Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1869-03-31

W." - N'NANAMAA ~ AlAN AAAAN W lAAllN
Of its own motion an amendment e
the Federal Constitution is 10 be re
strained and confined to those matter,
over which control has been vested by
the people in the Federal and State
governments.
Our power cannot 90 beyond this
for the stream cannot rise higher than
its Source.
Without the consent Of the people
of this State, a right that is not grant
ed by them to either the Federal OF
the State government, cannot be taken
from them, nor can the rights Of a
minority Of the States be taken away
by the majority, when the right inva.
ded has never been within the control
OF the Federal Government. If this
attribute Of sovereignty can be taken
from us by Congress aud the Legisla-
ture then liberty Of the press and trial
by jury can in like manner be swept
away, and it is within the power OF
amendment TO create an established
church and connect Church and State.
The exercise OF this power by the
Legislature, i0ifh0Ut the consent Of the
people, is not amendment, Il is reuolution.
A further consideration of the struc-
ture Of our government and of the
powers granted by the people lead us
10 the same conclusion.
The legislature Of the State is lin.
tied and controlled by the provisions
OF the State constitution Its acts in
violation thereof are void As an
independent body, every attempt on
its part to interfere with the right OF
suffrage, or to change the rule thereof,
is Of no effect 1t may register the
public will, but it can never act with
power upon a subject beyond its con
troll. The Constitution Of tho United
States is q part Of the constitution Of
Pennsylvania, and the constitution Of
Pennsylvania IS a part Of the Consti-
tuition Of the United States. Each is
supreme within its sphere The gov
ernment Of the United States is one Of
enumerated powers; all powers not
granted TO IL "are reserved 10 the
States and the people" We may, for
the purposes Of this report, consider it
TO be supreme in its control of doubt
ful and concurrent powers, yet beyond
these wide fields and outside Of the
range Of its authority, is found the
control Of this important subject. 1t
is reserved TO the States, or the pco-
pie. 1t is part OF the State consiitu-
ton, and in that respect the provisions
thereof are the supreme law. Being
neither an enumerated, concurrent,
nor a doubtful power under the Fed.
eral Constitution, its control manifest
ly is in the State or the people. This
would be futile If the sub.
iect Of il were not beyond the pale of
Federal authority. No zone willargue
that its control is in the State legisla.
ture, il the provisions Of the Federal
Constitution on the subject Of amend.
ment are not to be considered, bus we
have already seen that IL is in no man.
ner controlled by Federal authority.
IL 1t is, then the State constitution.
the supreme law upon this subject, is
made inferior 10 the power of the State
and they may by amend
ment override IL. No such violation
Of The rights Of the people was ever
contemplated by the trainers Of our
constitutions, but the plain and clear
Interpretation Of the whole subject is,
that this right is one that belongs to
the people aud can only be affected or
by them.
lfby the vote Of the legislatures OF
ihree.iourths Of the States this amend
ment be ratified, and by the action Of.
our State it is rejected, then our con-
troll OF suffrage 10 Pennsylvania is
taken from US by the votes Of the
OF Florida and Oregon.
Surely such a result as this was never
contemplated by the trainers OF the
government.
lfit had ever been supposed to exist.
he Federal Constitution would never
nave been ratified.
For these reasons / conclude that
sovereignty upon this subject is reserv-
ID TO the people, that the power of
amendment in this form without their
consent does not exist, but that il
loes exist as 10 all those matters in
which powers and rights are vested
~ the State or Federal Constitution
n the State or Federal Government
The people Of the State established
bis rule and it is their right TO be
consulted in its change. We cannot
.rr in going to them for instructions.
To exercise this power without 90
ng TO the people, as ] have already
aid, is not amendment, 1T Is REvolu-
ION.
In accordance with these opinions 1
submitted to you this preamble and
WurEEAs, Tho Congress Of the United States
.as proposed on amendment 90 the Constitution
hereof, DO be- lnovn as Article Nv, which changes
De rule oi suffrage nov existing in this Common
wealth, and substitutes therefor another and q diff
crcui rule, which said amendment be nov submit
ed 10 the legislatures Of the different States Tor
and
WHEarAs. IAN power is Inherent in the rso-
De- and it is right that they should have IN op-
'oriunity 70 vote for or araiusi the nfihcatOu of
no said amendment and 90 determine whether they ]
'il or viii not change the rule Of outrage nov
xisiInr therefore,
Resolved That the Judiciary Committee Of the
'cuaic be- and they are hereby instructed o. pro
ARE and forthwith report DO the Senate bm f1r
is sHiiission Of tis question 81 ne fafifcahaa u
b. said nmendmsni 10 a. people ai he sieciion 10
l-iotsr, 1868
Resolved That the sennte viii not urf urun tht I
Question Oi the ratification of the said amendment
o the Constitution Of the United States a. iis pres
nt session. bot win await che aciiou of th, people
tho polls thereon.
By a strict party vote You have
'oiod down this proposition and denied /
% the people the right 20 pass upon /
he question That responsibility is /
low yours, and for il you must answer
o them.
In the brief remainder Of the thirty
minutes you have allowed us TO dis
uss this issue. shall address myself
o the subject In its practical bearings, /
IA - a.. ...aa.t ! Ns..f..s... o.. 49,. -. D 81