Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-06

1
institutions under which the Legislature
assemblies are silent on the subject, anC
even when, by their express provisions
exercise of the power is limited, if no
prohibited, except under certain state o.
facts. That they inaugurate such pro
ceedings by enacting,
/. That Convention may be called,
fixing the time and place of its assem-
bling, and number and qualification OF
the delegates.
2. BY designating, in addition to the
number and qualifications of its delegates,
the subject matter about which the Con,
vention, when assembled, may proceed to
act, thereby restricting the delegates in the
exercise of the power conferred, so far as
amending or reforming the existing con-
stitution-and which limitation the dele
gates of the Convention are bound to obey
especially if the authority under which
the delegates are elected and assembled, is
approved of by the people.
Now, if these propositions are correct,
does it not follow that the Convention
is the mere creature of the Legislature
that it exists alone by the will of the
Legislature. That it is a non-revolutionary
body, only as they find its enactments are
binding or made legal by legislative action.
Its powers, duties and authority are con-
ferred alone by the Legislature. Ii SO,
why not dispense with the Convention
altogether2 Why not assume the respon-
sibilities boldly and manfully, and adopt
the necessary amendments, and propose
them to the people for their approval or
rejection? If approved, they viii be-
come part of the organic law. frejected,
they are nugatory and of no force.
The time has passed for clinging to
mere forms. The enlightened int6lects
of the day look TO the substance of things,
not to the mere forms. The substance
sought is the reform and amendment OF
the constitution of 1884, as amended by
the acts of 1S65-lS67, so as to meet the
demands ofthe people. Cannotthe Legis-
lature adopt and submit to the direct
vote of the people without the interposi-
ton of convention, the amendments de-
sired2 If it can, why not do soY The
effort will do no harm. 1t will cost
but little labor and time and expense. The
machinery CT the government can run on.
There viii be no hating, no uncertainty,
no fear, no doubt. 1t is conceded that
the Legislature can perfect the necessary
amendments through convention, to the
assembling of which, before it can be
made legal, the Legislature must assent.
That this Conventionwill be composed of
a certain number of delegates elected in a
particular manner, and with certain
qualifications, all fixedby the Legislature.
Then if this is so, and such power belongs
to the Legislature, and it can act through
agents created by ii, and who are depend
ent on it, why cannot the same Legisla-
ture accomplish the same results by direct
action?
What valid objection can be made to
this view2 The validity of the amend
ments proposed, together with their form
and effect, whether adopted by conven-
ton composed of delegates elected by the
voters, under the consent given by the
Legislature, or by the Legislature itself,
depends at last on the approval of the
people. Then, under this view of the
subject, where is the necessity of delega
ting TO others that which this General AS
sembly has the recognized power to do
itself!
We frankly admit that there is but slight
force in this argument if the Senators
hold tothe political view that the people
of the State can get together in different
parts of the State, and say that they are
'fhe people," and set up government
or adopt amendments 10 the existing con-
stitution without the approval of the regu-
lar State government, and say that they
are adopted, and therefore obligatory
Why, what would be the practical effect
of such a doctrine2 One body of men
assemblies at Knoxville; another at Mem
phis, and another at Nashville, all vested
with the same authority, with like qualiti-
cations, and equal members-and each AS
sembly establishes in the State new gov
eminent, or adopts amendments to the
old, and each require obedience from
the citizens of the State. What would
such a condition of political affairs in the
State be but anarchyi What kind of Sc
curity would be furnished to the peaceful
citizens by tumuluous, disorderly and un-
bridled exercise of power on the part of
the people Would such condition of
affairs be desirableI Is that our boosted
constitutional government! No, sirs, nof
On the contrary, popular power with US
has regular action, not stormy and tu-
mutuOus and antagonistic, but harmoni-
Gus in its movements and secure in its
operation. The stream of public au-
thority under our American system,
originating with the people, and assented
to by their Legislature, and then ratified
by the people at the ballot-bOx, has the
strength of mighty river, while its waters
are pure, clear, transparent. 1t IS power
full for good 1t produces no tumult, no
violence, no wrong We recognize the
principle that the people are the source
of all power, and when it becomes neces-
sary to ascertain the will of the peo-
pie on new eXigency, or new state OF
things, or of opinion, the Legislative
power provides for that ascertainment by
an ordinary act of Notwithstanding q
convention or by submitting the necessary
amendments direct TO the people for theiI
action. Such has been our whole his
tory.
WHY not ascertain the will of the PEG.
pie under our present eXigency, by sub,
hitting to them the proposed amend
mentsl What wrong can be dOnei What
irregularityl What damage can possibly
arise!
We do not believe that a convention,
when it assemblies, is unlimited in its au.
thority above all written law, unrestricted
by any power save the will of the dele
gates, and therefore above all cOnstitu
tions; hence, we do not entertain the SAINT
fear resulting from the assembling of del
egates in convention as many of the citi
zens of the State do. Yet, if the opinion
should prevail as argued by some
that when the Convention assem-
bles ''it will possess every attribute o.
absolute sovereignty, except such 81
NAV have been yielded up to the gov
eminent of the United States"-"tha
it NAV reorganize our entire system, /
may suspend the writ of h0be0S corpus
and overturn the executive, Legislative
and judicial departments, then we d'
say that this boundless power we vii
never yield to any body of men, II, a
members of the Legislature, we have tn
| right lSgally 10 ltStIiCI IT. NCl'ahly :"
will not consent to do so, when we hav
a constitution so complete in all its pro
visions, so popular with the people, an
which only requires few amendment
to suit it to the changed condition of GU
State affairs resulting from the late civ
war, and the subsequent attempts of
minority TO retain power in the Stat
against the will of the majority.
To you, Senators, we leave the turtle
consideration of this important subject
Either method proposed, it is argued b
some, is outside of the constitution, an
therefore peaceful revolution. If so, VIII
should we not adopt the safest, the speed
lest, the cheapest We submit our actio
to the people If we are too radical
our opinions, they will correct us; if "
do not 90 far enough, they will instruct u