Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-09
THE CONVENTION BILL-TEEE
MINORITY REPORT.

We have already spoken OF the leading
ease-Lrther as. Borden, Z Howard
which is relied on by the minority Of the
Senate committee to sustain their position
that convention sis the mere creature
of the Legislature; that il exists alone by
the will of the Legislature. The com
mittee also refer TO a few other cases to
maintain their doctrine. The first is the
case of Montgomery Bell rs. The Bank
of Nashville Peck's Rep The question
there was whether the Legislature of Ten
nessee could establish banking corpora
ton with power to sue and be sued. The
court, in making the decision, utter this
dictum- ssThe Legislature of Tennes-
see, like the Legislatures of all other SOW
ereign States, can do all things not pro-
hibited by the constitution of this State OF
of the United States. As matter Of
course this is merely intended as an enun-
citation of the well recognized principle OF
our system OF government, that to the
Legislatures of the several States is dele
gated by the people the right and power
TO legislate within the limits of the con-
siitution of the United States and of the
State In other words, that to the Legis-
lature the people have delegated the 'egis-
lutiue sovereignty. 1t certainly was
never intended by the court to declare
that the Legislature had the power to
make constitutions or constitutional
amendments, or to elect delegates to con-
stitutional conventions, although not pro-
hibited from so doing by the State or
United States constitution.
Sovereignty" says Mr.. Jameson
in his work ON constitutional con-
ventions, sis indivisible. SovereigntySSis
indefeasibe; that is, ii is incapable by
any iuggle based upon legal analogies OF
being defeated or abrogated. As ex-
pressed by James Wilson in the conven-
ton Of Pennsylvania to adopt the Federal
Constitution, Sovereignty is and remains
in the people Sovereigntyis inalienable.
BY this it is not meant that the exercise
of sovereignty may not be delegated.
To delegate to another the exercise of Q
power within prescribed limits or for
determinate purpose is no alienation of ii,
but supposes it to be still virtually in the
original hands"
This is what is meant by the decision
of our Supreme Court above mentioned;
that the exercise of Legislative Sove-
reignty has been delegated by the people
to the Legislature within prescribed limits,
for determinate purposes. To presume
the Legislature to be sovereign in any
other sense would be to admit that sove-
reignty was both defeasible and alien
able.
The case in 8th Humphreys, coming up
from the City of Knoxville, simply de
cides the power of the Legislature to en-
trust TO the city authorities the imposing
of tax for certain specific purposes.
The case of Davidson County as. The
Louisville and Nashville Railroad Com
pany, l Sneed, decides the power of the
people of county by vote to levy a tax
under authority from the Legislature for
railroad purposes. The action of the
North Carolina Convention was based
on the ratification by the people OF
the suggestions of the Legislature.
Hence, we find nothing in these authori-
ties to sustain the position of the Minority
Report that a convention is " the mere
creature of the Legislature that it exists
alone by the will of the Legislature. "
We do not pretend to say that there
may not be found speeches, dissertations
and arguments in favor of the position
ofsthe Minority, just as they have been
for few years past, in abundance,
speeches, dissertations and arguments il
favor of the usurpations of the Radica
Congress-the Legislature of the Union
But what we do deny is that this view ii
ouattYiyI -tual IiTi-2na x sIaaft" lsitne' deI0s
itory of the most sacred earthly interest
of the people We do deny their RICH
to make themselves 'masteTs of the stu
alton as the Radical Congress has done
We do deny their right to say (eTen i
they be "fully instructed in the nobl
science of government, y that they vii
not willingly submit them (the rights o
the people, we SUPPOSE to the hazard 0
unrestricted authority and unlimited pow
er. "To the hazard of unrestricte
authority and unlimited power" of what
of whom! Is the Minority afraid to en-
trust 'the peace. safety and happiness" 0
the people to the hazard of the unrestTict
ed authority and unlimited power" of tn
people themselves2 This to our ca
sounds little too much like Compression;
dictation. 1t has not the clink Of @
well settled principle of constitutions
law. Can the people of Tenne'
see tolerate this idea suggeste
BY the Minority in the preambl
TO their biIl-that it is ga well settle
principle of constitutional law, that tn
General Assembly has the unquestionabl
right toenforce conditions, restrictions an
limitations upon the action of the dele
gates in convention assembled, and thi
said convention can have no legal exis
ence without such consent l1reCj0usi
given" If the people of Tennessee al
prepared to quietly submit to such dict'
ton, to such usurpations of their ow
State Legislature, then Radical Congre'
has Judged correctly of them in the impt
sitions, restrictions and abominatior
which il has heaped upon them. The
the people of Tennessee are worthy slave
Of most unworthy Congressional master:
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! TEE CONVENTION BILL -TERl
MINORITY REPORT.
Whereas il is a well settled principl
l Of y,,,,,s.it,,t;oDol low that the General Az