fentriss contains a majority
of Whigs, the senatorial district of the Senator from White. "
The sense of the Senate being had upon the amendment so .of¬
fered, by Mr. Turney of White, the Senators who voted for its
adoption as true, were Messrs. Ashe, Bradbury, Foster, Frey,
Jennings, Ledbetter, Motley, Nelson, Peyton, Sevier, Will¬
iams, and Speaker Turney, (Mr. Reneau, being absent from
sickness.")
This together with the facts that the whigs have a majori¬
ty in the House, a majority on joint ballot of the two Houses^
9
and a majority before the people in the vote for Governor, of
more than three thousand votes, shows conclusively that the
present Senate does not truly reflect the will and opinions of
the people.
At length, impressed with these truths, one of the so call¬
ed democratic Senators, yielded his position. On the 1st1
day of December, 1841, Mr. Turney, the Senator from White
county, called up resolutions previously introduced by him,
to go into the election of Senators in Congress. These resolu--
tions, after amendments, were, by the votes of the Whig
Senators and the vote of the Senator from White, on that
day adopted. Said resolutions, with the action of the Senate
thereon, were as follows:
In Senate, December 1st, 1841.
The Senate on motion of Mr. Turney, took up the follow¬
ing resolution, submitted by Mr.Turney on the 28th of Octo¬
ber, 1841.
Resolved, By the General Assembly of the State of Ten¬
nessee, that the Senate meet the House of Representatives in
their Hall on the day of to elect a Senator to the
Congress of the United States to fill the unexpired term of
Felix Grundy deceased.
Mr. Turney asked and obtained leave to fill the blanks in
said resolution with "Friday the 3d day of December, 1841,"
which was accordingly done. Mr. Turney moved the follow¬
ing amendment to said resolution:
Resolved further, That the Senate meet the House of Rep¬
resentatives on Thursday the 2d day of December 1841, to
elect a Senator in the Congress of the United States, for six
years, to succeed the Honorable Alexander Anderson, from
4th March last; which amendment being read—the question
"shall said amendment be adopted," being had, was determin¬
ed in the affirmative—Ayes 13. Noes 12.
The ayes and noes being demanded, the affirmative voters
were Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Led-
better, Motley, Nelson, Peyton, Reneau, Sevier, Williams and
Mr. Speaker Turney—13.
The negative voters were Messrs. Gardner, Hardwicke,
Johnson, Laughlin, Maclin, Martin, Matthews, Miller, Pow¬
ell, Ross, Waterhouse and Warner—12.
Sp said amendment was adopted.
B
10
The question then recurred upon the adoption of said reso¬
lution, which being had was declared in the affirmative—Ayes
13. Noes 12.
The ayes and noes being demanded the affirmative voters
were Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Led-
better, Motley, Nelson, Peyton, Reneau, Sevier, Williams and
Mr. Speaker Turney—13.
The negative voters were Messrs. Gardner, Hardwicke,
Johnson, Laughlin, Maclin, Martin, Powell, Ross, Water-
house and Warner—12.
So said resolution was adopted.
Ordered that the Clerk acquaint the House of Representa¬
tives therewith, and ask their concurrence therein.
These resolutions were accordingly on the same day trans¬
mitted to the House of Representatives, and by that body on
the same day concurred in. On the 2d December, 1841, in the
Senate the following proposition was submitted for the action
of the Senate, and the following proceedings had thereon:
In Senate, Thursday, December 2d, 1841.
A message from the House of Representatives by Mr.
Mitchell their Clerk:
Mr. Speaker—The House of Representatives have taken
up a resolution of the Senate, proposing that the Senate meet
the House in their Hall on Thursday the 2d day of Decem¬
ber, 1841, to elect a Senator to the Congress of the United
States, for six years from the 4th of March last. Also that
the Senate meet the House of Representatives in their Hall,
on Friday the -3d day of December, 1841, for the purpose of
electing a Senator to the Congress of the United States, to
fill the unexpired time of Felix Grundy deceased—and have
concurred therein. And then he withdrew.
A message from the House of Representatives by Mr.
Mitchell their Clerk:
Mr. Speaker—The House of Representatives is now ready
to receive the Senate at their Hall in convention, to go into
an election for a Senator to the Congress of the United States
for six years from the 4th of March last, in conformity to a
resolution adopted by the Senate and concurred in by the
House of Representatives, fixing this day for said election—
and then he withdrew.
Mr. Williams submitted the following in writing:
"The Senator from Grainger moved that the Senate re-
11
pair to the House of Representatives, to meet said House
in convention, to go into the election of a Senator fh CW
gress for six years from the 4th of March last, which being
read—and the question "shall the Senate meet the House of
Representatives in convention at their Hall this day," being
had was determined in the affirmative.
The ayes and noes being demanded, the affirmative voters
were Messrs. Ashe, Bradbury, Foster, Frey, Jennings, Led-
better, Motley, Nelson, Peyton, Reneau, Sevier, Williams and
Speaker Turney—13.
The negative voters were Messrs. Gardner, Hardwicke,
Johnson, Laughlin, Maclin Martin, Matthews, Miller, Powell,
Ross, Waterhouse and Warner—12.
So said motion prevailed.
