Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-13
REMARKS OF Mr.. eooDPAsrURE,

OF OvERToH,
DsliBeTs5 n he Senate Of The Tnnsss Lsgis0turs,
on the 1sf February 1883, upon fis Rs50laiioRs 20
amend tbs STATE C0Hstifstioa.
Mr. GOODPAsTURE said;
Mr. Speaker, desire that The Resolutions be rssd
BY the Clerk, as amended, for the information Of
the Senate.
They we're aecordingly read as follow:
ResOlUsd By de General AsssH5ly Of tLs STATE Of
Tsnnsssss That section Of article 2 Of the Const-
tuition Of the State Of Tennessee, be so amended as
to read after the words and forever thereafter"
election for members Of the General Assembly,
shall be held once in four years on the Ist Thursday
IN August; said elections shall terminate the same
day.
That section g. Of article 2. be so amended a 70
read, after the words "and forever thereafter" the
General Assembly shall meet once in four veara On
ton
That section 4, Of article s, be 80 amended as to
read the Governor shall hold his Office for four Years
and until his successor shall be elected and 6uali
ned he shall not be eligible more than eight years
in any term Of twelve
That section 8, Of article T. be 50 amended AZ 10
read there shall be Treasurer appointed for he
State BY the joint vote Of bolh houses Of he nsrI
Assembly, Wno snail hold his Once for four ves-s
should vacancy occur in the ONCE OF Trsa~Trs,
from death, reNignarOn, or otherwise. during tbs
interval between the sessions Of The Legisl.p. 49,
Governor shall fll such vacancy bv spp,i14-,,-,s
the apDOintes 10 hold his ONCE until fbe f-st gs
Of the General Assembly, and until bis suosess7 i
appointed and qualified who shall perform tbs -
duties and be eatitled to the same emOluneBts Il
the regularly appointed Treasurer.
There shall be appointed by joint vote OF bofb
Houses Of the General Assembly, a Comptroler al
the Treasury, Who shall hold his Office for fos-
years; should vacancy occur during the interval
between the sessions OF The General Assembly. he
Governor shall appoint a Comptroller. who shall
held his ohce until the FIRST session Of he General
Assembly, and until his successor IS appointed and
qualified
Resolved further, That the amendments herein nm
posed, take effect, aud 60 into full operation from
and after the first eleetIOn for Governor and mem
bers Of the General Assembly, after The ratification
Of said proposed amendments by the PEOPLE
Mr. Speaker, do not intend 90 enter upon
lengthy description Of the resolutions now andor
consideration, 1 only desire to give some Of ~
reasons which have prompted me in introducing
them for the consideration Of the Senate. feel bo
ever, that the arguments are With ne, and would
not fear the result Of investigation and discussion
hold first that ia all understanding the oryaBie
laws Of State, the voice Of the people ouTbt 10
be heard, and when ascertained, obeyeI. I hold In
the language Of the declaration of rights 81 fbot
all power IS inherent in the people, and an fras
governments are founded on their authority and in
stiluted for their peace safety and happiness. for
the advancement OF those euds, they have az al
times, naliensble right TO alter reform or abol-
ism the governments in such manner as they think
proper" Government is for the people, they create
IL for their own convenience, ana as experiences
may prove wherein 1t is defective, they have he
right and are fully capable Of reforming il As The
public good may require; is an age Of improve
ment; advance in the arts aud sciences is almost
unprecedented in any age OF the world and vbv
not improve in the science OF government peo-
pie like ours, with republican system Of govern
ment require but little legislation The laws should
never be changed unless demanded By the peopIe-
the Of all PeWer and authority. Experimental
legislation is dangerous 90 cur institutions and
snolld never be encouraged. The voice Of the PEG
pie should control the aoOn Of their representative
Changes in the laws, or the necessity Tor new laws
should be suggested nrst by the people. Let them
speak OUT ana through their represen aves let their
voice be heard IN the halls OF legislation This ia
what ! understand 70 be meant BY a representative
form Of government like ours, where eli the peopIe
cannot assemble together and be heard in person.
