Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-03
THE CONVENTION BILL.
The Title and Preamble Considered

Inc kItle ana preamble COnS1uere
To the Editors of the Union and American
1t was the saying of a very wise man I'll
, words are the counters Of wise men; tn
, do but reckon with them, but they are Z
money of fools. l trust that this COZ
munlcation in regard to the great bill nc
pending in the Senate, may not beconstrut
as mistake on the writer's part of coun
ers for money. On the contrary these r
marks are offered with difidence, and a,
only advanced because the present is OF
OF the great occasions, sometimes arisin,
when the most commonplace ideas are Il
least out of place. might add that Ii
thoroughly representative character of Ii
present General Assembly, and the franl
ness with which it has come up to tn
emergency, invites rather than repels r,
spectful criticism. The bill is so truly COZ
ceived in the spirit of the constitution, tbs
would fain see its just intent expresse
In language which shall satisfy the mos
tastidious lawyer, while it shall carry con
viction to the mind of the plainest man
and L might add, cut off debate before tn
most invidious tribunal.
The style of the bill, 4 BIZ to authors
the people TO call a contention, is not mere
ly misnomer, but is in fact a reversed
statement of the proper appellation of the
bill. The Legislature has no power to au
thorize the people to call a convention. Or
the contrary, it is the people who authoriz;
the Legislature to call a convention. The
Legislature is but the agent of the people
while the convention is the people them.
selves. The right of the people to alter,
reform or abolish the government does not
contemplate any action of the sovereign
people through the Legislature any more
than through the instrumentality Of either
OF the other coordinate branches of the
government. And, since Magma C.artd.
this principle has been so completely recog-
nlzed as an axiom of constitutional law that
to all common lawyers any other view is
simply paradoxical The bill in question
then, we submit, should properly be styled
an act TO carry into effect the tciB of the
people to meet IN convention.
The same objection as to the style of the
bill applies equally to the third section of
the preamble, which sets forth that, Where
as, In the opinion Of this General Assens5Iy
the public eTtgetcies do nO1o demand tie
exercise Of tile reserged right Of the pe0Dle
to cdH a contention, etc. But that the re-
cent debates have shown the controlling
spirits Of the House to be unusually con-
versant with constitutional law. we should
be tempted to suspect from this language
that the trainers of the bill labored IN
der radical Misrepresentation of
the vital principle of the constitution as
in the Bill of Rights.
Briefly, then, it matters nothing what
may be the opinion of the General Assem-
bly, as to the expediency of calling a con-
ventiOn ct this time. 1t is in direct oppo-
sition to the whole system of constitutional
law to suppose the motion to originate in
that body. And when the sovereign people
are convened, in the persons of their Sc
.ected delegates, the convention will owe
none Of its Legitimacy to the act of the As
'embly calling it together That is merely
an act of the sovereign's authorized agent
pursuing, like any other agent, the instruc-
ions of its principal. The preamble in
question, therefore, either intends an alb
iurdity, or else it fails to express the mean
ng of its trainers. We submit that the
rue intent of that part of the preamble
should be expressed in words equivalent to |
AHd lohereas, at tie election
IF this General assembly the members here |
II 30ere Instructed TO cGH a constitutional
etc.
The members know whether or not they /
we're so instructed If not, then they have |
10 power to call a convention, certainly. |
f they are in doubt as to their instructions. |
is their plain duty to refer the question |
II convention or no convention to the peo-
DE, as was done in February, 1861, when
he proposition was voted down. And, by 1
znows that he was elected upon his pledge /
% vote for a convention to be called at as
aarly day as pranfieahlA has no choice of |
but would be guilty of moral /
reason did he either refuse now to carry
)ut his instructions, or did he presume to
hinder and delay the known viii of the
sovereign people, by referring back to
hem a question on which their Represen- 1
atives are instructed. A member of the |
General Assembly, in his vote upon this as
lpon any other bill, is taken to be but the |
nouthpiece of his immediate constitu- |
'nts. Individually each member knows
whether he was elected upon that IN
Outstanding, and, therefore, collectively, the |
General Assembly knows whether it is in l
tructed to direct the election of members |
If convention. II is the people who or
Ter it, and their servants, the General As |
embly, who direct the execution of the or
Ter. The people at the August elections |
,ould as well have ordered the Governor to
all a convention by proclamation, or the |
Circuit Judges by mandamus and the or
Ter, if indisputably given, would have been |
equally obligatory with the instructions |
which were received in August by the peo-
1le's representatives. Where it is intended |
here shall be a simultaneous movement of |
. large number, upon some one is imposed |
he duty of giving the word of command, |
md in this instance it is imposed on the |
Legislature.
The members of that body are repTesen-
atives subject to instructions, but the mem |
oers of a convention are delegates and |
heir acts are the acts of the people imme-
lately. The sovereign people and their |
representatives in the Legislature, are per-
ectly cOntra-distinguished as principal and |
gent The constitution Is the written in |
tructions of the principal, but who shall |
ay that principal may not recall his writ |
en- instructions and Cin the language of |
he Bill of Rights alter, reform or abolish |
hem in such manner as he may think |
proper? An agent, acting npon written |
may refuse to receive others |
rom the party he represents; but, If so,
he consequence is that he ceases to be the |
gent of that principal, who is thenceforth |
10 longer bound by his acts. Now, |
While the people are in constitutional con- |
rention the principal and the agent may be |
aid to be engaged in personal interview; |
Turing which time, of course, as in all |
,ther cases of agency, the written instruc- |
ions are suspended. What change the |
convention may see fit to make in the con-
ititution will thenceforward be that much \
,hange in the instructions of the principal |
% his agent.
This being the relation of the people to |
heir government, the height of absurdity !
vas attained a few days since, in the mo-
ion made by some member TO amend the |
dill so as to limit the action of the cOnven- |
ion, when assembled, to certain subjects |
Little less absurd was the proposition that |
The political disabilities imposed by the in |
famous franchise law, shall operate in the |
election of delegates to deprive any of the
people of q right which the Bill of Rights |
declares, in so many words, to be IN
1HendJle and indefeasi5le. The right has
indeed never been aliened, but it has
during the last few years been defeated by
fraud and violence. Beneath that govern
ment the people of Tennessee have been
like toad under harrow.
From that situation they are now at last
rescued by the present General Assembly.
%sH
CHOLERA RAVAGEs.
ErO,,,. Uur,y,a-oa Uban.4,s a Eaav