Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1853-12-14


concur the Report Of The Committee on Tipping
81 Mr. SPEAKER;-I have listened with attention and
very great pleasure to the able and elaborate arg-
ments that have been made by representatives,
both for and against the motion to non-concur in
the report Of the committee on tipping now under
consideration. / regret but one thing that has &C.
Cured thus far in the debate and that is gentle
men, on both sides of the question, have been ac-
cused Of an attempt to avoid responsibility. have
no such charge to make. Each member who has
addressed the House. l have no doubt has given u
his sincere convictions without shrinking and with
out fear For the correctness or incorrectness of
the positions taken and the views presented repre-
sentatives are responsible To their constituents to
their consciences, and to their God, and to these
leave them.
l should not, Mr. Speaker have deemed it nv
duty to say one word on the question, but for the
bold and defiant manner; the arrogant and must
saw egotistic assumptions of gentlemen who sustain
the motion Impeled, therefore, by a sense of what
is due myself and those | have the honor, in part
to represent, to claim the indulgence aud attention
/ of the House for a few moments, shall endeavor
to confne myself strictly to the question under dis
! cussion.
| Twill first state sir, what I consider to be the
issues before the House. Five thousand citizens Of
! the State. men, women, and children, presented a
/ pettion to this General Assembly asking for the
passage of resolution submitting proposition to
the people of Tennessee to ascertain their wishes
in reference to a law prohibiting the sale of intoxi
eating drinks within the State. The subject was
referred to special committee Of the House. That
committee, after maturely considering the nature
and object of the petition, through their chairman,
| Mr. Odel, report that it was the opinion of ma
iority of the committee that the prayer unrea-
sonabe, and should not be granted. Mt. Smith, Of
Haywood, moved to non-concur in the report.
I Now, Mr. Speaker, while in connection with
other friends of the report believe that it should
have been laid on the table, and there remained,
until the friends of submission had presented their
proposition in the shape of law or resolution that
we might have had opportunity to examine its
merits in detail before being called upon to give
vote that must settle the question, yet l must
confess, that to my mind the motion of Mr. Smith
presents tangible and distinct issue for the consd-
Grafton and action of the House. Several points
are raised by the committee, which properly be-
fore the House under the motion to non-concur.
1st Is the principle Of submitting resolutions to
the people to ascertain their views given sub
iect which, when ascertained. are TO be regarded as
instructions to the General Assembly, progided a
numerical majority vote in their arOr in accordance
with the spirit and genius of our State govern
ment?
3D. If the principle be correct, would it be sound
policy in the legislature to adopt the practice?
The constitutionality, expediency and necessity
of such law as is proposed to be migrated upon
the policy of the Site by means so extraordinary,
are questions also legtimately open to DISCUSSION.
But l propose to con6ne myself to the two first
points leaving TO others, able and better pre-
pared than myself the examination of the
later branch Of the subject However, that
may be committed on the whole question,
remark, that in my opinion, such law as the
petitioners desire is unconstitutional and in.
expedient, because it IS a violation Of the laws o.
! no Ia Of and tho az
rights of the people. sl.. ga.
LIST. | assume, sir, that TO submit resolution tC
the people in the manner here proposed, for the
purpose of ascertaining their views on any subject
which are to be received by the General Assembly
as Instructions and such obeYed, provided mert
numerical majority Of those voting approve the
proposition submitted if not violation of any ex
press provision of the constitution is contrary to it
whole spirit and meaning.
- The government of the State of Tennessee is {
representative government, formed upon the princ
pie of checks and balances, with written consttu
ton in which all the legislative power Of the State
is committed to a General Assembly composed o
Senate and House of Representatives each acting
separate and apart and Independent Of the other
No bill can be passed into law unless it receives
concurrent majority of lighthouses. But it is inss
ted in argument by the gentlemen from Haywood
. Mr. Smith that the 23d section Of the Bill o
Rights implicitly cnnfers the power the Legislature
to submit resolutions to the people in the manne
and for the objects now contemplated at least woulC
Justify the adoption Of the practice. That section
reads as follows:
'That the citizens have right, in peaceabl,
manner to assemble together Tor their common
good TO instruct their representatives and to apply
to those invested with the powers of government
for redress of grievances, other proper purposes
by address or remonstrance."
9 have been surprised sir, at gentlemen whC
have some reputation for astuteness and for lega
information, for their total misconcepton Of thu
! theory of our government. What is the obUiou
meaning of the above section of our Bill of Rights
Is it susceptible of more than one construction?
think not and that construction is most clearly
against gentlemen who favor submission In the form
alton OF our State governmentthe people surrendere
into the hands Of the General Assembly part O
their sovereignty, and enoined upon that Assembl,
the performance of certain duties among others tn
passage of all laws necessary for the peace safety
and happiness of the people Of the commonwealth
But for fear the representative in hour of tempt
alton and folly, might forget his obligations to tn
people, and vote for laws against their will and in
terest they reserved TO themselves the right of in
structon, and consequently tue implied duty Of tn
representative to obey. But this is a right to b.
exercised or not at the discretion of the people,
The necessity of its exercise is not a question 70
the determination of the legislature 1t is not evel
Joint act OF the representative and his constt
uents. 1t IL dormant power in the hands of tn,
people to be used whenever by voluntary free lOil
act they see proper to put it in force Has the re-
preventative the power then, to compel his constitu
ents toinstruct? None, sir. What is the prayer o
the petitioners? "That the legislature pass resou
ton CALLING THE PEOPLE together to vote instruc
tons to their representatives" Would not such an
act compel every citizen to vote upon the PROPOSE
tiGn, ar be dishdnehizeF. The citizens of Tennes-
see, sir, correctly presume that in voting for men,
bers to the General Assembly they discharge the
only duty binding upon them under the constitution
connected with the legislation of the State. They
at the same time know they have the right and
power instruct their representatives and that the
representative is bound TO obey resign; they also
know that there exists no power to compel them to
vote instructions, in they refuse dsfranchise
them. | call upon gentlemen to controvert this
reasoning or yield the point.
The gentleman from Carroll, (Mr Hawkinss,) in
sists that we have precedent in the submission of
our present constitution to the people for their rat
ifcation or rejection This is not parallel
case as any one may see from moments exami-
nation The submission of the question referred to
was as to alteration of the organic law of the
State-a change in the fundamental principles of
the government and was made in accordance with
the frstsection of the Bill Of Rights totally different
| in intention and meaning, from the twenty-thrd
IN which I here call the attention of the Honsa -