The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-03-03
Constitutional coa.sn. ton.
SPEECH OF SENATOR KEMP, OF MARSHALL
ON THE BILL PROVIDING FOB a Coz
srITUTIoSAL CONVENTION, DELIVERED
FEBRUARY 2sD. 1885.

4
srITUTIoSAL CONVENTION, DELIVERED
FEBKuARr 2sD. 1886.
Mn. PRESIDENT: Ii is not my purpose +
10 discuss The various provisions OF the
present Constitution OF the State OF Aissls- /
sippi, that are objectionable TO the great /
mass OF the people. This has been done
during the debate in a far ADLER manner
than could hope TO do. / have listened
to this discussion atteStiyely, and from
the arguments Of those Senator's who oppose
Constitutional Convention, ! assume
that there are many Objectionable features
in our Constitution | hold in my hand
volume OF Applelon's CycloPedia, from
which / desire. with the Senate's permits
sion, 10 read an extract which condenses
and epilomizes the objections that are
most glarIng in our present Constitution
s'The Constitution of this State was
adopted in 1869, while military rule pre-
vailed i is the only one of the Constltu-
tions adopted at that period III the South
ern States which has thus far remained
unchanged
The question OF holding a constitutional
Convention has OF late been often pre-
seuied. Among the reasons urged IN favor
OF such Convention, il IS SAID that the
present Constitution was written and
enacted by alien enemies, and the true
people of the State had no voice IN lis Tor
nation. The basis OF representation ID
the Legislature Is very unequal aud IN
just. Ii provides that indictments TO-
/ personal offenses may be found IN any
county other than that in which The oftense
| was committed. The judiciary system
| should he remodeled. The Judges shoulo
1 -. : I.
| should lie elected by the people. The
| Ci cult Courts should be vested with equit,
jurisdiction The system Of registration
should be abolished. The Legislatur'
should have a supervisory power owe
railroad corporations, savings banks an'
insurance companies, by which the peopl
could be protected IRON their frauds an
expressions. All superndmerarv Office
such as Councillors, Registrars an
} County Superintendent Of Public Ee
, nealion, should be abolished, and tn
duties OF the latter devolve upoa III
Probate Judge. All special legisls
s ton should be prohibited, and an
: county, or city or town forbidden to Vol
aid To any railroad or corporation, upo
d the well recognized doctrine that the nj
G jority have no right TO tax the minorIt
e except for the legitimate expenses OF Il
government"
. Now. MIR. President, will not CONNER
c apon that which / have just read. l on
s desire TO call tAe attention OF Senators
q the points enumerated, and you can rette
upon them and elaborate them IN yo'
u own minds.
e The proposition now pending Is vel
4 plain and simple one. The TACT that
change in the fundamental law oil O
) State Is demanded by the people, and t
l. exigencies of the times, is conceded by a
d The only question before US for diseussi
! is, how shall the change or changes
- effected? Shall it be by means Of amen
ii tnents 10 the present instrument, or sh;
The question OF a Constitutional Conge
ton be submitted to the people Tor disct
sion?
I'd do not believe, sir, that the desir
IN end can be attained by means OF Constii
tional amendments. Ii this could be
- complished l would certainly favor 1t.
lis might be practicable, Mr.. President,
re there were but one, or perhaps two, amer
ments to be submitted, but As adm
- ed by the Senator from the Sixth Distri
ed it would require six or seven amendme
he IN order to accomplish the end desired, a
| insist that the submission OF a MAJ
'ii plieity Of amendments, each OF viii
he would have to be voted on seperate
no would SO confuse the mind OF
average voter, that there would be gr'
rick Ia adopting this plan. 1t Is "
rs known IT, at amendments 10 the Constr
Ii ton are rarely understood and voted
=. advisedly, and great confusion would
N likely to result theretrom In addition
o2 this, sir, under the provisions Of orr G
to stilution these amendments could not p
=, sibly be submitted to the people 500
than at the election of 1887. Then, sir
N this change cannot be effected by the me;
Just mentioned, and change is desirat
1 submit that there is bat one other mt
of by which it can be accomplished, a
in my judgment it il the only feast
plan, to-wit: by means Of a Consti
tional Convention. The principal
~ lection urged 10y the opponents OF /
by measure, is the expense taat would
re incurred in holding q Convention. /
objection amoeuJs to but little, and
he believe that in the end it would be
ia. measure Of economy, for the changes u
10 would be most likely to be made woi
certainly result in great saving to
~ State in the abolition of useless offices, a
OF many other measures OF reform a
he economy. | will refer Senators TO
u report OF the committee made to the Leg
81 lature of 1878, which estimates the expel
L OF a Constitutional Convention at alb
Is the sum Of S23,000.0s. Say that the c
T, of such Cor venIion will be $50, 600.
and still the sum-yes, double or treble
Is amount-would be saved in a very sh
lie time by the reforms | have just alluded
re | am inclined sir, to favor the amendm
OF the Senator from the Esd District, " h
CT provides for the submission OF the questi
lis 70 the people at the regular election
he November next. BY this means no ad
onal expense would be incurred.
oh l believe, Mr.. President, that the peot
lie Of Mississippi desire a new Copsiitut
cb 10 be made By themselves through ia
chosen representatives.. The present
: strument is not the handiwork of the p
~ pie of Mississippi. 1t was forced upon
by the military authority, and the bona
citizens Of this proud commonwealth
us no hand or part in forming it. 1t '
he foisted upon Us against our will aud c,
No sent, by those who had no sympathy or l.
as, for us, and ii is but naturnl that it shol
i, oe detested by our people.
In ali the sisterhood OF Southern Stat
10 who stood together so long and courageo
sSy ly in that four years of war and carna
DC Mississippi stands alone to-day with
ne the Constitution forced upon her By
ey enemies. The other Southern States h,
all met in Convention and have fran
as and adopted new Constitutions, wich
hv in accord with aud acceptable to the p
:; pie, and are revered and respected a
Gu people should revere and respect their Fl
TX damental law, and | trust that Mississil
cd viii no longer delay to follow the exam
OF her sister States.
OF | believe, sir, that the people will Sc
VS., their ahiest and best men to the Consti
we tional Convention, and for one, | am
afraid to trust the people in this matt
ne and ! insist that no harm can result fr
lie submitting to the people the question o
Convention. They will have the oppor
nifty OF investigating the proposed chan
IN and OF thoroughly informing themselves
pw to what they may desire, and the vote
. be had without cent OF cost.
nj | do sincerely hope that this Senate v
~ not deny to the people this great right.
AZ thank Senators for their attention and
in diligence.
he Wool Hat, Colleges. Etc.