Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-09

/ OF Onc lOC1ltl hl1G d1OtnCA Snkb VI 6uOtAcE,
or indeed that none of its works should be
submitted to the people? 1 trust, sir, that
the motion to reconsider the vote by which
the substitute offered by the Senator from
Bedford, will be permitted to sleep the
sleep that knows no waking, upon the
table and the ingenious arguments by
which it was sought to be sustained, find q
quiet resting place among the archives OF
the State.
Mr. Clementaon-Mr Speaker The doc
trine that the agent can restrain the princi-
pal, and that the creature possesses higher
attributes of sovereignty than the creator,
is one so much at variance with all precon-
eeiyed ideas-is one so astounding-th at
first blush, it would be repealed from all in
telligent minds, was lit not that its advocates
rank among the finest legal talent of the
country. This entities it to consideration,
in legal point of view, that it could not
derive from any other source. Now let us
apply these principles to our form of gov
eminent; and, in order to do so intelh
gently, let us understand the great funda-
| mental principles that underhe and upon
which our government is founded, it is
necessary for US to go back to the fountain
head where our revolutionary fathers burst
the chains that bound them to the
mother country We find each Of
| the Colonies acknowledged as indie
pendent sovereignties, it was neither
profitable or desirable that they should long
remain in this condition, although they had,
by common consent, fought together under
the articles of confederation when all its in
conveniences were overlooked. A short
experience in time of peace soon demon
strated the fact that its provisions were
wholly inadequate to conduct young, ris-
| ing and ambitious nation to a proud and
| glorious position. Then right here our
| proposition rises up prominently before us.
| The Colonies were not acknowledged as an
| independent government under the articles
| of confederation, but each Colony was ac-
lnowledged as independent.
But we find each of these surrendering a
| part of their sovereignty to be exercised by
| the Congress under the grant of powers
| contained in the articles of confederation.
| This did not continue but for a short pc
Rod; the fact soon became manifest that
| the powers delegated for federal purposes
were too limited The Consequence was,
that convention was called, not for the
purpose of abrogating the existing form Of
| government, but simply for the purpose Of
| amending the articles of confederation.
The convention was called, and instead Of
| its following the restraints imposed by the
Legislative department of the govern
| ment, they wiped out of existence the ar
ticles of confederation and formed an
entirely new government which is the one
| under which we now live, and one import
| ant provision that was incorporated into
our constitution was that it should be the
| organic law whenever it should be rah-
fed by nine States. When il was adopted
by ten States according to its own
provisions, it left three States outside of the
new union formed. Then we have here in
the first instance, in which legislative re-
strictions we're imposed upon a convention
assembled for the purpose of modifying or
| changing the organic law, which was treat
ed as a nullity and at time too when the
the great fundamental principles upon
| which our government is founded,
were we'll understood
They thought then that they were acting
in their sovereign capacity, and that no
power Cd earth could refrain them. Now
| we go to this new government that was
formed by this convention, and which IS
| the supreme law of the land to-day, and IN
| the examination of that instrument we
find one great idea pervading the whole
of that system then and there inaugurated:
that the powers of the government de-
pend upon the consent of the govern
ment acknowledging the fact in ev-
cry conceivable way and guarding in
every possible manner against any other
construction That the people are the great
great source from whom all power
originated, and by an examination OF the
tenth amendment to the constitution we
find that the powers of sovereignty are
classified or divided into three great heads;
all powers not hereby expressly delegated
by the constitution to the government, nor
prohibited by it to the same, are reserved
to the States respectively or to the people;
| lodging all the sovereign powers that ever
existed alone IN the people, into three
great central heads. The constitution OF
the United States was the grant of dele
gated powers to be exercised by the federal
g0 ,gGg I8 ttRRecS iRt eSeraise5
through the machinery ae6ff of State govern
ments Then there is one other great de-
pository in which remain all the balance OF
! power not apportioned in establishing
the federal and State governments Tins
mower was reserved to be exercised only IN
cases of great emergency. The public good
, | demanded its exercise either for the pur-
pose of aopting one form Of government to
| the GREAT diversity of interest and changes
that must necessarily attend. The progress
, of all nations to strength and power. This
| unlike the other two repositories OF power,
, | has no subdivisions or appointments o.
! | power. We find the federal government
| Tor rather the powers of the federal gov
9 ernment) divided into three heads, co
ordinate and co-edual within their respect
i've spheres, vet neither having the right t.
! encroach upon the other. We find th'
! law-making power exclusively vested II
: Congress; but in order to prevent this de
y partment from transcending the bounds 0
+ It's delegated powers, there is one cheel
q lodged in the executive. He Is clothes
q | with the veto power. Then, again, Their
= is the judicial department, composed
: men learned in the law, whose duties re
. | ouire them to expound the laws passed b
/, the legislative department, and to waite
y, | with a Jealous eve any innovations upo
- the powers not expressly delegated. Th
. great object in view seemed to be to pre-
% vent one department from making innovf
# tions upon the other, presenting torl
,e of government with its various subd
N visions or appointments Of power moyln
a. within their respective spheres.
"a With perfect harmony the State govern
ments have the same classification IN IL
nc executive. Legislative and Judicial depar
"a ments. Now, while we admit that Il
N States through their legislatures a
as clothed with all power that is not e
:. pressly prohibited by the State Constit
I | lions OF has not been delegated to Il
10 federal government (that Is, in its lie
islative capacity L deny that changer
~ or altering the fundamental law OF q
n State in any other mode than IS express
a delegated by the instrument itself, can
"a classed among Legislative powers IN the COZ
,1e mon acceptation of the term; but all 8
nd powers that are necessary to be exercls
if in running the machinery of the State 60
IA ernment, no matter to what extent exc
ar cised, so that it does not conflict with q
af Constitution of the United States and
VI not expressly inhibited by the State Go
nc stitution, can be clearly exercised by t
,,n different legislatures; but the right to
,ot ter the organic law, unless the power
~ expressly delegated, is not Il
, II islative but a revolutionary act, a
in the absence of express permission c
bio be exercised only in one way, a
70, that is by the people in convention asse
ION | bled, acting in the exercise OF their reser'
MI | rights. ANY other construction would ute
TTb defeat the will of the people. What OBJ
,ral had our fathers in view when they cla'
fed our government into its different
on partments, and guarding with such Je
nan Gus eye any infraction by one departm
net of the government upon the rights Dc
1Tcb gated to another; imposing checks and
The straints, checks and balances, that woulC
the fully guard the rights and liberties OF
No subject as to render it almost improba
nm that the necessity would ever arlse I
do would call upon the people to interp
, Of their reserved rights for the purpos'
2tbe putting down usurpations. Now, moth
son is palmer than the proposition that all
20 powers of both the federal and State Il
- | ernments have restraints and checks