Mr. Foster moved that the Clerk call the roll of the Senate,
preparatory to repairing to the House of Representatives—
which call was had. When Mr. Speaker Turney and twelve
gentlemen of the Senate to wit: Messrs. Ashe, Bradbury,
Foster, Jennings, Ledbetter, Motley, Nelson, Peyton, Reneau,
Sevier and Williams repaired to the Hall of the House of
Representatives.
Whereupon Mr. Speaker Turney took his seat in the
Chair with the Speaker of the House of Representatives.—-
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin,
Martin, Matthews, Miller, Powell, Ross, Waterhouse and
Warner, remaining in their seats in the Senate Chamber and
refusing to accompany the Speaker and other Senators to the
Hall of the House of Representatives.
Mr. Speaker Turney directed the roll of the Senate to be
called, which was accordingly done, the following Senators
answering, to wit: Messrs. Ashe, Bradbury, Foster, Frey,
Jennings, Motley, Nelson, Peyton, Reneau, Sevier, Williams
and Mr. Speaker Turney—13.
Senators absent Messrs. Gardner, Hardwicke, Johnson,
Laughlin, Maclin, Martin, Matthews, Miller, Powell, Ross,
Waterhouse and Warner—12.
Mr. Speaker Turney directed the Door Keeper of the Senate,
to see and invite the absent Senators to appear within the
bar of the House of Representatives, and that the Door Keep¬
er report how he has executed said duty.
The Door Keeper of the Senate returned within the bar of
12
the House of Representatives and delivered to the Speaker
of the Senate the following communication, to wit:
Senate Chamber, December 2d, 1841.
Mr. Speaker Turney—The undersigned Senators are now
in the Senate Chamber, in their seats, ready to transact any
constitutional business pending before this branch of the
General Assembly, whenever a quorum of members shall be
in attendance. Respectfully, your obedient servants,
S. H. Laughlin,
Jno. A. Gardner,
Sackfield Maclin,
Richard Warner,
John Miller,
W. T. Ross,
J. P. Hardwicke,
B. Martin,
Richard Wateriiouse,
Robt. W. Powell,
A. Johnson,
Thomas J. Matthews.
Which communication being read, was ordered to be en¬
rolled upon the Journals of the Senate.
The convention then adjourned for the want of a quorum
of the Senate, to meet again in the Hall of the House of
Representatives on to-morrow at 2 o'clock P. M.
Mr. Speaker Turney and the twelve gentlemen of the Sen¬
ate present, repaired to the Senate Chamber to resume their
session.
The Speaker of the Senate, accompanied by the Whig Sen¬
ators, having thus repaired to the Hall of the House and
there met in convention the House of Representatives, the
twelve remaining Senators calling themselves democratic,
were on a call of the convention ascertained and reported ab¬
sent; and there not being a constitutional quorum of the Sen¬
ate, the convention on motion adjourned to meet in the Rep¬
resentative Hall at 2 o'clock on the succeeding day. On
the morning of the 3d of December, the following message
from the House was communicated to the Senate.
In Senate, Friday, December 3d, 1841.
A message from the House of Representatives by Mr.
Mitchell their Clerk:
Mr. Speaker-—I am directed by the House of Representa¬
tives to inform the Senate that the House of Representatives
is now awaiting their reception in conformity with a resolution
adopted in the Senate and concurred in by the House of Rep¬
resentatives on the 1st day of December 1841, resolving
"that the Senate meet the House of Representatives in their
is
Hall on Friday the 3d day of December, 1841. to elect a Sen¬
ator to the Congress of the United States, to fill the unexpired
term of the Honorable Felix Grundy deceased, and then he
withdrew.
Which message being read, the following proposition was
submitted to the Senate for its consideration:
Mr. Nelson presented the following—the House of Repre¬
sentatives having informed the Senate by their Clerk, Mr.
Mitchell, that under the joint resolution of the present Gener¬
al Assembly, passed and adopted on the 1st day of Decem¬
ber, 1841, prescribing that the Legislature, shall upon the 3d
day of December, 1841, meet in the Representative Hall, to
elect a Senator in the Congress of the United States to fill the
vacancy occasioned by the death of the Honorable Felix
Grundy, they were ready to receive and meet the Senate in
the Hall of Representatives upon the 3d day of December,
1841, to go into said election. The Senator from Knox,
moved that the Senate do now repair to the Representa¬
tive Hall under said resolution to go into said election, which
being read—the ayes and nays on said resolution being de¬
manded, it was determined in the negative—Ayes 12, noes 12.
The affirmative voters were Messrs. Ashe, Bradbury, Fos¬
ter, Frey, Jennings, Ledbetter, Motley, Nelson, Peyton, Re-
neau, Sevier and Williams—12.
The negative voters were Messrs. Gardner, Hardwicke,
Johnson, Laughlin, Maclin, Martin, Matthews, Miller, Powell,
Waterhouse, Warner and Mr. Speaker Turney—12. .
So said motion was rejected.
Thus the Speaker of the Senate gave back, and with the
twelve other Senators calling themselves domocratic Senators,
refused to obey the command of the General Assembly. The
Whig Senators conforming their action to the usage of the
country, to the injunction of the constitution of the United
States, and in obedience to the joint resolution of the General
Assembly, repaired to the Hall of the House and there met
in convention under the resolution prescribing the election of
a Senator on the 3d day of December, 1841.
As the resolution had been adopted separately in each
House, by a concurrent vote of a majority of each House,
no one Senator, nor all the Senators combined, had the power
or right, legally or constitutionally to disobey it, unless it had
14
been repealed by a majority of each House of the Legislature.