They delegate this power TO representative. who
speak for themselves and do what they would do if
present themselves. But how has it been with rs
10 practice? Does the Legislature carry out this
grand idea Of q representative government They
certainly do not. There has scarcely a Leqisaturs
assembled IN tennessee, for the last twenty years
when there has not been hundreds Of new PROPOSE
lions introduced, whose merits had never been dis
cussed before the pc pie, new ideas conceived in The
brain the represe lLatIye not emanatng from the
people, neither have the people been consulted,
whose right il Is 10 be heard upon ali new PROPOSE
tons; the effect Of such Legislation Is simply thig
the people taken BY surprise Law is forced
upon them without their having demanded il Of
the hands Of their representatives. they become dis
satisfied and The next Legislature repeats what the
former one enacted. H0W WASH with the actcreating
the Office Of COuntyUOurtJ Judge, and the creating
the office OF County Tax Assessors SIR, It's known
by the Senate and by the members Of the other
branch Of this General Assembly, that not less
than forty bills were drawn during the Erst three
days Of the session, 20 repeal those acts they are
now repealed, and man knows 70 day, whether
they we're good or bad laws; they not in force
long enough TO fully test their merits, but this much
We do know, they we're uncalled for b. the people.
Experience, sir has long since proven 70 u.s. that We
have too much legislation. Our laws are becoming
more and more complicated. One Legislature en-
acts law, and before the people fully understan
its provisions let alone its praoucal results another
repeats IT, or mOdihss it,, that the people are and
unless some reform Is adopted, viii continue 70 be
ignorant o. the laws under which they live; The
provisions Of which they are bound 10 observe and
obey. All men, Il is true, are presumed TO know
he law, but that, Mr. Speaker, you know is a very
rash presumption, for It's we'll known that men 90
violate the law, and held responsible for such
violation, when they are wholly ignorant Of its
provisions. Changes in the law always produce
confusion and litigation. Laws that have long been
a force unchanged the people became familiar with
md learn to observe them. IL requires time 10 test
my new law; two years is insufficient. Il is
ILIerly impossible within that time TO determine
my degree Of certainty whether statute viii ulti
nately work well or not.
By the time or before statute is construed BY he
supreme Court, and the practice settled under it, it
repealed consequently, We are not prOhled By the
abors Of the Supreme Court. Their learned opin-
Ons upon the construction Of statutes reported
annually. So as the statutes are repealedthesa
eports become dead letter. The consequences ia.
We are constantly upon sea Of uncertainty in the
Of the law. There is nothing more
important than that our laws should be stable they
hOuld never be changed unless there is great ne
essity for it. Adopt The reform proposed BY he
esOluti0ns now uader consideration and you wiz
0 q very great extent accomplish the object 90
luch desired and so important Suppose our Le-
islature should meet but once in four years, We
T0uld have no more new propositions introduced
han we now hBAe, and doubt, whether we would
ave as many; cur sessions would be no longer.
onsequently would save one half Of the expenses
Onsequent upon Legislation, which assure you, is
% small item this amount the people would save
be tax payers who have 10 bear the expenses Of the
0vernment
Another and strong argument that might be urged
favor Of the proposed reform is we have two many
Opular elections; We now elect our Judges and
ttOrneys Gneral By the people, in addition 70 the
asst number OF other popular elections. So many
lsctions are calculated 70 keep up excite
lent, and to distrust the peace and quiet Of
Doiety, if net its morals The p0oploin my opinion
emand an opportunity to express their viii upon
he proposed reform, and for one, an willing aud
ven anxious to give them that opportunity.
lean see no use in the Legislature meeting oftener
ran once in four years; adopt this reform and We
al have fewer eEtrayagant appropriations out Of
re public Treasury, for objecls OF doubtful merit;
e viii haYefeWer incorporated companies, to swim
e the people. No Inconvenience can result from
In cases Of emergency the Governor has the right
convene the Legislature when in bis judgment
lie public good requires it.
hope, Mr. Speaker, the Resolutions win pass.