ntuated by bitter faction
fights among the rivals for popular leadership, backed by their families
and followers. Bad feeling showed itself at this convention, the rivalry
between Sevier and Tipton being pronounced. Tipton was one of the
mountain leaders, second in influence only to Sevier, and his bitter
personal enemy. At the convention a brand new constitution was submitted
by a delegate named Samuel Houston. The adoption of the new constitution
was urged by a strong minority. The most influential man of the minority
party was Tipton.
This written constitution, with its bill of rights prefixed, was a
curious document. It provided that the new state should be called the
Commonwealth of Frankland. Full religious liberty was established, so
far as rites of worship went; but no one was to hold office unless he
was a Christian who believed in the Bible, in Heaven, in Hell, and in
the Trinity. There were other classes prohibited from holding
office,--immoral men and sabbath breakers, for instance, and clergymen,
doctors, and lawyers. The exclusion of lawyers from law-making bodies
was one of the darling plans of the ordinary sincere rural demagogue of
the day. At that time lawyers, as a class, furnished the most prominent
and influential political leaders; and they were, on the whole, the men
of most mark in the communities. A narrow, uneducated, honest
countryman, especially in the backwoods, then looked upon a lawyer,
usually with smothered envy and admiration, but always with jealousy,
suspicion, and dislike; much as his successors to this day look upon
bankers and railroad men. It seemed to him a praiseworthy thing to
prevent any man whose business it was to study the law from having a
share in making the law.
The proposed constitution showed the extreme suspicion felt by the
common people for even their own elected lawmakers. It made various
futile provisions to restrain them, such as providing that "except on
occasions of sudden necessity," laws should only become such after being
enacted by two successive Legislatures, and that a Council of Safety
should be elected to look after the conduct of all the other public
officials. Universal suffrage for all freemen was provided; the
Legislature was to consist of but one body; and almost all offices were
made elective. Taxes were laid to provide a state university. The
constitution was tediously elaborate and minute in its provisions.
However, its only interest is it
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