The refusal, therefore, of the Speaker and other so called
democratic members of the Senate to attend the convention
in the Hall under said resolution, was unprecedented, revo¬
lutionary, and destructive of Government.
At 2 o'clock the Convention met, according to adjournment,
and (the Speaker of the Senate being absent) elected the
Speaker of the House to be the presiding officer. Thus or¬
ganized by the joint resolution of the General Assembly under
the Constitution to discharge the great and important duty to
the people of electing for them two Senators in Congress, the
Convention with patience, and despite the contumelious and
disrespectful bearing of those styling themselves Democratic
representatives, (in the fond hope that reflection, sense of du¬
ty, and esteem for their country's honor and happiness, would
induce the so-called Democratic representatives to unite with
them,) continued in session till Tuesday morning, the 8th day
of December, 1841. In the meantime, the Democratic Sen¬
ators, through the regard we had for the high character of
your State, were repeatedly invited by respectful messages to
join us in Convention. The result is known. Not a Demo¬
cratic Senator, and with but one or two exceptions, not a
Democratic representative* saw proper to obey the resolution
proposing to go into the election of Senators to the United
States—and the Convention adjourned sine die.
Now, fellow-citizens, the question presents itself for your
consideration and decision:—did the majority of the Legisla¬
ture, being of the Whig party, propose to perform the unques¬
tionable duty of electing Senators for you, in any other manner
than in obedience to the Federal Constitution, in conformity
with the law and the practice of the State, and in accordance
with the immutable principle that the will of the majority
shall rule under the Constitution? Let us correctly see, and
fairly understand the facts; for upon the vindication of their
position in these respects, the Whig Senators and Representa¬
tives are willing to stand or fail.
We have shown that the Constitution of the United States
makes it the duty of your Legislature to elect Senators in
Congress. By the 4th section of article 1st of the same in¬
strument, it is further ordained—"The times, places, and
manner of holding elections for Senators and Representatives
15
shall be prescribed in each State by the Legislature thereof
but the Congress may at any time by law make or alter such
regulations, except as to places of choosing Senators."
So that, Congress never having enacted any law on the sub¬
ject, it is not only enjoined upon the Legislature to elect two
United States Senators, but the Constitution expressly gives to
the Legislature the power to prescribe "the times, places, and
manner of holding•" such elections; and this "time, place,
and manner of holding" such elections, may be prescribed by
the will of the Legislature expressed in an act of the Legisla¬
ture, or expressed in a joint resolution of the Legislature. The
term "prescribe" can only mean to direct or to give a rule of
action or conduct, in which the Legislature, previous to the
election, declare or express their will or purpose as to the time,
place, and manner, they will hold said election. The purpose
or opinion of a Legislature, or any rule for governing the ac¬
tion of a Legislature, are, strictly speaking, expressed in the
form of a resolution, and when so expressed are as binding
upon the Legislature, as are the laws of the Legislature con¬
stitutionally passed binding upon the community of which
they constitute a part.
Now, most certainly, the present General Assembly having
prescribed the time, place, and manner, of holding elections
for Senators, in the form of a joint resolution, adopted and
concurred in by a majority of both Houses, it is as valid and as
obligatory upon the members to go into the election as if the
time, place, and manner, had been prescribed by enactment
of law in any other form. The adoption of such a resolution
by the concurrent sanction of each House of the General
Assembly separately, is as much the independent action of
each branch, as is the passage of a bill by the concurrent ac¬
tion of each House separately had. And when the subject
matter of the resolution can be expressed or declared in the
form of a resolution, it is as valid and obligatory upon the
community as an act of the Legislature.
If, however, to the force of positive authority, vesting in the
Legislature the right to prescribe the time, place and manner
of holding elections for Senators by resolution, the strength
and power of practice and precedent, as adopted and used for
the period of forty-five years, by each and every General As¬
sembly that have elected Senators since the organization of
the State, be required to sustain the prescription of time, place,
16
and manner of holding.! elections by joint resolution, and by
joint vote of each Hodse of the General Assembly in Con¬
vention, the records of your Legislature from the year 1798
tosthe year 1839 abundantly supply it. It might be deemed
sufficient for us to say* what dare not be denied, that there
never has been, under a|iy circumstances, or at any time, an
election of United States Senators brought on in any other
manner; but to prevent all cavil, we present an abstract of
those legislative records, for which the reader is referred to
the Appendix.
At the regular session of the General Assembly in 1839, a
majority of whom denominated themselves Democrats, the
same "manner" was strictly adhered to; and, as the Journals
show, Mr. Smith the (so-called, Democratic) Senator from
Maury, introduced into the Senate a resolution, of which the
following is a copy—
"Resolved by the General Assembly of the State of Ten¬
nessee, that the Senate meet the House of Representatives in
their Hall on Monday next, at 11 o'clock, A. M. for the pur¬
pose of electing a Senator to the Congress of the United
States, in the place of the Hon. E. H. Foster, resigned."
This resolution was adopted in the Senate by the vote of
every Democratic Senator (so-called) then in the Senate—
among whom were Messrs. Hardwicke, Laughlin, Warner*
and Turney, who now constitute a part of the so-called Dem¬
ocratic Senators in the State Legislature. The journals further
show that the House concurred in this resolution, every Dem¬
ocratic representative voting for it, among whom were Messrs.
Martin and Johnson, now of the Senate.
