Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-10-28

cerned be made opposition 10 the passage q
propositions to amend but regarding tne expires zen
Of the people against calling constitutional CO..
veuion to indicate their opposition 70 ameudm nts
10 the construction now in force he should vote
against such propositions At the present Tine
Mr. WHITE, Of Davidson, thought the cali for :
convention was made in perfect accordance with
the provisions Of the Constitution, and that this
Legislature or any other, could do the same thing;
il was specific amendments only, as be understood
Int that were admissible but in six yearP.
ne should vote for the resolution offered by the Sen
ator from Blount Mr.. Bickneli,) and hoped al
rronosstions would be voted down, unless another
rropesition should be made to call q convention,
that he would favor.
Mr.. BENNETT said: Mr. Speaker: I feel that i
is duty to assign some reasons Tor the vote snal'
Give on this question / do notregasdit as unecn-
s,itnfional or that we are prohibited from propOs-
ing amendments to the Constitution at this session;
although an free to confess that when come 70
vote upon proposition to amend l shall De very
cautious and careful how shan eaei my vote. Ior
in the main am opposed TO amending the Consil-
: tnton But the ouesieni is whether the Legislature
has the power to propose to amend al this session.
cannot see how there can be doubt upon the sub
iect, according to my view Of It. Now let us take 4
into confederation the fact that We can propose but
nca =, eVerv six wears amendments to the Cons,i
fntion when hey are submitted to the people. What
was uret,osed BY the LAST Legislature! Did 1t come
! under the clause of ihe Constitution that lazy |
amendment or Amendments TO this cohsl'unonh may
) |
J. ives and if tue same shall be agreed to by ma
ity ~ sflthe members elected to each of the two
. Honses sucS proposed amendment or amendments
- shall be entered their journals, win the yeas
and nays thereon, aEd referred 10 ne Usn.Fal az
sembly then next 10 be chosen; and shall DC pun
:; Ished SIX months previous to the time OF maKing
- ,ucs ehtiee." There is particular manner, mode
and specife thing to be done. Lst US Keep tEst I'M
der consids Audif in the General Assembly
- next chosen as aforesaid such proposed amendments
a r sr,endmsKts shall be agreed 10 by two thirds
~ or all the Members elected 70 each house, tnen II
~ ,bal be the duty Of the General AsseDo by 70 SUE
init such proposed amendment or amendments 70
=, the people, in such manner, and at saeh time, ss
- the General Assembly shall prescrios" Now Mr..
Sneaker. it is insisted thai that vas done BY the
ga last lie gisature Unless that done hy The last
/, Legislature Of course, all the arguments IN favor
49, Of the resolution pending fall TO the grounu:
Under what authcri,ydid the latt LIE gs AZURE acl:
Did they propose these amendments IN mat way
lat Not ct ell. #
he IN The hearts of the people; subsists BY the
reople Yet there is 8 power su- Perler 70
the constitution: it is the sovereign People OF
DO tbs state Of Tennessee If the Constitution st-
self is no more nor less thans set OF sent hen's
ON that exist in TIE heart of the people, the people can
at any time change, revise, amend or maze ~
u.s. Constitution. TIE Legislature can 90 II py SUI
CHI mittinga proposition the people ior Ine
Ct ascerisining their views on the SUBJECT Ihe
teopIe can do it. however with, ut auhoriy,tr they
can meet in prima VI assemblages and delegate tae
rover 70 their representatives,, because In } sse
mower superior to the Constitution.
The proposition of the last Legislature; let Us ge
| oefore US what it was. l consider that II the lie
9& giylature Tour years ago, bad been FOR IT. ana
- The succeeding Leg slstare met, had tWo-tnifas o
The me- bers thereof been ia favor Of IT, ana thel
suhmted il to the people, could not propose any
nh erdments 10 the constitution for the succeeding
six years But has thst been donsY That Is To-
question. WHAT was the proposition submitted
tee, Reads Ike act calling the convention mat Is IN
ing PROPOSITION, Il isnot aPrOPoshOnto ameno, oes
ling os;tion To submit 70 TIE superior poWerthe pow
erthat can control the auth rItythat tney may VOL
re- for or against the calling Of convention 70 reVlss
ks alter, amend, OF form new CONSTITUTION. eupPo.
rom hey rad voted for the calling OF eonSehLou Ne
r oopyeued and met in pursuance OF tbs act, soul
heir hes not have had fll poH 70 oha1ge, revise
lys, ANNA our present fundamentsl law or make NC
one for cur government! -, r,
ard Why have not q doubt but that the pi esehs ~
R. oi.latTre could submit the question again 70 %
re- Seop!e; and the PEOPLE c5ud agaln alLneagH Sns
miob have but lust voted fsinst 1t, vote Tor Col
ton vs1ton This is a government OF the People' a.
