Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-09
THE CONVENTION THE MIN
ORETE REPORT-WETAT TEIE
PEOPLE SAY OFT.

state Senate on the proposition for calling
convention, is so grave and mOmentous
that it demands land il seems likely to re-
ceive i) a response from the whole people
of the State.
The tone of the argument is that the
people having elected Legislature be-
come its subjects, and in electing the
Legislature surrender their right to ''alter,
reform or abolish the government" except
by revolution, and that the people must
look TO the Legislature for theterms and
manner" and extent of such alteration,
and have no power over the subject except
as the Legislature gives it. And the practi-
calpart of the argument is, that the people
shall not be allowed to hold convention,
and if they attempt it, they must be dis
persed by the existing State authorities
To man who has studied the science
and theory of government, and especially
our Bill of Rights, the statement of the pro-
position well nigh depTives him of the calm
ness and dignity essential to the discussion of
public questions. A usurpation of author
iiy is rarely justified or defended as a
usurpation. Most commonly, as in this
case, ingenious arguments are made to
prove that it is lawful. This minority
report at once proves the wisdom and fore
sight of our foreiathers, as contained i'm
that most sacred instrument, the Bill of
Rights. They not only said 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; they not only said
FOR the advancement of those ends,
they (the people, have at all times an
UNALTENABIE and INDEFEAsIBLE right to
alter, reform or abolish the government
m such manner As they (the people, may
think proper. They not only said these
things, and put them, by way of pTom-
nence, in the first article and first section
of that sacred instrument, but as if con
scious that at some day men holding
place and power, would not hesitate,
plain as they are, by the forms and cere-
monies of enactment always more or less
weighty and potential, 10 seek to an
nul and oycuun them-thcy 0he
trainers of the Constitution looking
back over their work when they
come to close ii, in the very last article
and last section, and as if with an eve
looking at least 50 years into the future,
said ''rhe declaration of rights hereto
prctirCd is declared TO be a part of the
constitution of this State, and shall never
he violated under any pretence whatever
ind 10 guard against trdglSqreSSiOR
If the high DO1CCrS tCG hare delegated,
ere declare that cUcyythiRg contained
IN the bill Of rights is crcC}Dted ont Of;
the gcGcr0t pO1cers II g0rCyRRicRt, and
shall fOreCer remain iHUiOidte.'
So il viii be seen that the bin of rights
begins by declaring this sacred truth which
is denied by the minority report, and the
constitution ends 10y not only reaffirming
it, but i'm the exercise of that caution
which seems to he the wisdom of inspira-
ton, 'to guard against transgression, the
wise men, who have now nearly all gone
TO their final home, Crcepted these sacred
rights ont of the general powers of gov
eminent What was it they excepted out
of the general powers of government, and
what did they mean by it Il was
the right of the people to alter,
reform, or abolish the government
ia such manner mot simply by TeyOlu-
tion) as they may think proper And
they meant, that this subject, this right of
the people to alter, reform, or abolish the
government, was not the subject of legis
lation-that neither by a majority or mi
nOTitv report, neither by bill or resolution
by the Joint or concurrent action of the
two houses, nor by the action of all the
coordinate branches of the government,
could this unalenable and indefeasible
right be taken away. They excepted it
out Of the general powers of government.
And yet, in minority report, which
claims the merit Of being carefully con-
sidered and the result Of a careful exami-
nation of all the authorities by most
elaborate and wordy argument this sa-
cred right is sought to betaken away from
The whole people of the State.
The propositions contained in this ar
gument are startling, and if they should
meet with favor in the Senate they will
become the subject of well nigh univer-
sal condemnation among the people. So
mOnstrous a population as this, even
when the public mind is morbid, can
not escape the seyerest criticism.
1t assumes that the whole people of the
Stale assembled 10 alter OF amend the con
stitution would Doe but the creatures Of the
existing State government and that the
100 men who happened TO constitute the
Legislature al the lime would permit
them to proceed, prescribing their duties,
or dispcrse them as they might deem wise
and proper. This proposition is startling,
and it proceeds from that great evil, the
love OF power, which has oyerthTOwn
pnpular government i'm all ages of the
world. This minority report is a notice,
at the same time furnishing the argument,
10 every man in the State who happens to
he a member of the existing State gov
eminent, to stand his ground against the
people, aud il necessary, aid in dispers-
y inc them when they come together Where
is the remedy of the people. You an
swer 10y waiting and correcting the evil
AT the ballot-boX. But suppose future
Legislatures persist in doing As the signcrs
of the minority report have done, that IL,
disregard the will of the pcopc-for no
man can hope TO ever come nearer una
uimity than was seen at the last election
an this subject; and where is the remedy.
Il is time that all parties, everybody, ca
ucctcd the movement for a convention to
rmanaic from The Legislature; because 10y
such cmanajiou it has order, harmony and
concert which it could not otherwise have
without great trouble; but that the legisla-
ture of State alone can breathe into the
people. organic life, sovereign power, is a
political heresy, and is not approved by
one single American authority The mi
nurity report rumhajs the proposition that
under the Bin of Rights the people have
2 the unalienabc and indcfcasibe right to
peacefully assemble and alter, reform or
abolish their existing State government,
and declares that this proposition is in di-
rect conflict with all the American author
lilies. This plcthoric assertion of ''all the
American authorities is hackcdhy refer
,ncc to one single case, Luther rs. Borden;
7Howard /. This is a noted case. lis
his0ry is known in the country as well as
the hgal profession. Every railroad law
yer in'be State who reads this minority
report iii be amazed, that for authority
il stan,s alone on The case of
Luther e. Borden. The learned
Judge VIII delivered the opinion in
that case, IN he conclusion, rs Il fearful
that some SKINNER would misconstrcc
what had been aid, made this emphatic
declaration:
'No one, we bteve, has ever doubted
the proposition, TIA according TO the in
stitutions OF this co|'ry the sovereignty
in every State resides the DcOpIe of the
State, and that they ma. alter and change
their form Of governmV al their own
pleasure
The question in that cas- was one of
fact. had any change been me
Turning away from the tL,rv of this
most remarkable paper to III practical
question before the Senate, as scrssed
I IL, u m