Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-19
THE CONVENTION
EIGHTH DAY.

PRAYER by the Rev. Mr.. Kelly, Paste
of the Tulip-street NJ Z. G. S.
The journal of yesterday having bee
read and authenticated
The President announced the order o
the unfinished business of yesterday a
having precedence over the roll call.
Mr.. Hill, of Warren, understood tn
rules to admit of the roll first.
Mr.. Garner concurred in the opinion o
Mr.. Hill, and stated the order as he under
| stood it.
The President read the rule.
Mr.. Hill, of Warren, and Mr.. Jones, o
Giles, understood that rule to obtain afte
roll call and reports from committees.
The President-The chair would no
disagree with gentlemen as to what thu
rule is. But the chair is compelled t.
give it the construction announced. Il
will be in the power of the House, how
ever, to correct the chair.
| Mr.. Baxter-To relieve ourselves from
the difficulty, l move to lay the unfinished
business on the table.
The motion was agreed to, and accord
ingly, the President then directed the roll
| call.
| HOW TO AMEND THE CONSTITUTION.
Mr.. Gardner, of Weallley, submitted the
| following:
Resolved, That the Committee on
Miscellaneous Provisions be instructed to
report an amendment to section OF arti-
Gle II, as an addition to said section, in
substance as follows:
The Legislature shall have the right, at
any time by law, to submit TO the people
the question of calling a convention to
alter, reform and abolish this Constitution,
and when, upon such submission, ma
| iOrity of all the votes cast shall be in favor
of said proposition, then delegates shall
be chosen and the convention shall assem-
bic in such mode and manner as shall be
prescribed by law.
Mr. Gardner-My object in introducing
| this resolution is to declare in advance an
opinion on very important question.
| By some it is insisted that this body is
| assembled in the exercise of a revolution
airy right. BY others it is insisted that
we have assembled in the exercise of a
| legal right. In the Convention of '96 our
fathers provided for the calling of a Con-
vention to amend, reform or abolish the
| Constitution. In the Convention of "a
the members of that body saw fit to pre-
scribe as to the particular mode of amend
ing the Constitution; and in that Constitu-
ton there is no authority given, there is
no mode prescribed, by which a Conven
ton could be called by the people. In
most of the State Constitutions there is a
special mode for amendment provided.
| In some of them the power to call Con-
ventiOn is conferred on the Legislature.
In others the power is conferred on the
Legislature to submit the proposition of a
call for Convention to the people, TO be
acted upon by them.
1t was assumed by very able jurists
that the expression of a particular mode
of amendment is the exclusion of every
other mode; that Ibelieve was the opinion
| of Judge Caruthers, and, sir, this
| right is declared in the first section of the
Bill of Rights. The right of altering or
abOlishing our government is recognized
as a prior or revolutionary right-the
| opinion being entertained by men of pro-
found legal learning, and this position
having been assumed by able legal writers.
In some form or way it is assumed that
| the Constitutional Convention of Tenes-
| see Is now in session as measure of rev.
olution That, sir, l deny. There are two
| modes of amending the Constitution: that
based upon the right declared in the first
section of the Bill of Rights-which is
| regarded by men of distinguished ability
as being a portion of the revolutionary
| right. | want to declare il legal right
| | want TO prescribe the mode of exercising
| it as a legal right, and therefore permit
me to observe that the resolution which
have submitted, proposes to confer upon
| the Legislature of the State the right
by law of submitting to the people of
| the State the question of calling con-
vention. Hence, if a majority of all
| the people of the State voting on the pro-
position shall vote in favor of calling a
| convention, then the Convention shall as
semble. If we had had such a provision
in the Constitution of 1884 as l propose
to incorporate in the Constitution now,
there would have existed no doubt in the
mind of any person as to the right of the
| Legislature to pass the act they
| did pass en- the 18th day of
November, 1869, submitting the question
| of q call of a Convention to the people
of the State on the same day of the cleo
| ton of delegates to the Convention. But
because of the want of such provision
| in the Constitution of 1884 and because
of the absence of any authority conferred
upon the Legislature to pass the act they did
pass in November, it is assumed in certain
| quarters that these whole proceedings are
irregular and revolutionary. Now while
| il is true that there was no mode in the
| Constitution of the State-nO single mode
/ of amendment or revision provided
| propose that we provide two modes of
amendment. /. That unimpOrtant amend
ments may be made by the Legislature, as
provided in art XL When there is no
| public necessity requiring dispatch, that
| mode can be resOrted to. But when
| there is a pressing public necessity for a
| general revision of the Constitution
| when it is necessary that this revision
shall take place without delay-then
propose by this amendment to authorize
the Legislature by law to submit to
the people the question whether they will
have a Convention or not. The five
minutes allowed members TO explain cX-
pired here.
S. ). House, of Williamson, introduced
a resolution directing the Doorkeeper to
purchase two filters for the Convention
hall. II was passed under suspension
of the rules.
Mr.. Kirkpatrick announced a letter,
which he desired to have read and refer
red to the Committee on Counties anC
County Lines.
Mr.. Sample presented a petition from
citizens of jefferson, Granger, Greene
and Cooke, for authority TO form a new
county out of portions of the counties
above named.
Mr.. Sample also introduced resolution
providing that the citizens of the abov,
counties be allowed to form a new
: county. 1t was referred to the Commit
r tee on New Counties and County Lines.
Mr.. Warner offered a petition from Cit
zens of Marshall, Maury, Williamson
Rutherford and Bedford TO form a new
county out of portions of those nameC
above.
The call for committees was now re
sumed and concluded.
REPORTS FROM COMMITTEES.
Mr.. Nicholson, from the Committee Oh
Elections and the Right of Suffrage, sub
mitted the following report:
ELECTIONS AND RIGHT OF SUFFRAGE.
The Committee on Elections and the Righ
of Suffrage, have considered the seyera
propositions referred to them on the sub
iect of the elective franchise, and hay
instructed me TO submit the following re
port:
l. Amaiorily of the committee recon-
mend that the elective franchise shall no