Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-06
THE CONVENTION BILL IN THE
SENATE-THEy MINORITY, RE.
PORT. ~


I The opinion has been announced in the /
Senate, that the Legislature, in the act
calling a convention, may Limit and Fe-
strict the action of that body. This re-
markable and original idea is found in the
bin in lieu introduced by Senators Cooper
of Bedford and Nelson, the minority of
the Judiciary Committee. -
The idea is found in the following Ian
guage ''And whereas no changes can
be made by The people in the Fundamentals
laws of the State by delegates in con-
vention assembled or otherojse, without
the consent of the existing State govern
ment given Bythe General Assembly ofthe
State previous to said meeting, and
whereas it is a a6eH settled principle Of
constitutional Tar, that the. General AS
semhly has the unquestionable right to en-
force conditions, restrictions and tfnattd-
tons upon the action of said delegates
in convention assembled. - r e1t =
-
The political heresy is approved by
Senators Cooper of Bedford, Nelson and
others. When the bin in lieu was defeat
ed, an amendment, declaring upon
what subject the Convention might
act, when assembled and restricting its
action to these subjects, was introduced
and voted for 7ear IS -ar'i
It is the more remarkable when we
consider that this sentiments announced
in connection with section of our Bill of
Rights, which, by section 70, article XI, of
the Constitution, is made part thereof, and
which declares "That all pot0er is in
hereyat az the people and all free GOV
ernments are founded on their authority,
and institutes for their peace, safety
and Happiness; for The advancement Of
| these ends, they haze at all times an
aa7aIieno6Je and iadefeGsi6le right to
alter, reform or abolish the goUern-
mert, in such manner as they may
think proper. "
The sentiment contained in the
article just quoted is the highest,
noblest and most sacred ever attained in
the history of governments, and is deeply
radicated in the the affections of free peo-
pie everywhere "Au power is inherent
in the people" says the friend of liberty.
The people have no guardian, are moi
trammeled or circumscribed in the exer-
else of these powers; on the contrary,
'they have at oil times an Unalienablt
and indefeasible right to alter, reform on
abolish the government in such man,
aer as they may think proper"
Theidea announced in the Senate is, thai
call power is not inherent in the people,
but in the people, with the consent of the
Legislature; that the people may "alter,
reform or abolish " the State government
provided the General Assembly consent.
thereto, and allow them SO to do; that the
people may assemble in convention, pro
vided they are first invited thereto, by theil
creatures, and when assembled, may TAXI
into consideration such alterations an(
reforms of their government, as the Gen
eral Assembly may be pleased to allow
The power once conceded TO the Genera
Assembly to dictate to the assembled
sovereignty of the State what may bt
taken into consideration in the way o.
reform of the fundamentallaw, establishes
in our midst an oligarchy, violates anC
defeats the highest and hottest principle
of our government, and lays all rights ant
liberties at the feet of the Legislature
If they have the power to dictate wha
measures they may take into consideration
then they may defeat the people il
convention altogether by withhold
ing the right to pass upon an.
measure, or those measures most desira
bic TO be got rid Of The declaration i
that the people may "alter, reform o
abolish the government in such name
as they (the people, may think proper.
| The manner of it is to be determine
F by the people. Now, have the peopl
, determined in what "manner' it shall b
. | done Sec. of Art. n. declare
| the manner in which the peopl
may do it, by the agency of the Legisla
ture, whenever they may deemit necessa
~ to do it that way but this is not ex
elusive or exhaustive of their unaliena
bic or indefeasible' rights upon that sub
ject. There is still reserved power 4
accomplish it Gin such manner as the
may think proper" not in such mamie
as they may previously adopt and declar
in some previous law, but in such man
ner as they may think proper notc, or a
the time of the alteration.
The "unalienable and indefeasible'
right to do thing carries, CT II ternlini
all conceivable means, agencies and pow
ers, and absorbs everything, and involve
all manners and auxiliaries that can b.
brought into action.
What does the Constitution mean when i
declares certain rights of the people to b.
"unalienable"-that is, rights that ma,
not and cannot be transferred or exercised
by any other body or power-and when
added TO this, we have that other word 0.
weight and massive meaning, "indefeasi
bic to wit, not to be defeated or made
void And what right is it, to which thest
words of power and force are annexed
Our Constitution clinches and binds The
right of the people cat all times to alter
reform or abolish the government in sucf
manner as they may think proper, " witt
these potent words, which, by their very
power and inconceivably strong meahing,
could have application to nothing less thar
the sacred rights they protect.
What is the government but the creature
of the people? For whose benefit but their
| WAS IL ulauC anu at NhOoC hiSIdIIo aHO
for whose benefit should il be altered, re
formed or abolished 1t was created by
the people, and is sustained by the people;
and without them there would be no gov,
eminent. They made it for themselves
they were not made for il; and how
dare the Legislature to throw itself
between the people and their government,