Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-06

belongs to the congress Oh tne OHitSu
States yet it does belong to the Legisla-
lures of several of the States. The Con-
gress possesses only such powers as are
expressly given TO 1t, such as shall be
necessary and proper for carrying
into execution its express powers,
whilst the Legislatures OF the States are
invested with all the powers of the peo-
pie, limited alone where restrictions have
been imposed Therefore, whilst it may
be true, as argued by publicists, that I'M
der the constitution of the United States
the Congress has no power TO call con-
vention of all the States to amend the
constitution OF the United States, because
the express grant is not imposed IN II,
nor is it necessary or proper to carry INTO
effect any of the powers expressly
| granted. Yet it is equally true that the
Legislatures of the several States may "a
majority concurring) call such a conven-
lion, even without the consent of the
government of the United States, because
the State Legislatures, clothed with their
grant of general legislative powers, are
enabled to supplement the other depart
ments, and to make lawful provision for
the imperative exigencies of the State.
Now, if we are right in these PROPOSE
tons, that the people have no legal right
to assemble and elect delegates to con-
vention, for the purpose of altering, re-
forming or abolishing the present State
government, only by and with the assent
of the existing State government, given
by the Legislature, and that no conven-
ton can legally assemble except by our
permission, then we ask cannot this Gen
eral Assembly give its consent, and at the
same time specify the subjects upon which
the delegates, when assembled, shall be
permitted to act and will not the limi-
tations so imposed be obligatory and of
legal forcel We know that this can be
legally done by the Legislature, and can
be thus imposed as a condition precedent
to the Convention, by virtue of the power
implicitly granted the Legislature by the
sovereign electors of the State, and not
prohibited by the constitution of the
United States, nor by the constitution of
the State.
But even if mistaken in this view of
our power, yet as all power, ii is argued,
is in the people, if we do impose such re-
strictions in the "bill - calling con-
vention, and the people at the ballot-box,
on the day designated, adopt it with the
conditions annexed, then we respectfully
submit that as the only authority, under
and by virtue of which the delegates as
semble in convention, originates with the
established government, and becomes eff
fective when sanctioned by the people,
that if the terms are violated by the Con-
vention, all its ordinances outside of
the express grant of power would be void,
unless subsequently ratified and confirmed
by the people at the ballot-box, and, even
in such a case, of doubtful validity before
the courts.
Hence we urge that if, in the opinion
of Senators, it is desirable to limit and re-
strict the Convention as to the particular
subjects about which amendments can,
should or ought to be proposed to the
present constitution, that the Legis-
lature has the clear and indis-
putable right to withhold its assent
TO the voice of a convention, except for
that specific purpose-and to that extent
alone, if agreed to by the people, would
the delegates be invested with legal power
to act.
IL Is Il great ullsldhC " Niidl Ltit
Fright of suffrage" is one of those ''un-
ahenable and indefeasible rights" which
''are excepted out of the general powers
of the government, and shall forever re-
main inviolaten-on the contrary it is ex-
pressly enumerated as one of the "privi-
legeso that may be taken away, upon
proper cause shown.
Now, if. the Legislature, under the
American system of government, is
clothed with all the powers vested by the
people, through their institutions in the
elections, except such as are expressly
prohibited, and that the General Assembly
is invested with the power of giving the
consent of the existing State government,
in the will of a convention; and that with
out such consent, the election of delegates
to a convention, and their assembling,
after their election, would be illegal and
revolutionary, and, upon proclamation of
the Governor, dispersed-and upon their
refusal, the Legislature could demand of the
United States aid to assist in having it dis
persed-then we respectfully submit, What
valid objection can be made, to this Gen
eral Assembly, clothed with this acknOw-
lodged power, resolving itself into a con-
ventiOn, and adopting such amendments as
may be deemed necessary, and in accord
ance with the public will, and then submit
ting the amendments 50 adopted, TO the
people for their ratification or rejection.
But one serious objection can be made
to our adopting this plan-and the force
of which we are willing to adrit-yet,
when weighed in the scales, with the many
advantages to be obtained by pursuing the
course suggested, the objection loses most
of its power and effect This objection,
is that we were not elected for any such
purpose, and that whilst our constituents
might be willing TO impose upon US the
power TO legislate for them, yet they
might not be willing TO elect us delegates
to convention TO change, alter or modify
the organic law. This objection although
plausible, is more spurious than wise-and
| ought to have no force, when cOnsid
| cred in the light of the many advantages,
which the plan now proposed presents TO
the thoughtful mind, earnestly desiring
the good of the community.
OF course we do not assume that the
entire wisdom of the State is now assem-
bled in the capitol at Nashville. On the
contrary, we know that many of the
| first intellects of the State are at their
homes in the quiet pursuit of their daily
avocatiOns, watching with intense anxiety
the course we shall pursue. But we do
most earnestly insist
]. That the Legislature of the State
now assembled is composed of as good
average of material for capacity and puri-
~ as can be hereafter assembled under an
election for delegates to the convention.
.. That the convention will be COM
posed of but one body, and the delegates
meeting in the same chamber, and there
fore will be deprived of that useful and
beneficial restraint, which observation and
experience has shown results from two
separate and Independent bodies, upon
whose separate, yet concurrent action the
enactment of all valid laws depends
3. That the members of this Legisla.
turc have actual knowledge of the wants
and wishes of the people in regard to the
alterations they desire made as fully a!
the same number of new delegates, be
cause they were elected with the accurate
knowledge of the condition of this com
munity, and sufficient wisdom TO remedy
the evils complained Of and thus relieve
the necessities of the people.
And this can be done rapidly, effective
" and in strict accordance with law, ant
: secure, if necessary, by the approval o
| the people at the ballot box, to whose po
: tential voice the approval or disapprova
of the proposed amendments would hav
2 to be submitted.
/ We have left out of view entirely tn
question of expense, but in the present de
pleted condition of our treasury, this
/ non, in fact and truth, a weighty cOnsid
Grafton. Let the members of the Legisla
+ ture ponder upon it.