Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-08-12
". C. VAUGHAN.
JACKSON, TENN., june ., 1858.

W. c. VAUGHAN, ESQ Dear Sir: Your letter Of
the 9th inst. received some time since, but cir
cumstanees over which had control have hither-
to prevented 8 reply.
I agree with YOU that the question Of Amending,
revising or forming Constitution" is Of 'sgraUe
dHDoTtanss 10 the people Of Tennessee, and that de
7naads serious mediation and profound inUestgati0R
Without at present, entering into an argument IN
favor Of the amendments that occur to me as being
necessary and proper to the constitution, shall
content myself with q brief outline Of some Of the
amendments, which, in my judgment, should be
made.
First. The mode Of appointing the Judges Of the
different Courts should In my opinion be changed,
and the appointment power vested in The Governor
and State Senate in the manner prescribed by the
Constitution Of the United States. =
That virtuous, independent, upright and en-
ightened Judiciary is the great bulWaTk Of proec
ton 10 the lives, liberties property and regulations
of free people, is proposition the truth Of which,
1t TO me, cannot be denied disputed If this
proposition be conceded, then it follows as a neces-
ssry consequence that the best mode Of securing
such Judiciary should be sscertained and secured.
If the mode Of appointment here indicated was
provided, the Governor and Senate would be respon-
sible to the people directly for a bad appointment
and could be held accountable for an improper or
faithless discharge Of responsible and important
q duty and trust.
Under the present mode of appointment Of Judges,
there is, in effect individual responsibility rest
ing on any for q bad appointment.
Secondly. The Secretary Of the State; the Comp
troller OF the Treasury aud the State Treasurer
should, in my opinion, be appointed by the Go1ernor
and Senate in the manner before indicated for the
appointment Of Judges TheSecretary, Comptroller
and Treasurer constitute part Of the Executive de
parment Of the government, for the faithful admin
istraton Of which the Governor is directly respon-
sible 20 the people, and being thus responsible, it
would seem bat just and proper that he should be
allowed TO select these officers for whose official cons
duct he is responsible If he makes bad selection,
he is amenable to the people, and they hold him
accountable at the next election.
1hudty The Courts should be Constitutional
Cour's' ana not subject TO be made, OF unmade, or
changed al any session Of the Legislature according
70 the Whim OF caprice Of that body
foUrthty There should not be regular sessions
OF the Legislature held oftener than once in fbree
years The Governor should have power TO convene
the legislative body extraordinary occasions as
Is now the case, if required by the public interest
The sessions Of the Legislature should be restricted
TO ninety days, at most.
Filthy. The power Of the Legislature to create
Indebtedness. if not wholly abolished, should be
greatly modified and restricted. If this we're 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
companies, ana for other purposes would be greatly
enhanced by such provision.
SiIthiy. The power of the LepisIsture 10 mass
local laws, or laws creating muuicpisl corporsions
Of purely local character for manufacturing min
ing, &C, ought to be prohibited By the Constitution
IL Is competent lor convention TO make constitu-
tional provision for erecting all such CORPORATIONS
without any legislation The experience Of TeDpes,
see, for the last ten years, ought TO convince the
most casual observer that this power Of local islo
tiOn, and Of creating municipal and other eor1ora
tiOns such here specified, ought TO be- if NOT
entirely prohibited blythe Constitution; so limited
and restricted Hs TO prevent the Legislature from
encouraging such corporations TO the prejudice and
injury OF the people not directly interested in them
SsVsahy The power of creating Banks ought 10
be 90 restricted that all Banks should be required al
All times to have IN their vaults at least the amount
Of liabilities Of all descriptions gainst them Ana no
Bsnk should be allowed TO issue any note Of a less
denomination than twenty dollars Such provision
IN regard TO Bank issues would have the effect Of
1eePirg in circulation suficency Of gold and silver
IN me hands Of the lsborng classes includingems
eISIs and mechanics, to prevent them from SUITE
aosses BY suspension Of specie payment by
Shlcb past experience shows viii oocasions Ii
occur SO long as Banks exist in the country Ana
the BsnkiDg system is too 6-rIv "A 49, ~
o. te country for to entertain any SCI son
~O's nope 'ast" could entirely be dispensed with,