Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1850-03-09

amendment that may be proposed 10 the
original amendment. 1t has been already
adverted TO by several of the gentlemen who
have preceded me, and allude TO it now
merely for the purpose Of referring 10 an au-
thorty have at hand in supporting it, and
of expressing my own conviction of its cor
rectness. .....
The tenth article of the Constitution, upon
the subject Of amendments. provides that:
"Any amendment or amendments 70 this
Constitution may be proposed in the Senate
or House of Representatives, and if the same
shall be agreed to by majority of the men,
bers elected 10 each House, such proposed
amendment or amendments shall be entered
on their journals, with yeas and nays taken
thereon and the Secretary of the Common
wealth shall cause the same 10 be published
three months before the next election, in al
least one newspaper in every county in which
newspaper shall be published; and if in
the Legislature next afterwards ckssen, such
proposed amendment or amendments shall be
agreed TO by majority of the members
elected 10 each House, the Secretary of the
Commonwealth shall cause the same again 10
be published in manner aforesaid, and such
submitted 10 the people in such a manner
and at such time, AT least three months after
being so agreed 10 BY the two Houses, as the
Legislature shall prescribe; and if the peo-
pie shall approve and raiify such amendment
or amendments by majority o: the qualified
voters of this State voting thereon, such
amendment or amendments shall become a
part of the Constitution &c.
MIR. Packer then commented upon this
article at considerable length, contending
that the original amendment having passed
the last Legislature, and having been pub
lished three months previous 10 The last cleo
ton, as required by the Constitution, the
present Legislature had no authority TO alter
or amend, but must vote directly upon it,
The authority TO which desire 10 call tho
attention of the House, is 10 be found upon
the 37sh page of the February number of
"The american Lar Journdl edited by an as
sociation of gentlemen learned in the lar" the
acknowledged head of which has long occu-
pied an enviable position in the font ranks
of his profession, and has for many years
been one of the brightest lights in the judi
ciary of our Sln,e, enjoying a reputation as a
lawyer and Judge, which but few can hope
TO attain, and which, deservedly acquired,
entities his opinions TO The highest respect,
''bo,h in courts of justice and elsewhere"
The article referred to, after aluding brief
ly TO the fact that it was feared an attempt
would be made TO alter the proposed amend
ment at the present session OF the Legislature
proceeds "The tiro Houses, in this matter,
are not acting under their general legislative
powers. They are merely taking the preli-
minary steps necessary 10 submit an amend
ment of the fundamental law TO the people.
The present two Houses have only special
and limited authority. They must either
agree or disagree 10 the proposed amendment,
as it came from the two Houses of last session.
Nothing else is submitted 10 the two Houses
of the present Legislature. They have no
right 10 amend the proposed amendment"
Then if the amendment 10 the amendment
does not prevail, how stands the original a
mendmenil
Shall il be agreed to, or not?
Ii appears 10 me, sir, that the truequestion
presented to us for our decision has been, in
great measure, lost sight of in the discus
sion of question which can only present IL
self properly to the people, when they come
to vote upon this proposed amendment at the
polls. The question for us TO decide is not,
sir, whether this amendment shall be made,
but wherher We will give the people an op-
portunity to say, through the ballot box whe-
ther they desire this change or not.
Sir, gentlemen may talk as they please
about their confidence in the people. They
may honestly believe they have firm rel-
ance in the integrity Of the masses, but, sir,
they deceive themselves when they endeavor
10 persuade and convince their own minds
that they have confidence in the people, and
vet al the same time are afraid to trust them
with the decision Of this question. II is, sir,
direct and palpable contradiction in terms.
Il
1t is said, too, sir that if we require the
Judges Of the courts Of Common Pleas TO re-
| side in the district for which they are respec-
lively elected, we will have them deciding
very frequently in cases between their friends
aud associates that they will come upon the
bench with their minds filled with outdoor
statements and a neighborhood decision Of
the cause.
Experience has sshown that there is nothing,
sir, in these objections. The amendment
does not require the Judges 10 live in the
district previous to the election, but merely
to reside there during their continuance IN Of
fee. This is the case now, sir, in perhaps q
large majority of the districts in the State
In the district in which live, the severa
Judges who have presided over it for many
years, have resided within its bounds during
the whole period Of their respective terms.
In the pamphlet laid upon our tables, con