Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-20

w. CUMMINGS,
MIR. Nicholson-Mr. President, | move
that the majority report be taken up, and,
with the report of the minority, go to the
printer, and that $50 copies of both re-
ports be printed.
The motion was agreed to.
PROCEEDINGS AND DEBATES
Mr.. Garner, from the Special Committee
on Printing, submitted the following re-
port:
The Committee on Printing have had
under consideration the resolution offered
by Mr. Thompson, of Maury, relative to
the printing of stenographic reports of
the proceedings of this Convention, and
have instructed me TO report the follow
ing resolution and recommend its adop-
ton, viz:
Resolved, That the Committee on Print
ing be authorized to contract with the
Public Printers of this State, Jones, Pur-
Wis & Co., proprietors of the UNION AND
AMERICAN and of the Republican Ban
rer, for stenographic reports of the pro-
ceedings and debates of this body, and
for the printing and binding of 1000
copies of said reports in one volume, to
be as well done as Caldwell's reports of
the decisions of the Supreme Court of
Tennessee, all to be done under the su-
pervision of the said Committee, and the
prices for the printing to be those fixed
by law. JOHN E. GARNER,
Chairman.
Mr.. Garner-If this resolution is adopt |
| ed it will do away with the necessity of |
having the Convention journal printed |
This resolution provides for printing the |
stenographic report of the proceedings |
| and debates in the style of CaldwelIs re- |
ports. 1t is proper TO remark that we |
have made some very close calculations in
this matter; and we find that the print |
ing of volume of this kind will not ex-
coed by more than one third the cost |
of printing the journal; and, of course,
1t will be more satisfactory, and worth
preserving. The Committee think that it
is important that a clear, connected and
somewhat full report of the debates
should go along with the Convention Jour
nal-that it would be of use and value
in after years. Because, in the language
of distinguished jurist, He that
knoweth not the reason of the law,
knoweth not the law, and be that knoweth |
not the reason of the Constitution.
knOweth not the Constitution. And l
think if we would understand the reason
for the alterations and amendments of the
Constitution of Tennessee, it is important
to know something of the utterances in
the Convention of those who were called
frame them.
Mr.. Stephens desired to inquire what
had become of the order for printing the
rules
Mr.. Garner stated his information that
the rules and constitutions were being
printed with the utmost dispatch.
On motion of Mr.. Key the report of
the committee was received and laid on
the table.
BILL OF RIGHTS.
The President announced the order of
unfinished business. 1t being the report of |
the Committee on Bill of Rights
The Secretary read section 10, which
was adopted as follows:
Sec. 10. That no person shall, for the
same offense, be twice put in jeopardy of
life or limb.
RIGHT OF SUFFRAGE.
Mr.. Nicholson-We were yesterday
considering section 3, and passed il over
on account of the interruption by the
wOTkmen on the roof, when the delegate
from Carter was occupying the floor. |
suppose that we ought now to return to |
the consideration of that section.
The motion was agreed to and the sec
ton was read as follows:
Sec. 5. That elections shall be free and |
equal, and the right Of suffrage, as
hereinafter declared, shall leUer be
denied to any person entitled thereto,
erceDt upon q cOnUictjOn 6y q jury of
some infamous crime, previously as
certd6aed and declared by tar, and
the judgment thereon by q court Of |
competent jurisdiction.
The question beng on Mr. Carter's
amendment TO strike out the words in !
italics,
Mr.. Carter said:
Mr.. President-This addition to our Bill !
of Rights proposes an important change.
Heretofore we have merely declared that
elections shall be free, and equal :" but
we now propose to hazard the experiment, ,
on this continent, of the Jacobin idea of
equality and fraternity" and, in this
amendment, we propose to maintain that
equality and fraternity" for all time TO
come
The friends of this amendment, by way
of justifying its Introduction into the Bill
Of Rights, will say that it gives additional
security to the elective franchise, and will ;
prevent recurrence of what has been done !
in our own State since the year 1865.
In this aspect of the case I could find no
reasonable objection to the amendment. !
Our experience, however, has taught us :
that, in ordinary times the ancient guar
antees were every way sufficient to protect ;
every citizen in the full and perfect enjoy !
ment Of this most valuable and sacred :
right.
| will not stop here to inquire, whether
or not, this is the real, or merely the osten-
sible reason of thissingular and extraordin-
airy addition to our Bill of Rights; but | [
proceed to discuss, in very few words. this
question Can the amendment prevent a 1
repetition of the evil it is intended to cure? S
The answer is easy, and it is this In the q
midst of great revolutions Constitutions {
are treated as if they had no existence. At {
such times ''might makes right" In the t
midst of, or Immediately after, great civil I
war; when bad men are seeking for power, 7
or when they have obtained it, they ride .
overany and every Constitutional provision /
in order that they may gain, or retain that
power. They, to-day, take the most solemn !
OdIl, only TO DT6dh II IO-UlOTFOW. OQC0 /
men can always find some plea of necessity
to Justify their course. If those so-called {
Legislatures which have been controlling |
this State for several years, would set |
aside and disregard that great provision of t
our Constitution, which is one of the chief v
Safeguards Of liberty, viz: The Legisla- Q
ture shall never pass any Eek post facto' f
law-it is hardly possible that they would a
have treated this amendment with the +
slightest consideration. So will it be here c
after. If we should again unfortunately be 2
placed in circumstances like those through .
which we have passed in thelast nine years, .
thousand such amendments as this can
not shield a single citizen.
Inasmuch then as this amendment can
Lot protect US in stormy times, and mas o
much as our old Declaration of Rights is
sufficient in ordinary times, see no reason e
why it should be adopted. t
But, on the other hand, l think 1 see
good and sufficient reasons why we should Z
reject it. C
We here propose, as l have before re-
marked, to commit ourselves to a certain
principle. We propose to engraft on our | q
organic law the imprudent but plausible | !
dogma of universal suffrage. We propose I
to try an experiment-an experiment =
which we confess is dangerous an expert
ment which the experience of other re-
publics condemns with no uncertain tongue;
an experiment on which hangs the veal or
woe of this great State an experiment