Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-09


should so decide, could such aconvention.
holden in pursuance thereof, act upon and
propose tethe people amendments IN other
parts of the Constitution not so specifed?"
The court said: Considering that the
Constitution has vested no authority in
the Legislature, in its ordinary ac-
ton, to provide by law for submitting
to the people the expediency of calling
convention, it is difficult to give an opin-
ION upon the question, What would be the
power of such a convention if called2 II,
however, the people should determine by
their vote TO call convention to consider
the expediency of altering the constitu-
ton in some particular part, then the.
Convention would beconfined in its action
to the parts so specified, and would have
no right TO act upon other parts of the
Constitution not specified. +" C Gushing,
573.) Here we have Legislature, in the
case cited, conceding that it did not have
the power TO limit the Convention, and
desiring to know if the people themselves
could so limit it. The gist of the de-
cision is that convention, for
aohdt it shall do, bears no relation TO the
Legislature, but to the people. As totine
and place of assembling, it does bear a
relation to the General Assembly, or the
body calling it together. The Wlteia,
Wbere and hoaO is of course in the hands
of the proposers. But tcISat it shall do,
question between the Convention
and its constituents, the people.
The latter may instruct the
Convention directly opposite to the in
struction of the Legislature; and here we
have a conflict If the restrictions of the
Legislature are legal and binding, the
great principle that the people may in
struct and petition their delegates and
representatives is defeated. We insist
that the Legislature has no power to thrust
its power in between the delegate and his
constituents. Let the Legislature carry
out the viii of the people in the depart
ment with which it is entrusted, and the
delegate equally in his. Both are repre-
sentatives of the people; each are separate
and Independent offices and trusts, and
each equally responsible to the people.
Otherwise the Convention would be but
The echo of the Legislature, and the latter
by indirection may govern and control a
body in the consideration of organic law,
the consideration of which is denied to it
IS a Legislature. Is it not unwarrantable
presumption in a Legislature to reason
thus? The people are about to have
convention to take into consideration re-
forms in the fundamental laws of the
State
''The people were very Fortunate
say they, Gin selecting us as their
representatives in the Legislature,
And, poor creatures! they may not be so
fortunate in the selection of delegates to
a convention. Good fortune seldom comes
but once in life time, and therefore we
had better look into this convention bust
ness for them, and see that neither they
nor their delegates do anything foolish
| especially that they do not destroy their
liberties. We know the people mean
right-generally do right We know
moreover, that they, as a class, are the
| source of all power-fight all the battles,
organize all the labor, carry out all the
great duties and responsibilities of govern
ment We know, too, they have great
interest in good government-as well for
their personal welfare as that of their pos
terity. We know, too, that in matters of
conventions and alterations of the organic
laws, they are very jealous; and this jeal-
ousy generally induces them to elect very
prudent and safe men-Inen of expert
ence-men who have been trusted-men
who are capable of considering the vast
interests at stake, and who have stood out
among their fellow citizens in all the rela-
tons of life as just, good and trne. We
know, too, that the people can de-
mand that the action of this conyen.
to be discussed ana Jassrrr upon at Int mt
the final arbitrament-the ballot-bOx. We
know, moreover, that if the Convention
should err, the people still have the right
to repudiate its action and its members.
We know ours is a very good government,
and that there is generally hid away
among reserved powers a remedy for al
these wrongs, yet we are members of the
Legislature. 1t is true that We were
elected upon the ground that we would
call convention, and the people so IN
derstOod it and voted for US. We know
the defects in our Constitution; the OLE
ship had just passed through a storm
that tried Constitution, all its timbers a
times were disjointed and out of place
Some of them are still hanging loosely
about her side. In the confusion of af
fairs and general prevailing disorder, the
people have once or twice conc
to her rescue, and put on patel
or two TO stop leaks that threatened to en-
gulf her; the people have generally CEN,
up properly to the work of the Constitu
ton. We do not doubt that, and WIZ
should they not =? Isn't it their COnstitu
tion2 But we are sentinels Oh
the watchtower Ii is our duty t.
see that the people do not harm
= themselves. We are prescribing 70
the ensuing two years, and do no
propose that our patient, during that time
shall consult any other physician, although
we are incompetent to remedy the evil
The law on Oaths forbids us to touch thi
disease, but we feel still that we are EN-
powered and authorized to keep all othe
persons-even the people themselves
from prescribing. Again, we see, too
that when the direct question upon whicl
we are called to act now, came before tn
courts of New York, the largest and mos
important State in the Union, whose pow
er, wealth and influence has won for he
the appellation of Empire State,
=