The age-herald., 1898-03-27
WILLIAM G. OATES ON THE +++++
 CONSTITUTIONAL CONVENTION


 Age-Herald as to the propriety, desirabili- ty. or necessity of amending the constitu- tion of the state, and if so, whether 1t should be done by convention or other wise. I now proceed briefly to comply with that request.
 Some of our busy people who have never devoted any time to the study of constitu- tions may naturally inquire what necessity there is for a written constitution. The answer is that in the absence of either state or federal, an assembly of repre- sentatives of the people would be possessed of unlimited power and could legislate away the life liberty or property of any person within the Jurisdiction of the state without the intervention of judge or jury, and appoint an executioner to enforce their orders and decrees. Nothing short of sav- agery could be more inimical to the rights and liberties of the citizen than the exer- else of such unbridled power. The great est safeguard Is a written constitution, which divides the functions of government and commits them to three distinct bodies of majistracy. The legislature, or law making power to one, the jud cial to an- other and the executive to another, with a number of restrictions upon each set forth in bill of rights. Neither of these departments can infringe upon or exercise any of the powers committed to another. They are restraints, limitations and checks upon each other, and thus serve to con fine each other to their respective ana proper spheres of action. The legislature cannot, therefore, decide a legal contro- yersy or dispute as to the ownership or property, nor can courts make laws nor can the governor exercise his will except in obedience to the law and the Judgment of the courts. -a
 No more beautiful, benefcent and just system of government could be deViseo.
 The constitution of the United States was formed by the states, each delegatihg, or ceding, to that government po"eis which could not so well be eXerclsea py each state separately as by one leaerai or national government for the common welfare of all the states, and the peo- ple thereof; such for instance as to raise and support armies, to provide ana main, tain a navy, to establish postonces ana post-roads, to regulate commerce. etc,
 The powers of the United States govern ment, were on the suggestion or Jener- son, divided like those of state into three distinct departments; but unlike the state governments in the source of power, that of the United States is derivauVe ana aoes not exist unless found in the constitution, while the powers of a state are unlimited except by its own constitution, or that ol the United States.
 In 1865, after the close of the war, 1t was deemed necessary to hold convention to revise and amend the constitution so as to adapt it to the redlcal changes Ill our industrial condition wrought by the war, and consequently a convention was as sembled on the 18th day of September, 1865, and revised the constitution. Officers were elected under it and the necessary machinery set in motion. This was Presl- dent Andrew Johnson'S plan of reconstruc- tion Senators and representatives in con- gress were elected, but were not seated nor allowed to qualify. Congress and Johnson quarreled bitterly and the former passed two reconstruction acts, dated March ?, and March 23 1867, over the presidents veto, and sent the army south to enforce these acts, which very unwisely enfranchised all the lately emancipated male slaves over 2l years of age, without regard to their ignorance and utter un- fitness to exercise so important function fgovernment. The army placed in the field supported the registers of voters and they held a most memorable election; the poor ignorant negroes elected whoever the newcomers directed them to vote for and called a convention of carpetbaggers who framed another constitution and submitted it's ratification to a vote of the qualified electors and the same was defeated, but that revolutionary and partisan congress ratified 1t for us, and in this way it be- came operative in June, 1S6S
 It contained many new provisions. Some were wise, but many of them were very objectionable and not adapted to the con- dition of the state. It provided for lieutenant governor with a salary; bu- reau of industrial resources, with a salari- ed commissioner; a board of education composed of the state superintendent and two members elected from each congress sional district, with exclusive jurisdiction and power to legislate in respect to the public schools and educational institutions of the stated third legislative body; an- nual sessions of the general assembly with out limit to length of session, and the compensation of members within their dis cretion. The general assembly was in ses- sion nearly half the time. There were three sessions in the year 1S6S There was no limit in the constitution to the rate or amount of taxation, no limit to the state debt, no restraint on the issue or state bonds, nor county bonds. The state en- dorsed the first mortgage bonds Of the railroads for sixteen thousand dollars per mile. Within six years the state was bankrupt and nearly one half the counties in like condition At the November elec- tion, 1874, the democrats elected Houston governor and a majority of the senators and representatives in each house of the general assembly. One of the first con- alterations was the restoration OF the cred 1t of the state. An act approved March 19, 1875, was passed, calling convention to "revise and amend the constitution and vote of the people was had thereon Tuesday after the first Monday in August, which carried by large majority. On the 9th day of September following the con- venton assembled at the capitol, organized and went to work. Your readers have but to look at the names of the delegates to hat ab1ar h01V of assembled in that capitol. Unless it was when the first congress of the late con- collection of congressa GO aeopfA .123456 federate states assembled there. The re- collection of the tyranous usurpation of congress by which rejected constitution had been forced on the people had much to do with the calling of that convention and caused several of the good, new provisions of the constitution of 1868 to be rejected The bureau of judicial resources properly guarded and with the duties of the com missioner of agriculture added might be made most important and useful In the present condition of the state.
 A board of education with proper limita- ,frl,f dau ha al