On the 19th of November, 1839, under and by authority of
said resolution, the Senate repaired to the House of Represen¬
tatives and thereupon the two Houses proceeded viva voce to
the election of a Senator to the Congress of the United States,
in place of the Hon. E. H. Foster, resigned. See Senate,
Journal of 1839, page 130. In that election under the above
resolution the present Senators styling themselves Democratic,
who now refuse upon constitutional and moral principles, as
they pretend, to vote even for the adoption of a similar resolu¬
tion, consisting of Messrs. Hardwicke, Laughlin, Martin,
Johnson, Warner and Turney, not only united in the Conven¬
tion, but with the Democratic Representatives voted for the
Hon. Felix Grundv.
17
Now we appeal to you, fellow-citizens, as the friends of
truth, candor, and public virtue, to say, with the facts here
placed before you, if these self-styled Democratic Senators of
this General Assembly could have elected their favorite politi¬
cal partizans, they would not now in 1841, as they did in 1839,
not only vote for the adoption of a joint resolution to prescribe
the time, place, and manner of holding such election, but
promptly attend the Convention of both Houses under such
resolution, and gladly vote in the joint vote of both Houses for
their chosen men. In the language of truth and simplicity, it
is asked upon what principle, moral or political, can an en¬
lightened community reconcile such perverse, obstinate and
cantradictory conduct of such Senators, with their constitution¬
al duty to that community? Certainly no honest man will
pretend that it was legal and proper for those Senators in 1839,
when in the majority, to prescribe the time, place, and man¬
ner, of holding elections for Senators by a joint resolution of
the General Assembly, and to elect under such resolutions
their partizan candidates—and yet that in 1841, because they
are in a minority, it is illegal and improper for them to go into
an election held in precisely the same manner. Nor dare any
unprejudiced mind of intelligence, regardful of character and
veracity, assert before you as a principle that it is proper and
right that the Constitution and laws of the land should be mu¬
table, and changed by construction at will and caprice to sub¬
serve party interests or factious purposes!
On the 14th December, 1839, the following resolution was
introduced in the Senate by a Senator called Democratic, read
and adopted, and for the adoption of which Messrs. Laughlin,
Warner, Hardwicke and Turnev voted: "Resolved, That the
Senate meet the House of Representatives in their Hall this
day at twelve o'clock, for the purpose of electing a Senator to
the Congress of the United States, in the place of the Hon.
Felix Grundy, resigned." This resolution, so adopted in the
Senate, was the same day transmitted to the House of Repre¬
sentatives, and there read and concurred in. Upon the day of
its concurrent adoption in each House of the General Assem¬
bly, the Senate repaired to the Hall of the House, and there,
in Convention, by joint vote of both Houses of the General
Assembly, again elected the Hon. Felix Grundy under said
resolution. Senators Johnson, Martin, Hardwicke, Laughlin,
18
Warner and Turney, who now refuse to vote for a similar
resolution, and who refuse after the concurrent adoption of
such a resolution by a majority of this General Assembly, to
go into the election of a Senator, were in the Legislature of
1839, and voted again for the election of the Hon. Felix
Grundy under the above resolution.
Again, on the 27th of January, 1840, the following mes¬
sage was received in the Senate from the House of Represen¬
tatives, by Mr. Crockett, their clerk—-"Mr. Speaker, the House
of Representatives have adopted a resolution proposing to go
into the election of a Senator to the Congress of the United
States this day at 3 o'clock, to fill the vacancy occasioned by
the resignation of the Hon. Hugh L. White. The Senate
upon the same day concurred in said resolution, and on that
day repaired to the Hall of the House, where, in Convention
of both Houses under said resolution by joint vote of the
Legislature, the Democratic members elected Alexander An¬
derson, Esq. to the Senate of the United States, to fill the
vacancy occasioned by the resignation of the Hon. Hugh L.
White ; and in that election Messrs. Johnson, Hard wicke, Mar¬
tin, Laughlin, Warner and Turney voted in Convention under
said resolution, in the Representative Hall, for Alexander
Anderson, Esq.
In the opinion and consciences of these Senators it was
right, morally, legally and constitutionally, in 1839, in the three
instances above stated, to prescribe the time, place and man¬
ner of holding the election for Senators by joint vote resolu¬
tion, and upon three different times under said resolutions, to
convene with the House in their Hall, and by the joint vote of
both Houses to elect Senators. But now in the opinion and
consciences of these Senators, it is wrong, illegal and uncon¬
stitutional so to prescribe the time, place and manner, and so
to elect by joint vote of both Houses.
The impartial tribunal of public opinion, from whose de¬
cision there is no appeal, will and must decide what cause or
motive produced so sudden and contradictory a change in the
opinions and consciences of their Democratic Senators.
But the power of the Legislature to hold the elections as
prescribed by the concurrent resolution of the present Gene¬
ral Assembly, does not merely rest upon its constitutional
authority and the force of unchanged precedent through the
19
whole history of the State—but it has the sanction of the Sen¬
ate of the United States itself. That august body, being
empowered under the Federal Constitution to "judge of the
elections, returns, and qualifications of its own members," ha§
for the last forty-five years received the credentials of Senators^
from Tennessee, elected in no other way, without the first
doubt or question. Many of the elections of Senators in the
past history of our country have been warmly contested by ri¬
val aspirants before the Legislatures, and certainly, if the elec¬
tions had been illegal or unconstitutional, the disappointed
candidates or their partizan friends would have appeared be¬
fore the Senate and tested the legality and constitutionality of
such elections. Fortified, then, by the weight of positive author¬
ity, sustained by the judgment of the Senate of the United
States, and justified by the practice and precedent of our an¬
cestors in every General Assembly of the State of Tennessee
who have heretofore elected Senators to Congress; the Whig
members of this General Assembly have seen their way in all
thisstruggleasclearasa sunbeam, and have steadily pursued it.
