Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1853-12-13
SPEECH OF WeP. CrAMBLfss.

the report of the committee OH tipping, now under
consideration. regret but one thing that has oc-
Cured thus far in the debate, and that s gentle
men. on both sides of the question, have been ac-
cused of an attempt to avoid responsibility have
no sueh charge to make Each member who has
addressed the House have no doubt, has given us
his sincere convictions without shrinking, and with
out fear For the correctness or incorrectness OF
the positions taken and the views presented repre-
sentatves are responsible TO their constituents to
their conscences and to their God, and TO these |
leave them.
| should not Mr.. Speaker, have deemed it my /
duty to say one word on the question, but for the
bold and defiant manner; the arrogant, and, must |
say, egotistc assumptions Of gentlemen who sustain
the motion Impelled, therefore, bya sense of what
is due myself and those / have the honor, IN part
to represent to claim the indulgence and attention
of the House for few moments, | shall endeavor
to con6ne myself strictly to the question under dis
cusson. -
1 will first state sir, what consider to be the
issues before the House. Five thousand citizens OF
! the State, men, worneu and children, presented a
! petition to this General Assembly asking for the
passage of resolution submitting proposition to
! the people Of Tennessee, to ascertain their wishes
in reference to law prohibiting the sale of intox
eating drinks within the State The subject was
| referred to a special committee of the House That
committee, after maturely considering the nature
and object of the petition through their chairman,
Mr. Odell, report that it was the opinion of ma
jority of the committee that the prayer unrea-
sonable, and should not be granted. Mr.. Smith, of
| Haywood, moved to non-concur IN the report.
Now, Mr.. Speaker, while l. in connection with
other friends of the report believe that it should
! have been laid on the table and there renamed,
| uht the friends of submission had presented their
proposition in the shape Of a law resolution, that
we might have had an opportunity to examine Its
merits in detail, before being called upon to give
IL. tl,a -ftnr Sof m
confess, that to my mind the motion of Mr.. Smith
presents tangible and distinct issue for the consld-
Grafton and action Of the House Several points
are raised by the committee, which are properly be-
fore the House under the motion to non-concur
Ist Is the principle Of submitting resolutions to
the people to ascertain their views on given sub
iect which when ascertained are to be regarded as
instructions to the General Assembly; prorided
numerical majority rOte their fdror in accordance
with the spirit and genius of our State govern
ment?
ID If the principle be correct, would it be sound
policy in the legislature to adopt the practice?
The constitutonaity, expediency and necessity
of such law as is proposed to be migrated upon
the policy of the State, by so extraordinary,
are questions also egtimately open to discussion.
But propose to confine myself to the two first
points, leaving to others, more able and better pre-
pared than myself the examination of the subject.
However that | may be committed on the Who'll
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 OF
commerce, the laws of property, and the reserved
rights of the people.
lst | assume sir that to submit resolution to
| the people in the manner here proposed, for the
purpose of asceraining their views on any subject
which are to be received by the General Assembly
as instructions and as such obeyed, provided
r numerical majority of those voting approve the
proposition submitted, if not violation of any ex
press provision of the constitution is contrary to its
whole spirit and meaning.
The government Of the State of Tennessee is
representative government formed upon the princi
pie of checks and balances with written consttu
ton in which all the legislative power of the State
is committed to General Assembly, composed o
Senate and House Of Representatives each acting
separate and apart, and independent of the other
MOI bill can be passed into law unless it receives
g concurrent majority of lighthouses But it is insis
ted in argument that the 23d section of the Bill o
Rights implicitly confers the power the Legislature
to submit resolutions to the people in the manner
and for the objects contemplated, at least would
o Justify the adoption of the practice That section
. ! reads as follows
THAT the citizens have a right, in peaceablt
manner to assemble together Tor their common
good to instruct their representatives and to apply
d to those invested with the powers of government
for redress of grievances or other proper purposes
7 | by address or remonstranCe
: / have been surprised, sir, at gentlemen who
: have some reputation for astutenesS, and for lega
e information for their total nisconcepton of the
theory of our government. What is the obriOu
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 fear submission In the lorna
ton of our State governmentthe people surrendered
| into the hands of the General Assembly part C
their sovereignty and enoined upon that Assembly
the performance of certain duties among others tht
passage of all laws necessary for the peace, safety
0 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 the
people, and vote for laws against their will and in
terest they reserved to themselves the right of in
t struction, and consequently the implied duty of the
e representative to obey. But this is right to bt
exercised or not at the discretion Of the people
The necessity of its exercise is not question fo
the determination of the Legislature 1t is not ever
= joint act of the representative and his constit
h ents 1t is dormant power in the hands of the
people to be used whenever by rOt,ntary free 10ii
act they see proper to put it in force. Has the re-
preventative the power, then, to compel his cOnsu
ents tOinstrucR None, sir. What is the prayer O
the petitioners? THAT the legislature pass resolu
ton CALLING THE PEOPLE together to vote instruc
lions to their representatives. Would not such ar
act compel every citizen to vote upon the PROPOSE
= ton, or be dist1'anchized" The citizens of Tennes
see sir, correctly presume that in voting for
= bers to the General Assembly they discharge the
only duty binding upon them under the constitution
t connected with the Legislature of the State They
e at the same time know they have the right and
power to instruct their representatives and that the
representative is bound to obey resign they also
know that there exists power to compel them to
vote instructions, in they refuse, disranchse
them. ! call upon gentlemen to controvert this
: reasoning, or yield the point
The gentleman from Carroll OR. Hawkins) in
sists that we have precedent in the submission Of
our present constitution the people for their rat
ifcation and rejection. This is not parallel
+, case as any one may see from momenrs exam-
nation. The submission Of the question referred to
was as to an alteration of the organic law of the
State-a change in the fundamental principles of
the government, and was made in accordance with
vile, well waered and improved which will be sold in
lhe first section Of the Bill of Rights totally different
in intention and meaning, from the twenty-third
TO which / here call the attention of the House
The first section reads as follows:
"That all power is inherent in the people, and
all free governments founded on their authori-
ty and instituted for their peace, safety and hap
piness; for the advancement of those ends, they
have, at all times, an unalenable and indefeasible
right to alter, reform abolish the government in
such manner as they may think proper"
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