Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-16

the Constitution still lived, its spirit anc
word was carried into effect. The Thir.
teenth amendment, article XIII, proposed
in 1866, was ratified by Legislatures
elected before Congress proposed
the amendment; hence the Legis-
latures that ratified it were practic-
ing fraud upon the rights
of the people, because when the people
voted for them the question of an amend
ment to the Constitution of the United
States was not before them, and they did
not elect them with view to the ratifi-
cation or rejection of it. The majority
of the States elected Legislatures after the
above proposed amendment, but some did
not. The Fourteenth Amendment of
said Constitution, in June, 1866,
was ratified by Legislatures chosen in
a majority of the States after the
amendment was proposed, but it was
not so in our State, the existing Legis-
lature at the time of said proposed
amendment ratifying it against the will and
wish of the people and without their con-
sent. So the body or majority of the
States that have ratified the Fifteenth
Amendment, elected their Legislatures that
did it after the proposition was made by
Congress. The Legislature of New York
has lately rejected the ratification of said
last mentioned amendment, and taking
all the great lights before US and the ac-
tions of all the States, with a few ex-
ceptions, l am convinced of the
fact that as to what Legislature or Con-
vention must ratify an amendment OF
the Constitution of the United States
is question left to the States; and it was
certainly the intention of the trainers
that it should be so otherwise the voice
of the people would not be heard in
making the laws by which they are to be
governed, great frauds and impostions
would be practiced upon the people, and
our government would cease to be true
republic. hope, therefore, that this
Convention will well consider this resolu-
ton, and adopt the same in order TO pre-
vent succeeding Legislatures, as previous
ones have done, from imposing and prac-
ticing frauds upon the people of our Slate.
The proposition was referred to the
Committee on Miscellaneous Business.
REPORTS FROM COMMITTEES.
The President now called for reports
from the standing committees.
CALLED SESSIONS OF THE LEGISLATURE.
Mr.. Jones, of Lincoln, from the Com
mittee on the Election Department, sub
mitted report, recommending the adop-
ton of the following amendment, viz:
In article Ill, section 9, of the Consti-
tuition of the State of Tennessee, strike
out the words ''and shall state 10 them
when assembled the purposes for which
they have been convened, and insert in
place thereof these words 'In which
he shall state to them specifically the pur-
poses for which they are convened, so
that it will read as follows:
Art. III, sec. 8. He may, on extraordi-
nary occasion, convene the General As
sembly by proclamation, in which he shall
state specifically the purposes for which
they are convened, but they shall enter
on no legislative business except hat for
which they were specifically calledtogether.
He was also instructed to report adj
versely upon all the other propositions re-
ferred to the committee.
Mr.. J. said: suppose that, under the
rules, the report will be printed 1t pro-
posed but q solitary amendment to the
executive branch of the government, and
that is; the Constitution now re-
quires the Governor that when he
has called the Legislature together in
special session, he shall, when they
are assembled, state to them by mes
sage, the purpose for which they are
called. The amendment requires that
in the proclamation by which he calls the
Legislature together, the Governor shall
state specifically the purposes for which
they are called.
On the motion of Mr.. Jones, of Lincoln,
the report was laid on the table, and it
was
Ordered, That 100 copies thereof be
printed.
Mr. Campbell, from the Committee on
Rules, reported the following additional
rules:
All petitions and memorials shall be re-
ceived, read and referred without debate
to the appropriate committee.
Resolutions proposing amendments to
the Constitution shall be referred at once
to the appropriate committee and the
delegate proposing such resolution shall
have five minutes TO make explanation
upon the same.
No petition or memorial disrespectful
to this body, or to the State or general
Government, shall be read.
Mr.. Campbell move that the report
be adopted, and that 100 copies Of the
rules be printed with those heretofore Ne
ported.
The motion was agreed to, and it was
so ordered.
BILL OF RIGHTS.
Mr.. Baxter, from the Committee on the
Bill of Rights, reported that said COM
mittee having had under consideration
sundry propositions to amend which have
been referred to them: the propositions
of Mr.. Thompson of Davidson, of Mr..
kirkpatrick, of the gentleman from
Haywood, that private property shall
not be taken till paid for; of the
gentleman from Rutherford, that small
offenses may be tried without present
ment or indictment; of the gentleman
from Montgomery, that persons may be
prosecuted without presentments or in
dictments for misdcmeanor; of the gen
tleman from Hardeman, (Mr. Fentress,
that the right of habeas corpus shall never
be suspended or denied; and proposition
of the. gentleman from Marshall, (Mr.
Warner that no Constitutional COnven-
ton shall be called, unless by the will of a
majority of the entire number Of voters in
the State-these propositions having been
all duly considered, the committee beg
leave to report the same back, and ask TO
be discharged from their further cOnsid-
Grafton.
Mr.. Jones, of Lincoln-I move that the
report be laid on the table, and that the
committee be discharged from the further
consideration of these reports.
Mr.. Baxter suggested that when the
principal report of the committee on the
Bill of Rights should come up, such an
| order would not prevent the gentlemen
proposing those amendments which he had
reported back, from urging their consid-
| Grafton before the Convention.
The report was laid on the table, and
the committee discharged accordingly.
Mr.. Burton and Mr.. Arledge asked and
obtained leave of absence till Tuesday.
And then,
On motion of Mr.. Henderson, the Con-
vention adjourned till Monday 10 o'clock.
CORRECTION.
Mr.. Porter. of HayWood's resolution
directory to the standing committees Of
the Convention, which he submitted yes
terday, was so incorrectly printed, that it
is reported here again with the correction
of errors that destroyed its sense:
Resolved, That the standing committees
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