Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-09
NEW SERIES, NO. 374.

subject perfectly nonsensical In the Bill
OF Rights we find the trainers enunciatine
the same principle that was acted upon
and governed the action of the trainers of
the constitution of the United States. That
all power is inherent IN the people, and all
| free governments are founded on their
| authority and instituted for their peace,
safety, and happiness; for the advance
ment of these ends they have at all times
an unahenable and indefeasible night to
alter, reform or abolish the government In
such manner as they may think proper, and
( In order that no mistake might arise as to
the true meaning of and what was meant
| by the language contained in the Bill of
Rights, they have declared that it shall be
part of the organic law and the powers
| therein contained are expressly reserved
| and excepted out of the powers of govern
ment. What was meant? what was intended.
| by using language so plain and unmistak-
able? VIII it be commended for moment
that it was only intended to assert that the
| people have an inaienable right to re-
sort to arms when the government
fails for the objects for which it was orea-
| ted Why assert in such positions prop
osition that no one denies? Why this par
! ticularity In excepting those things from
i POMCAo VI kOFCIuDlcub uOG 61DT6SSiY
| delegated? The inference is irresistible
that the trainers of that instrument used
this emphatic language for the express pur-
| pose Of putting an eternal quietus upon
those who might possibly in the future
contend that the creature was greater than
the creator, or, In other words, that the
| principal had endowed the agent with more
| power than it possessed
! Rut anotbar y1rov,,s;ti~,, - II.
claimed, and that is in asserting that the
Legislature can restrain the action of the
| Convention, because it does not come in
conflict with any provision of the Consti-
tuition Of the United States, nor expressly
inhibited BY the State Constitution. This
mistaken idea grows out of the fact that its
advocates lose sight of the great fact that
changing or altering the fundamental law,
without the power is expressly delegated, is
not Legislative but revolutionary act,
and can be exercised by no power but the
| people in their sovereign capacity. Now,
sir, let us examine this proposition in an
| other light, and see if it is tenable The
restrlctionists claim that the Legislature
| has the power to restrain the Convention
because 1t IS not positively prohibited, and
that the right being delegated to make
amendments In one way does not negative
the night to do it In other ways not pointed
out. Now, SIR, by an examination of the
constitution, We find all legislative power
vested In the lav-Inakng power, which is
the General Assembly. Now, it nowhere
says that the Legislature shall not exercise
| judicial or executive powers. Why, if the
argument Is true that the constitution pre-
scribing one way by which power must be
\ exercised, Is not the exclusion of all other
modes-why cannot the Legislature per-
form the functions of the judiciary? It is
not expressly forbidden. Simply from the
fact that the constitution excludes all pow
ers, except in so far as permission is eX-
| pressly given.
| Why, then, deny these rights to the peo-
| pie? Are we afraid to risk them? Are we
| prepared to say that there is not sufficient
intelligence among the masses to exercise
their reserved rights decently, or in such
a manner as would rebound to the public
goods If we are prepared to so say, then
our system of government is failure. Do
those who contend that in conversation the
people IN the exercise of these sovereign
| rights think they can satisfy their constitn-
ents by telling them that they were afraid
to risk the people, or that they have not
the capacity to govern themselves? Do you
think this excuse will be satisfactory to
them? When We look back over the history
of this country for the last four years, sys-
tenn of legislation has been inaugurated
that has robbed 8, 600, 900 of people of their
sovereign rights and in violation of that
principle of the Constitution that declares
that the military shall be subordinate to
the civil authority, when they have
had drum-head court martials substi-
uted for the inestimable right of
trial by jury, when the
freedom of speech and Of the
press has been chained when
in Washington City, with the Courts
in full operation, an innocent female was
sentenced to death by military court,
while her daughter was imploring her exc
cutiOners for that trial by jury vouchsafed
by the Constitution; and the case of Mil
hgan, who was sentenced to be hung in a
State where the courts were in full opera
trvy-ys. -yygIyys,,
God-given and heaven-descended right
that tears open the iron-ribbed doors of
the loathsome dungeon, and brings out
from its filthy cells its inmates, and allows
them a speedy trial those sacred rights
have one by one been swept away, and the
only reason that could be assigned was, We
are afraid of the people-we doubt their ca
pacity at this particular time; and under
this plea almost every right that is held
sacred and dear by an American citizen
land without which our government would
not be worth the paper on which 1t IS
| written have been swept away.
Mr.. Cooper, of Beford, said that if there
was no other Senator who desired to adj
: dress the Senate upon the question, he pro
posed to close the argument in favor OF the
: proposition offered by the minority OF the
, Judiciary Committee The attack made
upon the report of the minority of the
d committee by the arguments of the Sena
tors from Gibson and McAIinn, require:
! that those who favor it should sustain thu
( proposition The arguments upon which
the report was founded were not now Il
his possession and not being able TO col
u lect those authorities, he hoped the Senat
: would defer further action until tomorrow
The bill was then postponed until to
morrow at IL o'clock, and on motion, tn
Senate adjourned until 10 A. NJ, to morTo7
HOUSE Oh REPRESENTATIVE
/ MONDAY, Nov. S.--The House met at