Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-13
A CONSTITUTIONAL CONVENTION.
Report of Minority of Senate Com.
mitteA,

275, to be entitled, Gan Act to call con-
veDtion to amend, revise, or form new
constitution for the State" do not concur il
the recommendation of tho majority thai
said Dill pass, but believe that the repose o.
the State and the highest interests of the
people demand that it should be rejected.
We have no evidence before US, nor does
any legitimate and authentic evidence ex-
ist, that the people of the State think il
wise or expedient that the entire constitu-
ton should be revised, and perhaps disturb
ed to its very foundations.
Independent of the heavy expense which
a convention would impose upon the peo-
pie, in per diem and mileage of members,
paw of officers, bills for printing, stationery,
etc., there are other weighty reasons why a
convention should not now be called.
| 1t is too painfully true that in the de-
moralization of ths times it is believed by
very many of those who follow politics as
a profession, that constitutional
convention may be as readily
called as an extra session OF the General
Assembly. They would as quickly vote for
| the calling of the former, as they would
vote for resolutiod asking the Governor to
convene the latter. They appear to think
that the Constitution of the State may as
well ard as frequently be changed, as any
simple statute. They forget that the Con-
| stitution Is the fundamental law of the
land, and that the shifting and changing
of it, is the shifting and changing of the
| foundation of the ediice of State. Those
who attempt this, may well know what
they intend to effect, what evils they hope
to remedy, but they little know what may
| be the direful results. Imperfect material
| or unskIlful workmen may mar the beauty
or cause the downfall of the whole super
structure, however broad its foundations,
or harmonious its prC p Jrtions.
| An eminent writer, treating of con-
stitutional conventions, says: "That, how
ever hedged about by legal re-
straints," they OBVIOUSLY exhibit more
features that are mensciDg to republican
liberty than any other in our whole politi-
cal structure"
The minority do not insist that there
should be under no circumstances another
Constitutional Convention, but that it is
not now demanded by the will nor the ne
cessities of the people. If amendments be
required, let them be made in accordance
with the provisions of the present Consti-
tuition, Art. Xl, Sec. 2.
The same eminent writer, to whom refer
ence has been made, says further:
"Provisions regulating the time and mode
of affecting organic changes are in the ma
ture of safety valves, they must not be so
adjusted as to discharge their peculiar func-
tions with too great facility, lest they be-
come the ordinary escape pipes Of party
passion; nor on the other hand must they
discharge it with such difficulty that the
force needed to induce action is sufficient
also to explode the machine"
Hence the danger in tinkering with such
machinery.
The right OF the people at any time
to amend their Constitution mus
be admitted. But it is obviou:
that were the existing government
of State or any branch of 1t invested with
the power without condition or limit to cal
conventions to change the organic law,
there would be cause to apprehend two
dangers-one that the permanent and there
fore paramount and sacred character of thai
law would be impaired, for what the gov
ernment could at any time procure to bt
changed or repealed, would in effect be bu
an ordinary statute; the other, that oul
conventions would become the arenas anC
instruments of party conflict. The under
signed are therefore constrained to urge the
rejection of the bill.
If it should pass, it should certainly be SC
amended:
l. That in the vote for convention or NJ
convention, majority of all the votes cas-
in the State at that election for sheriffs o
the various counties should be required L
determine in favor OF the call of the Con
vention. Otherwise by reason of failure
to vote upon this particular issue, the cal
for a convention may be carried by less thar
a third o. the votes cast st that election.
2. The election for members of the con
vention should not be held until after it
determined that a convention should b
: held. For it is evident that the most capa
BILE men will not enter canvass ant
thoroughly discuss before the people th
questions which viii probably arise in tn
convention until it is definitely determined
that the convention will be held.
3. Members of the present General As
sembly should be declared Ineligible a
members of the convention, and thus re
lieVe themselves from the possible chargt
of selfish legislation in this matter, and a
the same time comply with the spirit ofths
provision of the Cons s'itution against th'
holding of more than Cne lucrative Office {
the same time.
All of which is most respectfully submit
ted. F. B. SNIPEs.
j. NJ. MELTON.
E. A. JAMES.
REPORT OF MAJORITY OF HOUSE COMMIT
: TEE.
Mr.. Speaker, am instructed by q ma
iority of the Judiciary Committee to re
commend fol passage House bill No. 11e
entitled, "An act to authorize the people tC
call constitutional convention" and sub
, NIT the following reasons: They are OF the
, opinion the present constitution of Tennes
! see does, in some important and vital mat
. ters, need both revision and amendment
The formation of new constitution, beins
asubject of the utmost interest and impor
tance to the entire State, should receive IN
! intelligent and deliberate consideration o.
! the people, in all of the steps necessary tC
! be taken. Therefore youI committee heart
! ily favor the provision of the bill which SUE
mits the question as to whether or not
convention shall be called TO vote of Il
. people at the August elections of 1874, az
the convention, if called, to convene on To
last Monday in November, 1874.
Under the organic law of the land, tn
only way in which constitutional conven
ton can be called, is by an act c
. the Legislature. Unless special session
be called, the Legislature viii not NEE
, again until January, 1915. It is plainly eyi
dent, that very large portion ofthe peeps
: of the State earnestly desire a convention
. shall be called. If this bill passes, tn
|, question will not be submitted 10 vote {
Inc people for more than year and hall
!, This will give the amplest time for pub
, lie discussion of all the reasons for an
against convention. If convention b
voted down, nothing detrimental to th
, public good will have resulted from pas
sage of the bill. If convention be called
it will be an Endorsement of the action c
, this General Assembly by our constituer
CIV, The submission of the question al th
! August elections, 1874, will impose no cos
! upon the State. Ifa convention is needed
! and is called, any objection to 1t, on accoun
Z of its expense to the State, is met by th
/. importance Of the vital interests of th
people it will be called upon 20 settle.
PHILIP LINDsLEY, Chairman pro tenn.
The fr ends of the University of Mich
gan are beginning to inquire if nothing ca
be done to stop the frequent resignation