Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1864-01-27
THE DEADLOCK IN THE STATE
SENATE
LETTER FROM EX-GOV. PACKER
WrLLIAMspoRr, Pa, January 10, 1864.

WLLIAMsPoRT, Pa, January 10, 1864.
Hon. WM HoPRINs--D Dear Sir: Tin these
terrible times the community could be
surprised ut any thing which can happen
they would assuredly be astounded with
the bold and revolutionary attempt, now
being made hy the party in power, tc
override the constitution, and TO usurr
the powers of our State Senate.
Nothing can be plaioer than the consti-
tutional requirement that the General
Assembly shall meet on the tIst Tuesday
of January, in every year." and that then
leach House snail choose its Speaker, and
other officers" Not only is the Senate
authorized and directed to choose as
Speaker, and the House Of Representa-
tives to choose itS Speaker, but each House.
(that is, Cvsry House,) as 1t is constituted
when the General Assembly meets. shall
ct oose its Speaker and other officers.
/ This has been the construction of those
sections Of the Constitution which has ob,
talned without interruption, and without
question from any quarter, from the adop-
ton OF the constitution, IN 1870, until the
meeting Of the General Assembly, in 1864.
The Speaker OF former House" las each
brancn oi the Legislature is denomiualed,)
only presides until the credentials Of q
hCD House" are laid before him. Then
he must retire. His duties have been per
formed, and his powers are ended. This
is not only according TO the constitution,
but it is IN strict conformity with the eX-
perence Of the past.
John Tod, afterwards an eminent Judge
Of the Supreme Court Of Pennsylvania.
and one ot 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 seat on the.loor
OF the senate, and was reelected to the
chair which he had just vacated. He was
the Speaker during the eutire session Of
lSl4-l5, and held over, and yet he did not
dream of holding on to the chair, when
the new Senate met, in the session of
lSi5-l6.
The only instance in which a Speaker
can hold over IS "when the Speaker shall
exercise the office of Governor" and that
case is specially provided for by the cen
sllIutlon. Recognizing the right of each
uouse, at the meeting of the General As
semb!y, 10 elect its own Speaker, the con
sltutlon qualities that right, and iestrains
1t, when the Speaker of the Senate shall
exercise the Office of Governor" and pro-
vides for the elect on Of Speaker pro tenn
pore, 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 Senate ItI
was foreseen that unless such contingency
we're provided for, vacancy would hap
pen, and the new Senate, 10y elecling a |
new Speaker, would elect Il new Cover
nor. The election must be held; but the !
new Speaker, says the constitution. shall !
be Speaker pro trmD0re, merely. The pre- |
sent nominal Speaker is good lawyer, |
and he knows, that, according to all the |
rules OF construction, this special excep- |
ton named, in restraint Of tue election |
OF Speaker, excludes all other exceptions, |
and makes II obligatory on each new Sen !
ale, when the General Assembly meets, to |
choose its Speaker and other officers"
Thus the trainers of the consultation them
selves gave it the construction which has !
from that day to this.
What right las the retiring Speaker Ia !
know that the lhirty-twO Senators present !
could not be trusted to organize the SEN
ate? And how can it change bis position .
If he did know it? Thirly-two Senators .
form very fu!l Senate Nine-,enths Of
the business OF that body is transacted by .
a less number. If he be the proper Speak
er of the Senate, then there is no vacan-
cy, and can be no election. Is the present |
nominal Speaker willing to take that
ground Will he presume to say that
each House, at the meeting Of the Gener-
al Assembly in 1864, shall net choose its
own Speaker? Nothing is surer than that
the Senate cannot choose a Speake. while
there is a Legitimate Speaker in the CHAIR.
If be decide that his powers and his du-
ties continue, then he decides that there
shall be no election. This, in my opin-
ion, is revolutionary, and aagraut usur-
patton OF power, not justif ed by the prac-
iice of the past, nor sanctioned by the
but in manifest derogaton
Of both.
1t is needless for me to say to you, after
what | have Eritton. that heartily ap-
prove the course pursued by those mem
oers oil the Senate, who stand by their
rights. To do otherwise,
would he to surrender yopT manhood.
| rema,n, very truly yours, sc.
WI. 2. PACKER.