In every thing which has been done in relation to the elec¬
tion of Senators, we have adhered to the ancient landmarks,
the settled usages which have prevailed in carrying into effect
the provisions of the Constitution upon this subject. The 4th
section of the 1st article of the Constitution of the U. S. pre¬
scribes that—"the times, places, and manner of holding elec¬
tions for Senators and Representatives shall be prescribed in
each State, by the Legislatures thereof." As to the time, place
and manner of electing Senators, that has most usually been
prescribed by resolution, though in some of the States it has
been done by law, previous to the time of going into the elec¬
tion of Senators. It is believed though that no election ever
was held for Senators to the Congress of the United States,
without a law or resolution being previously adopted, prescrib¬
ing the time, place, and manner of going into such election.—
We believe that a law or resolution, prescribing the time,
place and manner of bringing on and conducting the election,
to be equally in conformity with the Constitution. But that
one, or the other must be adopted before such election is gone
into, is not only sanctioned by usage, but is most clearly re¬
quired by the Constitution itself. Yet what has been the con¬
duct of the minority in the Legislature in relation to the mode
20
of electing Senators. On the 29th day of November, 1841, a
resolution was adopted in the Senate in these words:
"Resolved by the General Assembly of tne State of Ten¬
nessee, that Hopkins L. Turney be, and he is hereby, chosen
a Senator in the Congress of the United States, to serve out
the unexpired term of the Hon. Felix Grundy, deceased."
This resolution received the support of the whole thirteen
Democratic Senators. How the names of Governor Polk,
Mr. Nicholson, and others of the Democratic party, were
withdrawn or overlooked to give place to that of Mr. Turney
for the Senate of the United States, we shall not now stop to
inquire. The fact though is undoubtedly so that the above
resolution was introduced and passed in the Senate, and re¬
ceived the unanimous support of the Democratic Senators.—
The resolution was sent to the House of Representatives and
was rejected, but it received the support of every Democrat
in that body, save one. After this two other resolutions were
introduced into the Senate, in which after a preamble setting
forth the reasons for their adoption, it is—
"Resolved, That in order to carry into effect the foregoing
resolutions, Hopkins L. Turney, a citizen of the county of
Franklin in this State, being a member of the Democratic par¬
ty, who has admitted the right of instruction, and has respond¬
ed to interrogatories upon public subjects propounded to him
by members of this General Assembly, be and he is hereby
chosen a Senator in the Congress of the United States to fill
the vacancy occasioned by the death of Hon. Felix Grundy,
late a member of that body.
"Resolved, That in order to carry into further effect the
first of the foregoing resolutions, that Thomas Brown, a citi¬
zen of the county of Roane in this State, a member of the
Whig party, who has admitted the right of instruction, and has
responded to interrogatories on public subjects propounded to
him by members of this General Assembly, be and he is here¬
by chosen a Senator in the Congress of the United States, to
fill the vacancy occasioned in that body by the expiration of
the constitutional term of the former incumbent, being the
unexpired remainder of the term of six years commencing on
the 4th of March, 1841.
These resolutions were adopted in the Senate by the same,
vote that adopted the former one in relation to H. L. Turney,
21
and were rejected in the House of Representatives. Here then
were two attempts made by the minority to appoint, we will not
say elect, Senators by resolution without any previous law be¬
ing passed or resolution adopted fixing "the time, pldce and
manner" of bringing on and conducting such election. This
course of proceeding is wholly unknown in this State—and
so far as we know or believe, in any other State in this
Union—and it is believed to be manifestly at war with the
provisions of the Constitution.
The minority in the Legislature, insist that this mode of
electing Senators is constitutional: at all events they have voted
for these resolutions. Are they in conformity with the pro¬
visions of the Constitution? Or with the settled usages that
have prevailed all over the United States in relation to the
election of Senators? We leave the decision of these ques¬
tions to the enlightened judgments of our constituents. Whe¬
ther these new lights, which have sprung up in our Legislature
are to prevail in their new version of the Constitution, it be¬
comes the People of Tennessee now to decide.
Again—it had been solemnly resolved by both branches of
the Legislature, that they would meet in Convention on the
16th day of December, 1841, for the purpose of electing Sen¬
ators to the Congress of the United States. The majority of
each house had determined that this mode of electing Senators
was in conformity with the Constitution. This was the
course which had always been pursued before. And although
a majority of the Senate had adopted the resolutions proposing
to appoint H. L. Turney and Thomas Brown to the Senate of
the United States-—yet, in a protest drawn up and signed by a
portion of that body, but five out of the thirteen would venture
to sign their names to a paper denying that the usual and old
mode of electing Senators by a joint vote of both houses was
in conformity with the Constitution. Our mode of elect¬
ing Senators was clearly constitutional. It was to elect them
in the same manner, that they had always been elected before.
