The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-02-11

After reading a number Of extracts from
the above authority to strengthen his posi-
ton, be went on to argue that the courts Of
some OF the States, holding that Legisla-
tdre is nearest the people, have decided
that It has a right to even make Constiiu-
ton without reference TO the peO-
pie. The Missouri court has so de-
cided. He did not, however, propose
70 90 this far lie believed Il 70
be the duty of the Legislature to call
constitutional convention. The CoDstitu-
ton under which we are living is against
the genius Of our people. He disllked 70
refer 70 politics IN this matter, but all &c
knowiedged the iniquities Of the body that
pretended 20 make Il. They did not even
fnish Il. That body broke up before it was
even finished. The so-called delegate from
his county fed from the State, and was
never seen after be left his seat in the con-
veution. Many others fed, from what he
did not know; he supposed as the wicked
wien no man pursueth. He did not con-
ceive that the instrument left by this de-
moniac band was fitted for revision. Il was
like the old garment, that would not bear
patch with new cloth. He was not in IA
vor Of amendments TO this thing of in
iquity. A new constitution, breathing the
genius of our people, was necessary. The
revision Of our judiciary system, the es-
Enlistment Of a proper educational system
areimperatively needed, and the only way to
succeed with a good government is to
have no patchwork on the present Consti-
tuition. In reference to precedents he saw
nothing in the olden Democratic time which
authorizes the reverse Of his position. The
FIRST Constitution of Texas was made by q
body which did not refer the question TO
the people. The consultation called the
convention, and the convention made the
Constitution and it became the organic law.
President Houston alone, in 1916, called a
constitutional convention, which established
a new Constitution without reference to the
people. The Constitution of 1861 was made
without a CONVENTION or ''no conven-
tom reference. In 1866 another conven-
ton was called by Governor Hamilton with
out any reference Of convention or ''no
convention Through all these organic
changes there was no authority for refer
ring convention or "no convention
Ho then camo to the point of show
ing where the reference of "conyen-
ton or mo convention originated. 1t
was conceived under the military rule of
reconstruction, when General Reynolds, the
man who elected Governor Davis, called the
body which perpetrated an outrage upon
the people Of Texas, which, per force be-
came their organic law. He hoped the
Legislature would not rest until they had
performed this sacred duty to the people
and TO pure government.
Mr.. Lea said he was glad to see the
change which had come over the spirit of
the gentleman's dreams. He was happy to
see him advocating convention, but he
took issue with him upon the powers to be
applied. He argued in favor of making
tho reference to the people; thought it
was the better part of prudence to do so.
Mr.. Delany rose to say to-the gentleman
that he was overruled in the committee.
His opinions were the same now as then;
they were not the same as they were year
ago. He had seen the folly of any "com-
mission, " or even Of amending the present
Constitution.
Dir. Lea continued, the burden of his re-
marks being in favor of the reference of
convention or "no convention" to the
people. he could see no precedent or
reason against the reference. He could see
that such reference would cost much less
money in all probability than otherwise. He
had como here to spend as little money as
possible.
Dir. Eppersor said he had not intended
to say anything upon this bill. He had
supposed the gentleman who was the chair
man Of the committee would have been the
champion Of the majority report, but as
soon as the fight commenced he abandoned
It. So did the gallant gentleman from
Colorado, and therefore he felt it his duty
the more to defend the bill as it came from
the committee. He claimed that Judge
Cooley, while he gave the instances re-
ferred 70, doesuOt endorse them. The his
tory Of the Dorr rebellion carries US hack to
the fact that Il originated in the fallacious
prehminarics for q constitutional conyen-
tion. Arkansas has a late instance IN which
the reference was made to the people for
YconEontion" or '.no convention" Cues
tiOns had arisen which have caused the
Federal government to investigate the valid
ity OF official claims IN that State. A Con-
Rressional committee had done their best to
ind flaws under the establishment of the new
Constitution Of that State, but have failed
in consequence of the reference having been
mado to the people The way for the Dem
ocratic party to maintain its purity, and hence
its power, by means Of principle. The
people Of the entire country are awak-
ing to sense Of their duties to maintain
free government, and nothing should be
done rashly to retard this advance. II the
IGlNLGLCC - luAuCt D0 loSL ny ~,
If It is not made, all may be lost he
wanted US TO TO act with prudence and sue
coed By cautious measures.
Mr.. Barziza rose from his seat with the
fires Of his Italian blood beaming from
every feature of his countenance. He was
the champion Of the minority in the com
mittee room and he became the earnest
and able advocate Of the minority report
upon the floor Of the House. His first du-
" was 20 defend the chairman of the conf
mittee, Mr.. Sayers. from the attacks of Mr..
Epperson. He explained, as did Dir. Savers.
in an alteration with Mr.. Epperson on the
floor, that the gentleman in the committee
room simply performed the part Of
chairman OF his committee. Mr.. Say
ers was the presiding officer of the
committee and did his duty as such. He
then reported the action of the committee
70 the House, and was in no way bound to
the majority report. He knew that the
heart Of the gentleman was always upon
the side Of the minority report aps his
warm advocacy OF it yesterday upoa ths
floor Of the House was evidence e.
feelings. Er. Barzixa then wens M
argument on the power Of II , lSso :.
70 unoualifedly cali eopsts. Leslslaes.'
ton. he took similaF ,aeonal -, conS ~
lany. referring 60 ~ eroohu 20 So1. -
i,ts e~;slenes - e forces which brough
nnblic a. - .,le Constitution Of the Re
MOI .xas in 1886, and again TO thos
gave birth 10 another Constitution
aS15. He claimed that If the refer
ence was made to the people for o
against constitutional convention l
would most probably be defeated
Tho Radical and negro element would vot
AGAINST Il, ollicehOldcrs and olliceholder'
influence woeld operate against il, and IN
efforts Of the intelligent masses Of the Stat
would be denied that boon requisite 70
their woll-being hereafter. He earncstl
claimed that the duty Of the Legislator
va toa clear for avoidance. There weE
hoes ho. with HIM, claimed they Syante
constitutional convention, but at =
sane time they proposed % ioa
sho preIiminaries with such continSenel
- fksr know must defeats new COnssit'
ttr- ffN.n che feraafe they prefcndcd