Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-18

previous to 1888 had submitted this queS
ton, but there was not a majority of al
those who voted upon the election of Re
representatives., and the proposition faile
until the August election of 1888, when
majority of all the voters voting for Re
representatives. voted for a Convention
and in pursuance of this fact the Legis
lature of 1888 passed the act calling tn
Convention which met in March, 1884
Then, Sir, while this report states the fac
that the Convention of 1884 was callet
under this act of the Legislature of 1888
it neglects to state the fact that the &C
here cited was passed under the authority
| of that vote of the people.
| Mr.. Carter-I confess that | like the
manner in which our fathers did things,
better in some respects, than the NAMES
in which we do them. l confess to pro
found respect and generation for theil
| work. In the sixteenth line of the re-
port l find that it is stated that the Con
vention is called in virtue of the first ar
ticle of the Declaration of Rights; and
in the nineteenth line it is said that the
act of the Legislature authorized the peo-
pie to call Convention.
But, now, the Legislature did not au-
thorize this Convention, but the people
who voted for the proposition. In the
twelfth line l find that the Legislature FEdid
authorize and provide for the election by
the people of delegates" etc.; and in the
twentieth line are these words, ''Did au-
thorize the people of the State, etc. " The
Legislature in one case authorizes an cleo
ton by the people, and in the other case
the Legislature authorizes the people to
call Convention. Now, think itwould
be wisdom on our part to follow the
former example-authorize and provide
for the election by the people of delegates
to Convention.
Mr.. Gardner shall vote against the
proposition of the gentleman from Ander-
son and Campbell Mr.. Gibson, and
whilst l shall so vote, l shall do so with a
view to offering an amendment to the
third paragraph in the preamble,
which is in relation to this body
as Constitutional Convention; and
the object of the amendment which l
shall offer will be to make the preamble
consistent with itself. The third para
graph of the preamble commences:
whereas, the General Assembly of the
State of Tennessee, under and in virtue of
the first section of the first article of the
Bill of Rights, " etc. Now, the power to
call this Convention is attributed to the
first section of the Bill of Rights, and
rightly so in my judgment But in the
twentieth line it is said: The Legislature
did authorize the people to call COnven-
ton. Here, then, the power to call this
body together is derived from two indie
pendent and distinct sources-from the
first article and first section of the Bill of
Rights, and from the act of the General
Assembly. That it is derived from the
first article of the Bill of Rights, is, l
think, the proper assertion; and the de-
irving of the power from the act Of the
General Assemblyis, think, erroneous. If
the proposition now before the Convention
should be voted down, l shall then offer
this amendment: Strike out Hauthorize
the people of the State to call COnven-
ton" and insert these words in lieu: ''Pro-
vide for the call of a Convention of the
people of the State. This paragraph
of the preamble will then read as follows:
He read it as he proposed to amend. The
Convention will perceive that if my
amendment should be adopted the power
to call this Convention will be recognized
as inherent in the people of the State
just as it is established in the Bill of
Rights. This power is derived alone from
that source, anG not in any sense from the
act of the General Assembly. The Gen
eral Assembly simply provided the mode
and manner in which the people shall pro-
coed to elect delegates to a Constitutional
Convention.
The right to call the Convention is an
inherent right secured by the Bill of
Rights, and simply the mode and manner
is prescribed by the Legislature of the
State
Mr.. Baxter-I think we had best dis
pose first of the amendment proposed by
the gentleman from Anderson and Camp
bell.
Mr.. Nicholson-Mr. President: 1t
strikes me that before we take vote on
the proposition of the gentleman from An
derson and Campbell, we should have
the right to put the original proposition in
as good shape as possible.
The President-There is no proposition
to amend the original preamble.
Mr.. Jones, of LinCOln-I will offer an
amendment to the I'd clause of this
preamble merely for the purpose of i'm
proving the style. Insert after the W ord
Convention, line y, these words: SIN
obedience to the declared will of the
voters of the State, as expressed at the
general election in August, 1888"
Mr.. Baxter-I insist that we cannot act
upon this till we act upon the amendment
of the gentleman from Anderson and
Campbell.
Mr.. Jones, of Lincoln-If we act upon
the amendment, which is by way of sub
stitute to the entire article, and adopt it,
we preclude propositions to amend the
original proposition. We have the right
to perfect the original proposition before
we act upon the substitute
Mr.. Gibson-I do not think it would
be right to adopt anything in the way OF
preamble now. A preamble is the last
thing to be considered about PROPOSE
ton. Besides, the subject was not re-
ferred to the Committee on the Bill of
Rights, and it does not bGlODg TO that
Committee. 1t properly belongs to the
Committee on Miscellaneous Subjects.
Therefore l move this whole matter of
preamble be referred to the Committee on
Miscellaneous Subjects. @
The President-The proposition to COM
NIT has precedence, as the chair thinks;
and he read the rule for privileged mo-
tons.
Mr. Jones, of Lincoln, here withdrew
his amendment.
Mr.. Stephens proposed to amend, so as
to avoid matter in the nineteenth and
twentieth lines, by striking out and insert
ing after the word ''and' in the fifteenth
line: "said Convention did accordingly
meet and form Constitution, which was
submitted to the people and was ratified
by them"
Mr.. Garner suggested that the date be
inserted: On the first Thursday and Fri
day of March, 1885.
Mr.. Stephens accepted the modification,
and so his amendment was adopted.
Mr.. Fentress now renewed the propo-
sition to amend, which was submitted
above, by Mr.. Jones, of Lincoln.
Which amendment was also agreed to.
Mr.. Campbell proposed to amend the
third paragraph of the preamble so that
it shall read: ''Whereas the General AS
sembly of the State of Tennessee, under
and in virtue of the first section of the
first article of the Declaration of Rights
contained in and forming a part of the
existing Constitution of the State, by an
act passed on the 10Th of November, 1869,
entitled AN act to authorize the people to
call Convention and for other purposes,