The majority of each branch had agreed this should be
done; and after it had been so agreed, the minority set at
nought the will of the majority, and refused to carry the
resolutions for the election of Senators to Congress into effect.
What excuse does the minority give for this open defiance to
the will of the majority, thus constitutionally expressed. None
22
has been put forth in an authentic form that we have heard
except the protest of the five Senators before referred to—and
the adoption of the resolutions appointing H. L. Turney and
Thomas Brown to the Senate of the United States. These
resolutions thus introduced into the Senate, and adopted in that
body in the way we have mentioned, we suppose the members
of the minority in the present General Assembly will contend
before you was "holding an election" in conformity with the
Constitution of the United States for the election of Senators
to Congress: And that our mode of "holding the elections"
was not in conformity with the Constitution, or else they must
admit that they refused to perform a constitutional duty.
But there is one other position of the so-called Democratic
Senators to which we wish to invite your especial attention, as
one wholly without justification before you. A pretext which
they loudly made for refusing to go into an election of Senators
in Congress was, as is doubtless remembered, that the Legis¬
lature had never prescribed by law, the manner in which
such elections should be held. Though the undersigned re¬
garded this as a mere pretext, yet unwilling that there should
be the shadow of excuse for refusing to discharge this impor¬
tant duty, they consented to unite with the minority in prescrib¬
ing by legislative enactment the manner of holding elections
for Senators in Congress. The Senator from White (one of
the so-called Democratic Senators) introduced into the Senate
on the 22d day of November, 1841, the following bill for the
purpose, as was then supposed, of accomplishing in good faith
this object.
"Be it enacted by the General Assembly of the State of
Tennessee, that the Legislature of this State shall choose
Senators whenever vacancies may occur, upon joint ballot of
both Houses in Convention, and it shall be necessary, in order
to a choice, that a majority of the votes of the members of the
Legislature shall vote for the same man, and no candidate
shall be chosen without a majority of the whole of the votes
polled per capita."
The vote being had thereon, those who voted for the pas¬
sage of the bill were
Messrs. Ashe, Bradberry, Foster, Frey, Jennings, Ledbet-
ter, Motley, Nelson, Peyton, Sevier, Williams and Mr. Speaker
Turney—12.
23
Those who voted against the passage of the bill were
Messrs. Gardner, Hardwicke, Johnson, Laughlin, Maclin,
Martin, Matthews, Miller, Powell, Ross, Watterhouse, War¬
ner—12.
Thus (one Whig Senator being absent) twelve so-called
Democratic Senators defeated this measure of their own ask¬
ing by a tie vote. But it did not stop here. On the 12th day
of January, 1842, Mr. Nelson moved the re-consideration
of the vote—when the Senator from White finding all the
Whig Senators in their seats, and that unless he changed his
vote the decision would be reversed, turned his face against
his own bill, and with his casting vote sealed its fate! The
vote was as follows:
Ayes —Messrs. Ashe, Brad berry, Foster, Frey, Jennings,
Ledbetter, Motley, Nelson, Peyton, Reneau, Sevier and Will¬
iams—12.
Noes—Messrs. Gardner, Hardwicke, Johnson, Laughlin,
Maclin, Martin, Matthews, Miller. Powell, Ross, Warner,
Watterhouse and Mr. Speaker Turney—-13.
Thus, fellow-citizens, the Democratic Senators after refus¬
ing to go into the election under the pretext that there was no
law prescribing the manner of election—positively refused to
aid in enacting a law by which such alleged omission would
have been remedied. We commit to your judgments a plain
statement of this enormous conduct, not doubting that you
will fully appreciate, whilst you entertain the proper sentiments
for, the motives which influenced it.
As an evidence of the consistency of the Whigs in all they
have done, we proudly point you to the action of the Whig
minority in your Legislature of 1839, when the so-called
Democratic party held majorities in that body, brought on the
election of Senators by joint resolution of the General Assem¬
bly, and not only instructed out of their seats the lamented
Hugh Lawson White and the Hon. E. H. Foster, but
elected in their stead two of their own chosen leaders. The
Whig members of that body, fellow-citizens, though having
the power to prevent a quorum of each House, disdained to
seek party success in that Way, and submitted like men to the
apparent will of the people.
Need we ask, fellow-citizens, what would have been your
just indignation and alarm if the Whigs of that body had
24
taken a different course, and from a mere factious determina¬
tion to prevent the success of the opposite party, had set at
defiance the will of a majority of the people, the Constitution
and laws of the land, by refusing to suffer the Legislature to
make up its constitutional quorums in the election of Senators
in Congress? Would not the whole people have been struck
with amazement at the revolutionary outrage?
And yet such is and has been the conduct of their oppo¬
nents in this General Assembly. Conduct which, if tolerated
by the people, and sanctioned by their silence, must forever
threaten the State with the danger not only of going hereafter
without representation in the National Senate, but of being
deprived of all action in the Legislature of any kind whatever
requiring a quorum to act, in which either p&rty may expect
advantage out of such action.
We appeal to you, then, fellow-citizens, as the friends of
civil liberty and of social order, to say whether this first open
and daring disregard of the Federal and State Constitutions,
of the established laws and usages of the State from its organ¬
ization, of the solemn command of a joint resolution of this
General Assembly, and of the expressed will of the people of
the State at the ballot box, for the mere purpose of accom¬
plishing the unhallowed purposes of party and of faction, shall
receive your silent sanction or open approval. With this we
have discharged our duty—to your hands, in all confidence we
submit this whole question, not doubting that an enlightened
public virtue will guide you to a deliverance and preservation
of our free institutions.
