Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-11
sumner--James ]. Turner,

White-G. q. Dibrell.
Wilson-W. Fl. Williamson and S. G
Shepherd.
| Williamson-S. S. House.
Carter and Johnson-Wm. 3. Garter
Greene, Hawkins, Hancock and Jeffer
son-A. A. Kyle.
Knox and Seyier-J. A. Mabry.
| Scott, Morgan and Fentress-J. c
Parker.
Rhea, Bledsoe, Hamilton and Sequat
chie-D. M. Key.
Grundy, Coffee and Van Buren-Matt
Martin.
Smith, Sumner and Macon-George E
Seay.
Davidson, Robertson and Montgomery
John F. House.
Rutherford and Bedford-John E
Dromgoole.
Lincoln, Marshall and Giles-John C.
Brown.
Williamson, Maury and Lewis-A. O.
| j. Nicholson.
Benton and Humphreys-W. II.
Doherty.
Perry and Decatur-G. W. Walters.
Carroll, Gibson, Madison and Henry
John s. Brown.
Dyer and Lauderdale-A. T. Fielder.
The absentees we're as follows:
Cannon-Warren Cummings.
' DeKalb-Jo. Fl. Blackburn.z
Fayette-E. Fl. Shelton.
Henderson-John M. Taylor.
McNairy- John H. Meeks.
Wayne-R. P. Cypert
Anderson and Campbell-H. Il. Glib
son.
Polk, McMinn and Meigs-T. NJ. Bur
kett.
Upton, Shelbya and Fayette-Humphrey
R. Bate.
Mr.. Baxter-Mr. President: The law
authorizing this Convention has not pre-
scribed any oath to be taken by its men,
bers, and do not myself know whether
an oath is expedient, because the Consti-
tuition to be made here is MOTTO be effect
i've till ratified by the people. But as it
is usual in such cases, before proceeding
to the discharge of our duty, l presume
that it would be appropriate voluntarily
to impose on ourselves an oath of some
point committee of three to prepare the
form of an oath, such as we shall take
and subscribe to before proceeding to dis
charge our official duties.
Mr.. Heiskell-If it is stated by the
gentleman from Knox (Mr. Baxter that
it Is in accordance with custom for such
an oath to be taken, have to say in re-
ply that l hold in my hand the Journal of
the Constitutional Convention of Tennes-
see of 1884, and that is our only prece-
dent. That Convention, sir, perceived
the difficulty and improperly of taking an
oath to support Constitution they were
about to destroy. l think the motion of
the gentleman from Knox is premature;
but when this. question shall be properly
before the Convention, l now give notice
of my intention to move 10 follow the
precedent of the Convention of 1884.
Mr. Baxter-I understand that the gen
tlcman from Shelby (AIr. HeiskelD is OPP
posed to taking an oath TO support the
State Constitution, and very properly he
may be- But while tbs Convention is
vested with authority to propose amend
ments to the State Constitution, they can
do nothing in conflict with the Constitu-
ton of the United States. And l will
state again that do not conceive it to be
necessary for US to take an oath to sup
port the Constitution OF Tennessee, but
that we should take an oath to discharge
our duties and support the Constitution of
the United States, And / proposed
committee to prescribe the form of that
oath.
Mr.. Jones, of Lincoln-I concur with
the gentleman from Shelby (Mr HeiskelD
that this is rather premature l further
concur with him that there can be no ne
CCssity for a member of this body to take
any oath. What are we here for? We
are to be constitution-makers. Accord
ing to my conception of our duty, we are
men delegated from the people to propose
such amendments TO the existing Consti-
tuition of our State as we shall think right
and proper; and our act will have no
force, no vitality, until it shall receive the
ratification of the people who sent US
here-the people of the State of Tennes-
see. Then, as men delegated, as a
mere committee from the people
to propose amendments, cannot
conceive that it is necessary to take an
oath. We propose, and the people ratify.
What oath can we take? That we will
support the Constitution of the United
States? We all expect to do that. 1t is
the supreme law of the land. But when
we shall have acted, and submitted our
action 10 the people, are they TO be re-
quired to take any oath about it! 1t
would seem to me that it would be more
appropriate to require an oath of them
than of us. But suppose we should do
something here that would conflict with
the COnstitC ion of the United States,
which is the only law over u.s. under
stand that we can do nothing in conflict
with that Constitution. But suppose we
should 1t would be null and void when
the courts come TO pass upon it. What
ever of that sort might be incorporated
into the State Constitution, when it comes
to be adjudicatcd upon, must yield to the
supreme law. But l will not anticipate
action here
Mr.. Jones, Of Gihs-I would ask the
gentleman from Knox (Mr. Baxter) to
withdraw his motion for the present, till
we may elect permanent President.
believe it is proper to have this Convention
to prescribe the form of an oath, but |
think the motion premature.
Mr.. BaXter-I thought this the proper
time. If an oath is to be taken atall, IL ought
to be entered upon before we do any act
of q deliberative character. With that
view, / decline to withdraw the motion.
MIR. Ivie-I do not wish TO take up time,
but do most heartily concur with the
sentiment expressed by the delegate from
Knox (1Ir Baxter). l certainly believe,
as he suggests, that to take the oath can
do no harm; and using his language
further, in view of the surroundings, it
is likely, probably, to do us no good. As
to the objection of the gentleman from
Lincoln (ME Jones), that we expect to
support the Constitution of the United
States, that is true but it Is an objection
that might be urged against taking any
oath. The gentleman from Shelby (Mr.
HeiskelD, has said that the journals of the
Convention of 1884 show that its mem
bers refused to take an oath. That is
true. But believe it is also true, that
there have been few Constitutional Con-
ventions whose members have refused to
take an oath to support the Constitution
of the United States. And it seems to
me, that if there ever was time when
we should Start out by restricting our
consciences, we should do it now; and if
the gentleman's motion, as it now is, re-
quires a second, most heartily second it.
Mr.. Turner-Believing that this ques-
ton may properly come up when the
body shall be permanently organized, I
move tolay the motion. of the gentleman
from Knox on the table, and that we now
Droceed TO the election of q President.