Da in six months after they have voted 20 re0s ~
aud s;itutonfl- Convention, ssys undsr 'ns o0o'ill
contained in the Bill Of Rights, the people eOe
urr- have et together again AID called seonFennon
rvs tbevtbsupht proper aud would have oeeh DC.
re- ito ,ber. What is The declaration Of rights
lent very frtt srticle OF our Constitution says
rover is iuherf ut in the people, Inc Sciy ~
that was pfcllul StSA "
or of cur Republic, slmost-" and all lice gOVei
{ the mehts are l'ulo W -, - - banniuess: for &
~Au sdysncsanent Of sse ends they have, AZ az tl
an inalienable and indef.asIb.e right 70 sl'er'
~ form or abolish the government IN sueh sts
aker thew nav think proper" If they think rgDe =
oroDer, certainly. that is the Bill of Rights-tl
Ten the doctrine recognized by all parties IN tne pa
this Of Tennessee Have not We rlga' " 49,
bank the people a simple proposlhonE DO yOu
well do Won not desire Convention to alier, revise
t day amend the Constitution And Il 'Asy sey
docs that preclude US from submitting tne 50
sus- question again to the peoPleF -hhen tne Ley
tnre rtIrsues the mode laid down IN Article ~ .
fol- i'm of The Constitution and those things iher
contained are complied with, then before SIX ) e
Ten expirss that proposition shall not be again ma
early hut when We submit the proposition 20 the PEG
state whether they desire to change, sbosh or mou
mar or form a new ConstitptiOn, that question does
ond come under that clause Of our ConsunuHc OF al
D, the This is an important question, Mr.. Speaker
held desire to hear it discussed. happened to be
r sent from my seat at the time the special order
sus- made for this day and felti duty 10 say
cur much as have said and when come TO vote u
these resolutions shall certsiny vote . no
Mr. BARKSDALE. Mr.. Speaker, i would
Bank more consistent with modesty, considering my
Of all 10 be a quiet listener Than to be participant
this discussion bat intend to vote agslnst
the resolution l with to give some of the reasons
Temp The que stion before US, M Speaker, 49, IN we"
set the Proposition that vas submitted to the PEG
'Eees, during the year 1901 ofIer' Ie'lse " .'s
sm Of pressut Ccnsti u ion, have We the cOnsuluuo
Sc the rigbt as legislative body to propose any anne
reula- men, 10 cur state INST tutiep say Atr spe
N the e. that we have that right as legislative pc
.-- for sewers res sons cOnteI there are Two W
word 10 alter the Con titution Of the stare; one Is
tho npcple. ard be other by legislative resolve.
mend the B.lI OF Right, which is msde part Oh
Constitution If The State Of Tennessee 1t says "
nend- poweris inherent in the people Article NJ
H tie Cd section Of the Constitution ssys tne ~ 81
d. tvre m v rot ose am ndnent or amendments.
But Mr. Speaker what is the object Of me Y
stitution? Ii is rules endregulstions lsiu Gown
the goverrm, mt Of the Legislature-tor ressric1
9 the LeeislatuI e-and by the Constitution me
- To' jslature wss brought into existence shsli se
u Mt il al ,ovsther-the Bill Of Rights and Article
per- that is always the in the eODstrueonoi ess
Seu tbing Of thai character But rule OF CONSTRUCT
is that we shall take the plain intent ane pss
N1P ipg of tie ThraeeOlogy and terms nhee uO' =
Bill Of Rights say Il is 'tbat AZ power y IL
rent in the people, and all free governments
founded on their authority, and inltl'u'ed Tor
70 ap; peace safety and happiness for the ao"ancer
arsons IF those ends tkey have ut all times
WITH we take the plain inttnt and meaning of that pl
m, so geology they have the right well as any
50 er time-"at all times, unaliensbe ana inde
under sbe right to alter, reform or abolish the Con
tuition What does inalieuabe meant IL me
that which cannot be lTausferred-that Walen {
~. not be delegated and if they had attempted
I, IF could not have been done. What does indefeas
Of Az mean? That which cannot be made void oc 20
| :, IL I'm
mend bic Let Us make TINS cIause " ea Soa,;o
ont NJ harmonic with Article II, and the 90 Sectlon
tatsn it gives the plain intent and meaning We haV
~, COZ saw that the people have the right at all time
line of aier, REFORM Gci ana I9~ eSn 49, 49, L.
county nize WIN lne oe'uVn Wntsn ao =; ~ 20
miles. tare shsll bot haye Ine lIspS 10y - ~ -;
ule, In view OF JUS s.uVe " i:O.'' aIand ~
people within The last six years! CONTEND
mend Soeaksr that the proposition submitted last
dwell, was not under the article because the last u
lature submitted the call for convention.
does the third section Of the eleventh article
"A and scribel It says the Legislature may propos
amendment if a majority Of the Legislature ar
nron it, and then it shall be submitted to the col
F-'F Legislature. Was that done in this essel n
,no;pt | all.
Z These are my reasons, Mr.. Speaker, Why
Orve vote against me on ~ INC o nrsted 10
o,rov- l shall vote for any amendment proposed at