BURCHET DOUGLASS,
ANDREW BROWN,
MATTHEW POWELL,
JAMES SCRUGGS,
N. A. SENTER,
CRAVENS SHERRILL,
MILES McCORKLE,
HENRY NORMAN,
R. D. WHEELER,
JAMES ROSS,
ROBT. H. HODSDEN,
MATTHEW A. TRICE,
WM. J. STANDEFER,
CHAS. GRAHAM,
THOMAS A. POLK,
H. FREY,
LEWIS RENEAU,
JOHN R. NELSON,
JOHN B. ASHE,
H. BRADBERRY,
ROBT. C. FOSTER, Jr.
J. H. PEYTON,
B. T. MOTLEY,
V. SEVIER,
THOS. R. JENNINGS,
W. LEDBETTER,
W. WILLIAMS,
S. P. HUGHES,
R. W. H. BOSTICK,
JOHN ENGLAND,
JOHN F. PATE,
MICAJAH BULLOCK,
JNO. P. PERKINS,
YANCY BLEDSOE,
ALFRED LEA,
S. W. WILLIAMS,
EDWIN H. EWING,
PETER C. BUCK,
WM. T. HASKELL,
JAMES CAMPBELL,
F. BUCHANAN,
RICHARD P. BROOKS,
H. M. BURTON,
JOHN MUIRHEAD,
J. GOODALL,
ISAAC A. MILLER,
P. H. MITCHELL,
J. W. WESTER,
ADAM R. ALEXANDER,
NICHOLAS PERKINS.
APPENDIX.
The earliest record testimony which can be found in the archives of
the State of the election of Senators to the Congress of the United
States by the Legislature of Tennessee, is in 1798. At pages 56 and 57
of the Senate's Journals of the session of 1798, entries are found of which,
the following are copies: "A message from the House of Representa¬
tives—Mr. Speaker and gentlemen of the Senate, the House of Repre¬
sentatives propose on Wednesday next, at 12 o'clock, in the Represen¬
tative Chamber, to proceed to the election of two Senators to represent
the State in the Senate of the United States, and name Messrs. Conway
and John Scott to superintend the balloting; to which the following
was, on motion of Mr. Robertson, ordered to be returned;—Mr.
Speaker and gentlemen of the House of Representatives: the Senate
concur in your proposition that the two Houses proceed on Wednesday
next, at 12 o'clock, in the Representative Chamber, to the election of
two Senators to the Congress of the United States, and name on their
part, Messrs. Douglass and Ford." Upon Wednesday at 12 o'clock,
as prescribed in said propositions, the Senate met the House of Repre¬
sentatives in the Representative Chamber, and by joint vote elected
Joseph Anderson and Daniel Smith Senators to the Congress of the
United States. See Senate's Journal, page' 72. From the executive
Journals of the Senate of the Congress of the United States it appears
in 1803, Joseph Anderson was re-elected Senator to the Congress of
the United States, and Daniel Smith was re-elected in 1805, to the
Congress of the United States; but the record testimony of the re-elec¬
tion of those two gentlemen we have not yet been able to find in the
archives of the State: In the year 1809, the Legislature of Tennessee
elected Jenkin Whiteside and Joseph Anderson Senators to the Con¬
gress of the United States, as will appear by reference to the Journals
of the Senate of 1809, page 30—from which the following copy is
jtaken: "April 11th, 1809. In conformity of a resolution of both,Houses
pf the General Assembly, the Speaker and gentlemen qf. the, Senate
retired to the Representative Chamber, for the purpose of electing two
lenators to Congress and one Attorney General fpr the State; when
Both Houses of the Legislature proceeded to ballot for Senators. Jen-
lin Whiteside and Joseph Anderson were elected."
[ D
26
In 1811, the Legislature of Tennessee elected Geo. W. Campbell
Senator to the Congress of the United States, who was elected by joint
vote of both Houses of the General Assembly under a resolution, as
will appear from the Senate Journals of that session—from which Jour¬
nals, at page 52, the following is extracted: "Oct. 1st, 1811. The
Speaker and gentlemen of the Senate then repaired to the Representa¬
tive Chamber, for the purpose of electing a Senator to Congress, Geo.
W. Campbell being put in nomination; and on counting the ballot, it
appeared he had 38 votes." In the year 1815, the Legislature of Ten¬
nessee elected Senators to the Congress of the United States, and
prescribed the time, place, and manner of holding that election, by
joint resolution; as is evidenced by the Journals of the Senate, from
which Journals the following is an extract at pages 96 and 97: "The
Speaker and gentlemen of the Senate then repaired to the Representa¬
tive Hall, and both Houses proceeded to the election of a Senator for
six years, Geo. W. Campbell and Perry W. Humphreys, Esqs. in nomb
nation. On counting the votes, it was found that Geo. W. Campbell
had 37 votes, and Perry W. Humphreys 23 votes. The two Houses
then proceeded to the election of a Senator for two years, John Wray
and John Williams in nomination. On counting out the votes, it was
found John Wray had 26 votes, and John Willibms had 32 votes.—
Whereupon, the Speaker declared Geo. W. Campbell and John Will¬
iams elected."
