Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-30
TENNESSEE LEGISLATURE.
ROUSE OF REPRESENTATIVES,.
FRIDAY, Oct 29.-The House was called
to order at 10 A NJ, Speaker Perkins in the
nhni,. n,,d co N, ,nI,o,., ,,rnonnh


to order at 10 A. NJ, Speaker Perkins in the
chair and GO members present.
| CONTESTED ELECTION
Mr.. White from the Committee on Elec-
tons, submitted a report in the contested
election case of Fleming vs. Dillin, to the
effect that Mr. Dillin was legally and con-
stitutionally elected, and that he is entitled
to the seat now held by him.
| On motion of Mr.. Fleming, the report
was made the special order for 2:3O p NJ
next Monday.
CONSTITUTIONAL CONVENTION.
The House resumed the consideration of
the bill to call convention of the people
Mr.. Hornberger, of Montgomery, offered
the following amendment in lieu Of that be-
fore the House when it adjourned yester-
day:
Every male person not convicted and
rendered infamous for crime, of the age of
81 years, being citizen of the United
where he may offer his vote six months
next preceding the day of election, is here
by authorized TO assemble on - day of
-,"etc.
Mr.. Agee, of Campbell, moved to lay the
amendment upon the table. Rejected by
the following vote:
Ayes-Messrs, Agee Baker, Brown
Colville, Eckel, Harrison, Hunley, Keeney,
Layman, McBath, Mcconnell, Morrison,
Roach, Singletary, Slimp and Snodderly.
-16
Noes-Messrs. Baber, Barry, Barton,
Boyett, Bright, Caldwell, Casey, Cheat
ham, Clark Of Jackson, Dillin, Dunlap,
Enloe, Everett, Fleming, Glenn, Hamp-
tou, Hinkle, Hornberger, James of Ham
ilton, James of Smith, Jones, Kelly, Ken
ney, Knight, Lackey, Longacre, McClary,
McGaugey, Nicks, Nixon, Owen, Rhea,
Rosson, Russell of Hickman, Russell of
Rutherford and Bedford, Sadler, Saunders,
Sherrod, Slack, Smith, Spears, Steele,
Stephens, Thomas, Townsend, Tucker,
Walker, Warren, West, White, Wilson,
Young and Speaker Perkins-53.
Mr.. Hornberger said that the more he re-
Elected upon the question under considera-
| ton the more he became satisfied that
the position he took yesterday. Afteramost
careful examination, he had been able to
find no law, organic or otherwise, which
| conficted with the provisions of the amend
ment which he had offered. He then en-
tered into an elaborate and extensive ar
gument, based chiefly upon the Declaration
| of Rights, that "all power is inherent in
the people," that ''th6 people have at all
times an inalienable and indefeasible right
to alter, reform or abolish the government
in such manner as they may think proper,
also citing the constitution to show that
| these rights were never to be violated on
| any pretense whatever. Yet it was pro-
| posed TO violate these very provisions of
the organic law of the land by fixing quail
| tications as to who should vote for calling a
convention of the people, a power ex-
pressly reserved to tie people by the con-
| stitution, and which had never been dele
gated to any other authority. With the Ian
| guage of the constitution as explicit as
could possibly have been used, excuses
were being framed and specious arguments
offered for trampling down the reserved
rights of the people guaranteed to them in
| the Declaration of Rights. There was
nothing in the constitution to provide
specifically for an exigency like this, but all
| power was inherent in the people, and to
| the people we propose to go for bringing
| this convention into existence. The spirit
which went forth at the ballot-bOx in Au-
gust last was here to-day, and he hoped to
| God that nothing would be done in contro-
| vention of that spirit. Let US leave this
question entirely to the people. Let them
| decide it at the ballot-box. Let US not at
tempt to dictate to them who shall have q
voice in calling the convention. When we
say the people, we mean the people, and
not portion of the people. The General
| Assembly could restrict or refuse the con-
yention if it chose, but its right to do so
would not be derived from the constitution
or the laws, but from the people, from
whom the General Assembly obtained its
authority. Let this trust, therefore, be re-
| manded back to the people, not condition
allv, but fully and unreservedly. He,
for one, would bow unmuTmeringly and
with humility to the will of the peO,
pie. The bill now before the House and
the pending amendment would not operate
to repeal the constitution; it simply left the
question entirely to the people, in whom
| Gt all times, was vested the ''inahenablt
and indefeasible right to alter, reform Of
abolish the government in such manner as
they may think proper. What had the
franchise law to do with this question
Were we operating under the con
| stitution? No. We were outside of the
constitution: outside of the Law; upon tbs
broad ocean of the people. As for tn,
franchise law let the rotten thing sink on
of sight with the mass OF cOTOption will
which it was encountered. Let its hide
GUS features never again be Obtruded upol
the people who were so long oppressed wit
its restrictions. Let ii pass into oblivion
only to be recalled as an everlasting warn
ing against political prescription and hate
Mr.. Mcconnell, of Blount, said that tn
question under discussion was not whethe
the franchise law was odious or not HI
gentleman who had preceded him held tina
the friends of the amendment proposed t
90 outside of the constitution, and this wa
/ the very objection he (AIr. Connell) had t
the amendment. If the people were t
rise en- nldSse in their sovereign capacity
hold a convention, alter or abolish the GOV
eminent, and thus bring about a civil revC
= | luton, then he might understand how the
) | could 90 outside of the constitution, but b
2 | denied that this General Assembly had tn
% right to do So If such power had bee
o. delegated to the General Assembly he ha
S | not vet seen the authority for it. He the
2 read from the decision of the Suprem
1 ! Court to show that the political right of CT
f liens could be restricted by the people
J their sovereign capacity Had not the pee
e pie assembled in their sovereign capaclt
= in 1865. while the smoke of battle was SIT
, lingering around these old hills and had
+ not restricted the political rights of a eel
- tain class of citizens? Was not the actio
l. then taken still part of the organic la
4 of the land, and so decided by the highe'
1 judicial tribunal of the State =? The Gel
= eral Assembly had no right to dlsregal
l. that part of the constitution, and for tn
reason he was opposed to the propositlc
now before the House.
Mr. Townsend of Shelby, moved
= amend the amendment offered by NJ
Hornberger by adding the words, and I
. certificate or other qualification than Il
. foregoing shall be required = the judg
. holding said election.
+ To EMPLOY COUNSEL.
; Mr.. Fleming here moved to suspend t
!, rules that the House might take up Sena
Joint resolution to employ counsel to rePI
sent the State in the case of the Unit
u States VS.. the Nashville and Chattanooe
2; and Nashville and Northwestern Railroad
a now pending in the Federal Court. Agre
to.
Mr.. Fleming moved to amend the res
le luton, to apply to all suits OF a similar chs
4 acter which may be brought by the Unit
he States against railroads in the State, /
y | subsequently withdrew the amendmel
er and the resolution was adopted.
- CONSTITUTIONAL CONVENTION.
The House then resumed consideral
of the bill to call convention, the questi
- being on Mr. Townsend's amendmel
- which was adopted.
= The amendment offered by Mr.. Hornb
III ger, as amended, was then adopted.
MIR. Steele, of Marshall, moved to fill
blank in the first section by inserting II
, second Saturday in December, 1863, as
~ time for holding the election. The fl
he section as amended was then adopted.
lie The second section of the bill was adopt
without dissent.
Mr.. Russell. of Rutherford and Bedfo
-. moved to amend the third section by p
VI IL. Al. Il sbol1 la hold ,,ri