Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-01


purpose OF amending abolishiDg the constitution
or that the themselves may assemble in mass
meetings and send delegates 10 convention a. any
time and in any way for the purpose aforesaid.
But submit with all due deference to the opinion
Of others that in constituting instruments Of this
kind all its parts must be taken together, land by
the 18th section aud l1th article Of the consultation
tha bill OF rights is expressly made part thereby
and seemingly conflicting clauses reconciled, as,
if possible, give force and effect to every part Of
the same
,tention CT the trainers of The Constitution, Art.
and sec, ] OF tne Bill Of Rights mast be construed
in connection with the third section Of the eleventh
article. which relates TO the manner Of making
amendments to the Constitution
I The proper reading then, Of tae two sections
when taken together would seem to be This. sthat
the people have at ell times when allowed BY this
snecial act on the subject Of amendments right TO
alter or abolish the Constitution in such manner as
they NAV think proper, that is by Proposing such
alterations q they may Chico e." This would seeu
to be the only reasonable construction of which the
two sections cspabe, and the only one that gives
effect 10 both parts of The Constitution
OF what avail, would ak gentlemen are the pro-
visions 10 our Constitution toe subject of amend
ments if each aud every Legislature may author
iza the people to csh Convention for the purpose
of changing the Constellation. : ft-E7 :
How, I would ask do these restrictions and lim;-
tations upon the power Of amendments give stsbil-
itv and peruanency to our organic law ? Or how
protect Us and repeated change there
therein if the doctrine commended for some as above
stated be trae2 What folly indeed, do We atlrib-
ute to the trainers of our present excel cut Consti
luton When assume, that they by constitutional
enactment Gnd for the purpose Of preventing hasty
and radical changes in org arized law provided
that proposed amendments TO the Constitution
! originating with the Legislature should only be
subnitied to the people once in six yeara and then
only in particular way therin specified, aad to
hold at The time, that the Legislature, at each
session has complete and ample power TO authorlze
the people to call Convention to change or abolish
the Constitution at any and all times. Qk 1r
| This construction would place them in the stti-
! tuds of having provided against the lesser evil
while authorizing and encouraging the greater.
am CT those who believe that we,have no
authority under the Constitution to change that in
strumen, save and except in the mode therein pro-
/ vide d..
The Proposition then, submitted by the Lesisla-
ure two years ago TO the people, to ascertain their
will in regard 10 q Convention TO take into consid
GRAFTON the subject of amending, revising or abol
shing the Constitution, was without authority from
that instrument in direct violation OF the require
meats Of the said section of the eleventh Article
thereof, and therefore wholly nal and void to all
| ntents and purposes.
That an correct in this conclusion, brief ex-
tiors will, I think, clearly show
| All Constitutions, then, submit, are ordained
aud established mainly for the protection Of minor
tiles frcm arbitrary, oppressive, aud nnidst meas
urGs, enacted by msjOritss ia the heat of passion.
ensendefed BY temporary cauees, inducing them. in
the moment Of excitement, TO override the barriers
of Justice and to disregard the sacred rights of the
minority Msjorities themselves, need not the pro-
tecting arm Of e9pstitutionsl guarantees. They
ca Ir9teot themselves. It is then in the protec-
Il which constitutional governments afford to the
weaker party, that their wisdom and excellence are
| seen aud felt.
If the doctrine, however, commended for by come
20 correct that a bare majority may at any time
alter or abolish the Constitution, What becomes Of
these invaluable safeguards the rights of mnori-
ties II this construction be the correct one then
| away with your Constitutions. 4hey are not worth
she paper upon which they are written, and instead
OF being the firm organic Law Of the land guarding
aad protecting alike the rights of ALL they become
the mere resolves Of temporarily excited msjori-
~, to be sooner or later converted into powerful
J engines Of oppression.
| Without the restrictions and limitations in the
Constitution upon the power of amendments, espe.
cialy the limitation in regard TO time and the re-
qurement that tEosthirds Of the Legislature should
sanction the amendments proposed before being
submitted to the people for ratification or rejection
l our Constitution amounts to q mere mockery a
I
great Constitional safeguard which the wisdom and
foresight of cur fathers have thrown round the
rights OF saoSties, in order to protect them from
the hasty aud often may be runous action of bare
majOrities, acting from sudden impulse and tempo
| rary excitement.
| In vain have our foFefathers in framing Consti
tuition for orr Protec ion provided against the dan
| ger above alluded to, if it be true that bare
majority may, al any time, in violation Of these
I restrictions and hmitstions, change or abolish
the Constitution. ..-
| This position renders the limitations and rsstric
tons contained in the third section Of the eleventh
article Of the Constitution in regard to amendment
! perfectly useless and Fidiculo1s-a constitutional
nullity And the trainers of cur constitution when
ordaiu;ng and establishing the same, were but
enacting solemn fsres in the sight of High
| Heaven.
! No proposition then having been legtimstely and
eonslltuiodaly submitted to the pie for The pur-
| pose Of changing our Constitution within the last
six years, the present Legislature may do SO if they
choose 80 far as constitutional objection is concerned
The act of the last Legislature on this subject,
being in my opinion contrary to the prOvsioR of the
Constitution, amounts to a mere nuIlity and does
not preclude the action of the present Legislature
on the ssDe subject, shall therefore. vote against
the resolutions offered by the gentleman from
Blount (Mr. Bicknel.I But inasmuch as the vote
OF the people last year the question Of call for
conve ton Indicated 4 dsetei disspprUba'ion to
shy material change in the constitution, SHALL uR-
less have som. evidence of q change in the popu-
lar mind, or some indication that q change in the
constitution is called for by the people, vote against
any and all changes in that sacred instrument dur
ing the preseR. sssicn of this LIE Zisature-uness
otherwise INSTRUCTED by my constituents.