Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1864-01-23
The DEADLOCK in the Senate.

LETTER FROM EX-GOVERNOR PACKER,
We ask the attention of DR.. John and
oil other" Loyal patriots, to the subjoiu.
ed letter from Hon. WILLIAM L PACKER.
Gov. p is Douglas Constitutional Dem.
ocrat. He gives the opinion of every
honest man in Pennsylvania on the organ
izaton of the State Senate.
I'D. COL Democrat
WILLIAMsPoRT, Pa. Jan. 10, 1864.
Hon. WIN. HOPKINS Dear Sir IF
in these terrible times the community ooud
be surprised at any thing which can hap
pen, they would assuredly be astoundad
with the bold and revolutionary attempt,
now being made by the party in power, to
override the constitution, aud to usurp the
powers of our State Senate.
Nothing can be palmer than the con-
stitutional requirement that the General
Assembly shall meet on the first Tuesday
of January, in every year," and that thcn
"each House shall choose its Speaker, and
other officers Not only is the Senate
authorised and directed to choose its
Speaker, and the House of Representatives
to choose its Speaker, but each House,
Chat is, euery House,) as it is constituted
when the General Assembly meets, shall
choose ito Speaker aud other officers -
This has been the construction of those
sections of the Constitution which has OBJ
tanned without the Interruption, and with.
out question from any quarter, from the
adoption OF the constitution, in 1890, un-
til the meeting of the General Assembly,
in 1864. The Speaker of q former
"House' Gas each branch of the Legis-
lature is denominated,) y only presides un-
til the credentials of nta0 "House" are
laid before him. Then he must retire.
His duties have been performed, and his
p ,wers are ended. This is not only ac-
cording 10 the constitution, but it is in
strict conformity with the experience of
the past
John Tod, afterwards an eminent Judge
of the Supreme Court of Pennsylvania,
and one of the first lawyers in the State,
SO read the constitution, when, at the
meeting Of the General Assembly, in De-
cember, 1915, he took his scat on the
floor Of the Senate, aud was re elected to
the chair which he had just vacated. He
was the Speaker during the entire session
of lsl4-l5, and held over, and yet he
did not dream OF holding ou to the chair,
when the new Senate met, in the session
Of lSl5-16.
The only instance in which Speaker
can hold over, is 'when the Speaker shall
exercise the Office of Governor. and that
case is especially provided for by the con.
stitution. Recognizing the right oil each
House, at the meeting of the General As.
sembly, to elect its own Speaker, the con-
stitution qualities that right, and restrans
it, "when the Speaker Of the Senate shall
exercise the Office of Governor" and pro-
vidcs for the election of Speaker pro
tempo,e, only on such occasions. Why
do this, if the Speaker, by virtue of his
Office, continued, at his discretion, to be
Speaker after the meeting of the new Sen.
ate 1t was foreseen that unless such con-
tingency were provided for, vacancy
would happen, and the new Senate, by
elecling new Speaker, would elect new
Governor. The election must be held
but the new Speaker, says the constitu.
ton, shall be Speaker pro tempore, merely.
The present nominal Speaker is good
lawyer, and he knows, that, according TO
all the rules Of construction, this special
exception named, in restraint of the cleo
ton Of Speaker, excludes all other excep-
tions, and makes it obligatory on each
new Senate, when the General Assembly
meets, to "choose its Speaker and other
officers" Thus the trainers of the con-
stitution, themselves, gave it the construc.
ton which has obtained from that day to
this.
What right has the retiring Speak 10
know that the thirty-two Senators present
could not be trusted to organize the Sen.
ate And how can it change his position
if he did know it Thirty two Senators
form a very full Senate. Nine tenths Of
the business of that body is transacted by
less number. Ii he be the proper Speak
er of the Senate, there is no vacancy, and
can be DO election. Is the present nomi-
nal Speaker willing to take that ground
Will he presume to say that each House,
at the meeting of the General Assembly
in 1854, shsll not choose its own Speaker!
Nothing is surer than thatthe Senate can.
not choose Speaker while there is le-
gitimate Speaker in the chair. If he ~.
eide that his powers and his duties con-
tinue, then he decides that there shall be
no election. This, in my opinion, is revo-
lutlohary, and E flagfant usurpation of
power, not justified by the practice of the
past, nor sanctioned by the constitution,
but in manifest derogation of both.
1t is needless for me to say to you, afe
what have written, that | heartily ap-
prove the course pursued by those mem
bers OF the Senate, who stand by their
constitutional rights. To do otherwise,
would be to surrender your manhood.
| remain, very truly yours, &c.
WM. L. PACKER.