The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-02-19
MINORITY REPORT.

non. Guy N. bTydhs ioll6taef of tHe mouse
Of Representatives
The undersigned members of the Commit
tee upon Constitutional Amendments feel
constrained to dissent from the majority re-
port of said committee recommending that
commission be formed for the purpose of
framing a constitution. We do not conceive
that it was contemplated by our constitu-
encies that We should arrogafe to ourselves
che power of framing the organic law Of the
land, nor were we, in our opinion, elected for
purpose so foreign to their intontion. The
usurpation of power would be so flagraut,
the precedent so startling, as to create.in the
minds of all thoughtful men the gravest
anxiety. Since the establishment of the
Federal Union, the uniform mode of pro-
cedure concurred in with an almost un-
varying unanimity by all the States in
framing their organic law has been to as
semble delegates for that especial purpose
direct from the people. So long has this
rule of procedure obtained, and so salts
factory has been its results, that it is now
firmly established as the common law of
this Republic. We believe that should this
commission be constituted, that the over
shadowing influence Of powerful unscru-
pulous and wealthy railway companies will
be brought to bear with peculiar force upon
the small number of men composing this
commission, with view to mould the or
ganic law of the land so as to subserve their
purposes. Your committee are satisfied that
no undue influence whatsoever will be
brought to bear upon this commission by
the Executive of this State, nor by the hon
orable Judges of the Supreme Court
nor do your committee anticipate that
any of thef departmental officers hold
ing under the present Constitution,
"a tenure Of Alice for four years, would un-
dertal1e for shinoment to influence the ac-
tion of this commission, yet, in the opin-
ion of the committee, the opportunity af-
forded by the formation of this royal
commission for the exercise Of improper
infuencesis repugnant to every principle
of Democracy, and every dictate of right
Will it not be said by the great mass of
the people of Texas, should the present in
cumbents be continued in power, that un-
due influences were brought to bear upon
this plenipotential commission which gra-
tuitously proposes to represent the SOW
ereignty of a great and intelligent peoplel
Yet is It advisable that a sweeping change
be made in the oflcers Of State who SO
universally command the esteem of all true
men? Can q commission assume that most
responsible task of determining whether or
not the present State officers shall con-
tinue in power or new election be
declared under the provisions of the Con-
stitution they may frame and submit! The
present officers Of the government would
naturally feel a great hesitancy and deli
cacy in being confirmed in positions by any
other authority than that invoked by the
people in the exercise Of their inherent SOW
ereignty.
The very fact Of the establishment Of q
commission is, in our opinion, anti-Demo-
cratic-it evidences centralization; fear
of the people; an unwillingness to trust
them with the destines Of their State.
It is a reflection upon the intelligence OF
tho people, and an egotistic assumption Of
the superior attainments, knowledge and
qualifications of the Fourteenth Legislature.
We believe that a Constitution, to meet
the varied and diverse interests OF an en-
pire State must necessarily be carved out Of
concession and compromise, and that dele
gates specially authorized to exercise their
Judgment in concessions and compromises
only should undertake this grave duty.
Should the precedent once be established
that a body elected as Legislature 70 frame
laws under an existing Constitution, areem-
powered TO frame constitutions by commis-
sions, with what hesitancy would the peo-
pie elect their next legislative assembly, II
one Legislature can assume this power. all
subsequent Legislatures can do likewise
and an ever-varying, eyeT-changing and I'M
settled organic law would be the result
We believe that Il becomes Democrats, who
are proud OF their history and jealous of
their honor. not TO abandon our principles
by delcgating our most sacred rights 70 any
commission, however honored Or pure, and
we sincerely trust that q measure Of such
doubtful expediency and fraught with 90
much danger, will commend not itself 10
our associates in the House.
Should q commission be established, not
more hopeless was tho Cause of the luckiess
Peri when the chTys.al baFof Eden moved
not, than viii be the condition of the IN
fortunate Fourteenth Legislature, when
they arc forced 70 confront the Democrats
Of Texas, who have demanded Ia no uncer-
tain voice q convention from the people.
Your minority of said committed, there
fore, with all due defcrencetO the report Of
the majority, respectfully recommend the
adoption Of the accompanying resolution
Al of which is respectfully submitted.
JANKs b. STHPsos
H. II. OfNRAI..