The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1839-06-22

less confusion, and be destructive of all
law and order in the administration Of the
government. If this was true, member
might resign his seat-the speaker issue
his writ for an election just before the clo-
sing Of the polls, he could present himself
at the door Of the house demand his right
to a seat, and the house be compelled TO ad-
NIT him, and the election be thus entirely
defeated. But it is not so. No person
holding an Office under the constitution,
having once surrendered that Office tc the
power that conferred it, can rightfully exer-
else 1t without new election or appoint
ment.
AS no citizen can be compelled to accept
the Office of a representative or to discharge
its duties against his will, it is not, there
fore, necessary that his constituents should
consent TO his resignation. He is at liberty
TO resign the Office whenever he wishes and
it needs not the concurrence Of his consti
tuents TO make his resignation binding anGI
effectual.
1t has been customary for members Of
the house of representatives TO notify the
house through the speaker, Of their reSig-
ration, but there is nothing in the constitu-
tor or any act of the assembly which re-
quires it. There is no constitutional or le-
gal provision upon the subject, and differ
ent practice has prevailed in the other de-
partments of the government. There the
resignation is always made to the appoint
ing power. and seems TO be more in sccor-
dance with the nature and genius of our in
stitutions that an officer should surrender
his powers and privileges TO those by whom
they were delegated.
In case, as in this, where member e.
lect refuses to acknowledge the constitution
al authority of the house of representatives
and declines taking his seat in the house,
but is willing to resign that another may be
elected in his stead, unless resignation
addressed to his constituents would be good
and valid, they must remain unrepresented,
which would be absurd.
1t may be objected that the speaker Of
the house ought to have issued his writ for
an election Immediately after Mr.. Stevens
resignation was published. But he would
not have been warranted in doing so,
without being officially notified of
such resignation. 1t would be alto
gether irregular and dangerous for the
speaker TO make newspaper publications,
without further evidence, in such cases the |
basis of official action. II was the duty OF
the people of Adams county, if they wished
to be fully represented in the house of rep |
resentatives, to have presented their petition
Informing the house of Mr., Stevens resig-
nation and request that writ for an election
to supply the vacancy might be issued
They have the constitutional right Of
petitioning on this, as well as upon other
subjects, and if they have neglected TO ex-
eIcse that right, and thereby remained par
TALLY unrepresented, the blame must rest
with themselves.
The house Of representatives is stigma. |
tized by Mr.. Stevens in his letter of resig-
nation, and several subsequent publications,
addressed by him to The people of Adams
county, with the most approbrious and
slanderous epiihets which disappointed am
bition and party rancour could invent. He
has wantonly and wickedly uttered the
most false and infamous lihels upon a por-
lion Of its members, who frustrated his ne
iarious attempts to destroy the right of suf-
frage, and defeat the will of the people.
But as he ceased to be a member ceval
with the publication Of his resignation, it
became unnecessary for the committee to
inquire, whether the house, under that
clause in the constitution which delegates
to each house, "all the powers necessary
for the legislature of free state," and in the
exercise Of the right of selfpreseryalion,
incident to every constitutional tribunal, has
not the constitutional authority to exclu'. |
a member from taking his seat in the hsuse
who by his outrageous and infamqps con-
duct towards the house has shoSn himself
entirely unworthy of the sto...on, to which
he has been elected. Nor is it necessary
to determine, wheth Mr.. Stevens refusal
for so long Pc .od, to fulfil the duties of
his ofhtass, would operate as forfeiture Of
as right.
It's proper to remark, that Mr.. T. S. !
Cunningham, member of the committee.
did not attend its meetings nor, does he join
in this report.
The committee, therefore, submit the
following resolution:
Resolved--That Thaddeus Stevens,
member elect from the county of Adams,
having resigned his olice,.is not entitled to