In 1817, the Legislature of Tennessee elected a Senator to the Con¬
gress of the United States, and prescribed the time, place, and manner
of holding the election, by joint resolution, as appears from the Senate's
Journals, of which, at pages 62 and 63, the following is extracted:—
"The gentlemen of the Senate then repaired to the Representative
Hall. Both Houses then proceeded to ballot for a Judge of the Su¬
preme Court, in the room of Jno. Overton, resigned, Robert White and
Enoch Parsons in nomination. On counting out the votes, it was found
that Robert White, Esq. had a majority. The Houses then proceeded
to elect a Senator to Congress for six years. John Williams, Esq* was
put in nomination. On counting out the votes, it was found he was
elected." In the year 1819, the Legislature of Tennessee elected a
Senator to the Congress of the United States, as appears by the Jour¬
nals of the Senate of that session, from which the following is extract¬
ed: Mr. Blair introduced the following resolution, which was adopted.
Resolved, That the Senate meet the House of Representatives in the
Representative Hall on Saturday next, being the 9th of October, 12'
o'clock, for the purpose of electing a Senator to the Congress of the
United States to fill the vacancy occasioned by the resignation of Geo.
W. Campbell, Esq. Page 48. Upon the 9th of October, under said
resolution, the two Houses of the General Assembly met in Conven¬
tion in the Representative Hall, and by joint ballot elected a Senator,
as appears by the following extract taken from the Senate's Journals,
1819, page 86: "Whereupon the gentlemen of the Senate repaired to
the Representative Hall, for the purpose of going into said election.—
27
The two Houses then proceeded to ballot for a Senator to fill the va¬
cancy occasioned by the resignation of Geo. W. Campbell, Esq. Mr.
John H. Eaton and Perry W. Humphreys in nomination. On counting
out the votes, it appeared that John H. Eaton had received 31 votes,
and Perry W. Humphreys 29 votes." The resolution so introduced
by Mr. Blair, was concurred in as appears from the Senate's Journals,
page 49.
In 1821, the Legislature of Tennessee elected a Senator to the Con¬
gress of the United States, under a joint resolution and by the joint
vote of both Houses in Convention, as appears by the Journals of the
Senate of that session, at page 61, from which the following is an ex¬
tract: "In conformity with a joint resolution of both Houses of the
General Assembly, the gentlemen of the Senate at 2 o'clock, P. M. of
this day, repaired to the House of Representatives for the purpose of
going into the election of Senator to Congress for the ensuing six years,
Mr. John H. Eaton in nomination. The Speaker of the Senate de¬
clared, in presence of both Houses, John H. Eaton duly and constitu¬
tionally elected."
In the year 1823, the Legislature of Tennessee elected a Senator to
the Congress of the United States, by joint vote of both Houses in Con¬
vention, and prescribed the time, place, and manner of holding said
election, by joint resolution, as appears by the Senate's Journal of that
session, at page 60, from which the following extract is taken: "The
hour having arrived, as appointed by joint resolutmn of both branches
of the General Assembly, for going into the electron of Senator in the
Congress of the United States, the gentlemen of the Senate repaired to
the Hall of the House of Representatives. The two Houses then pro¬
ceeded, by ballot, to the election of Senator to Congress; and upon
examination of the ballot, the honorable Speaker of the Senate declared
in presence of both branches of the General Assembly, that Andrew
Jackson was duly and constitutionally elected." In 1825, the Legisla¬
ture of Tennessee elected a Senator to the Congress of the United
States, by the joint vote of both Houses in Convention under a joint
resolution, as appears by extract from the Senate's Journals of 1825,
page 52: "Resolved, That the Senate meet the House of Representa¬
tives in their Hall upon Friday, the 28th inst. for the purpose of elect¬
ing a Senator to Congress to fill the vacancy occasioned by the resigna¬
tion of Gen. Andrew Jackson. Under the above resolution, the
Legislature elected the Hon. Hugh L. White, as appears by the follow¬
ing extract from the Senate's Journals of 1825, page 176: "This day at
the hour of 12 o'clock, the Speaker and gentlemen of the Senate re¬
paired to the Hall of the House of Representatives. The two Houses
first proceeded by ballot to the election of Senator to Congress; and
upon collecting and counting out the ballot, the letters announced that
Hugh L. White had received 60 votes—the whole number polled."
In 1829, the Legislature of Tennessee prescribed the time, place and
manner of electing Senators, by joint resolution; and under that reso¬
lution the Senate met the House in the Representative Hall, and by
28
the joint vote of both Houses in Convention elected Felix Grundy.—
In the year 1831, the General Assembly of the State of Tennessee,
by joint resolution, prescribed the time, place, and manner of holding
election for Senator to Congress; and under said resolution the Senate
repaired to the House, and the two Houses in Convention by joint vote,
voted for Felix Grundy, John H. Eaton and Ephraim H. Foster, more
than thirty consecutive times, without making an election.
In the year 1833, the General Assembly of the State of Tennessee,,
by a joint resolution, prescribed the time, place and manner of holding
the election for Senator to Congress; and under said resolution the
Senate met the House in the Representative Hall, and by joint vote
of both Houses in Convention, elected Felix Grundy to the Senate.
In the year 1837, the General Assembly of the State of.Tennessee,
prescribed the time, place, and manner of electing Senators to Con¬
gress, and under said resolution, the Senate met the House in the
Representative Hall, and by joint vote of both Houses in Convention,
elected Ephraim H. Foster to the Senate.