The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-07-26
THE GEORGIA CONSTITUTIONAL CON-
VENTION.
Opening Speech Of Ex-Governor Charles j..
jenkins.


by Ex-Governor Charles ]. Jenkins duly
12) upon assuming the chair as president of
the Georgia constitutional convention:
GENTLEMEN OF THE CONVENTION We
have assembled to execute most import
ant trust confded to us by noble constit-
uency and involving immense responsible
ties. Government is essential to society
and the progress of civilization. Ii exists
among the nations of the world in various
forms, according to their varying ideas of
expedency. In absolute monarchies the
will of the potentate is the law of the sub
iect, for in him abide sovereignty and gov
ernment. In such social organization all
il cas- OF limitation and division of powers
is excluded, but among us very different
ideao of social pOlity obtain. We hold
that the people are OF right, and must
continue to he tOvereign. But iuasmuch
as in population so numerous as ours,
spread over so great an extent of territory,
the people cannot, in the nature of things,
govern aggregately, the disposition IS to
delegate to selected members of the body
polite specific powers and, inasmuch as
the delegation of all these powers to a sim
gle Individual, or to certain number of in
dividuals, TOR any time would not be cafe,
the expedient has been adopted of dividing
and limiting them. Under such polty
two distinct systems, or bodies of law are
necessary; one cmanating directly from
the people, providing for the appointment
of certain agents or bodies of magistracy to
conduct the government in its ordinary
course, prescribing the mode and manner
of their appointment, prescribing their
term of service, and delega.ing to each class
it's proper functions and powers, and de-
nominated fundamental or constitutional
law. The other enacted by one of the
bodies of magistracy, and subject to be
changed or abolished by them, regulating
the conduct of men in lheir mutual rela.
tons, defining and protecting the rights of
persons and property, and providing means
to carry on the government established by
the people and denominated statutory law.
Although the fundamental law should be
in its nature abiding, seldom subject to
charge IN the progress of events, in the on
ward march of civilization, experience may
demonstrate to the wisest the mode of ap-
polntment, or the tenure of one or all of
tho bodies of magistrates charged with the
government of the state-of eolargng or
curIailing the powers of one or all. Nu-
meIous and cogeLt reasons ought to be as
signed, showing the absolute proprety of
modifying at this time the const-
tuition Of Georgia-some drawn from
the authority by which and the cir
cums,ances under which 1t was con-
structed and adopted, others suggested by
inherent defects of the instrument. But
here and now this would be supereroga-
tory. The legislature having submitted to
the people themselves whether they will or
will not convene for the purpose of franz
ing anew their constitution, they. in their
wisdom have determined that they will,
and have deputed US to frame one and SUBJ
NIT it for their consideration. Applause. !
Ii would be equally Inappropriate for me
on this occasion to attempt even sketch
| of such an Instrument as would meet the
| eXigt nces of the times. In the discharge
of this great duty you will, with such for
maliliCs as you may desire, hear sugges-
| tons. compare views, endeavor to harmon.
| iza COT tljclng opinions, and then digest
the weighty matter of your earnest lucu-
| brations. But | trust you will receive
| kindly few general suggestions, some OF
which, if adopted, will, think, facilitate
the great work upon which you are enter
ing, narrow the field of inquiry, and pro-
mote opct sson and final agreement.
FIRST then, the interests of the state al
large, The grand body polite, should be re.
gardt d as paramount to local consdera-
tons. The last, coming into conflict and
persistently adhered to, sometimes defeat
reforms far more important than all the
an'agoniZing Interests The essential diff
ference between constitutional and statu
tory law, already alluded to, should BIZ
kept steadily in view. There are princi
piles inherent to republican government in
dispensabe to its success. There are actt
which government Gas distinguished from
sovereignty should be commanded to per
form, and there are acts to which govern
ment might be tempted by the urgency o
| ill-Gigested public opinion, but which
TT, ced 10 final results, imperil public wei
fare, and which government should be pro
hibited from doing. These propositions
are rot stated for the purpose of covering
the whole ground, but for illustration, ant
these and such like matters lie properly
within the pale. of constitutional law.
Again, there are matters of law which
Involve no great fundamental principle,
which depend upon considerations of eX
pedicncy growing out of ever-varying cir
cumstances, and which, being tested, Offer
Call for speedy amendment or abrogstion
There is such a thing as legitimate tenta
tive legislation, and where experiment dis
closes error rereal or modification shoult
be pronpt easy, ard inexpensive. b.
leaving out of the fundamental law pro
visions, either mandatory or prohibtory
which it should contain, TOO great latitude
is given to legislative discretion, and th
omission to do what should be done, or In
doing of what should not be done, may en-
tail irreparable injury. By including il
the fundamental law matters which ar
Of
may render the assembling OF the people Il
convention too frequent and bring the con
stitution itself into contempt. Both lhest
extremes should be carefully avoided.
We live 10 progressive age, but progrcs
is sometimes In a wrong direction, come
times too rapid, again, at times, in parlicu
lar interests, unduly accelerated by tn
adoption of measures iDimical to the gene
raj welfare The doctrine generally main
tanned as to the legislatures of the severf
states of the American Union is that the
may make all laws which they shall deer
necessary and proper for the welfare of tn
state and which shall be consistent with til
constitution Of the state and not iepugnan
to the constitution of the United States
Indeed, such grant of power is incorpol
ated expressly in the constitutions of mos
of the states Ii is not so in that unde
which we live. Now, returning to til
spirit of progress before alluded to, an
comprising the legislation of Georgia in tn
early days of the republic with the scope c
that CT this day, it will, think, be foun
that the legislature has, In the recent pas
dealt with the resources of the state, who
are the pockets Of the people, In a wa
never dreamed of in that early day. Ina
mention as an example the pledging of tn
public faith and credit in aid of private Ell
terprises. Thee are often undertake
without adequate regard to the end an
credit relied upon TO supply the deficiency
As a question between borrower and lende