The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1858-07-23
JACKSON, Tenn, 2lst June, 1858.

| iSbbSi VI Vic Sbu ihots was oOtHc JlIbc
since, but circumstances over which had no
control have hitherto prevented a reply.
l agree with you that the question of
Amending, revising, or forming new Con.
stitutiOn" is of "grave importance to the people
of Tennessee, and one that demand, serious
meditation and profound investigation.'-
Without, at present, entering into an argu-
gument in favor of the Amendments that oc-
eur to me as being necessary aud proper to
the Constitution, shall content myself with
brief outline of some of the Amendments
which, in my judgement. should be Enade:-
First. The mode of appointing the Judges
of the different Courts, should, in my opinion,
be changed, and the appointment power yes.
ted in the Governor and State Senate in the
manner prescribed by the Constitution of the
United States. The wisdom of that provis-
Ion of the Constitution of the United States,
in regard to the appointment of Judges, has,
believe, never been questioned, and the on.
ly proposition to change the mode of appoint
ment prescribed by the Constitution of the
United States, seems to me to be the produc.
ton Of the distempered brain of some dsor-
ganizing demagogue.
That virtuous, Independent, upright and
enlightened Judiciary is the great bulwark
of protection to the lives, liberties, property
aud regulations of free people, is propos
ition, the truth of which, it seems to me, can.
not be denied, or disputed. If this PROPOSE
ton be conceded, then it follows as neces.
sary consequence that the best mode of secu-
ring such Judiciary should be ascertaned
and secured.
If the mode of appointment here indicated
was provided, the Governor and Senate would
be responsible to the people directly for q
bad appointment and could be held account
able for an improper or faithless discharge of
SO responsible and important duty and trust.
Under the present mode of appointment of
Judges. there is in effect, no individual re-
sponsibility resting on any one for a bad ap.
pointment.
Secondly. The Secretary of State, the
Comptroller of the Treasury, and State Treas
urer, should, in my opinion, be appointed by
| the Governor and Senate, in the manner be-
fore indicated for the appointment of Judges
The Secretary, Comptroller and Treasurer
constitute part of the Executive depart
ment of the government t, for the faithful ad-
ministration of which the Governor is direct
ly responsible to the people, and being thus
responsible it would seem but just and prop
err that he should be allowed to select these
officers for whose official conduct he is re.
sponsible. If he makes bad selection, he
is ameuable to the people, and they can hold
him accountable at the next election.
Thirdly. The Courts should be Constitu-
tional Courts, and not subject to be made, or
unmade, or changed at any session of the leg
islature, according to the within or caprice of
that body.
Fourthly. There should not be regular ses
sions of the Legislature held oftener than
once in three years. The Governor should
have power to convene the legislative body
on extraordinary occasions. as is now the
case if required by the public interest. The
sessions of the Legislature should be restrict
ed to ninety days. at most.
Filthy. The power of the legislature to
create State Indebtedness, il not wholly abol
ished, should be greatly modified and restrict
ed. If this were done, it could not well be
doubted that the value Of the bonds already
issued, and authorized by existing laws to be
issued by the State, in aid of Railroad COM
panies, and for other purposes, would be
greatly enhanced by such provision.
Sixthly. The power of the legislature to
pass local laws, or laws creating municipal
corporations of purely local character for
manufacturing, mining, &C., ought to be pro
hibited by the Constitution. 1t is competent
for convention to make Constitutional
provision for erecting all such corporations
without any legislation on the subject, other
than some general law, prescribing the man.
ner in which such corporations may be form
ed. The history of the legislation of Tennes.
nessee, for the last ten years. ought to con-
er of local legislation, and Of creating mum
cipal and other corporations, such as are here
specified, ought to be, if not entirely prohib-
tied by the Constitution, so limited and re-
stricted, as to prevent the legislature from
encouraging such corporations to the preju.
dice and injury of the people not directly in
| terestedi in them.
Seventhly. The power Of creating Banks
ought to be so restricted that all Banks
should be required at all times to have in their
vaults at least, one dollar in gold and silver
for every three dollars of liabilities Of all
descriptions against them. And no Bank
should be allowed to issue any note Of less
denomina alton than twenty dollars. Such
provision in regard to Bank issues, would
have the effect Of keeping in circulation
suificiency of gold and silver in the hands OF
the laboring classes, including small farmers
and mechanics. TO prevent them from suffer-
ing losses by Suspension Of specie payments
by Banks, which pas. experience shows will
occasionally occur, so long as Banks exist in
the country. And the Banking system is
too firmly ongrafted on the policy of the
country for usto entertain any reasonablohope
that it could entirely be dispensed with in