The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1869-04-02

which control has been vested by the
people in the Federal and State gov.
ernments.
Our power cannot go beyond this, fol
the stream cannot rise higher than its
source.
Without the consent of the people Of
this State, Alright that is not granted
by them to either the Federal or the
State government, cannot be taken
from them, nor can the rights of a mi
nority of the States be taken away by
the majority, when the right invaded
has never been within the control OF
the Federal Government. If this at
tribute of sovereignty can be taken
from Us by Congress and 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, aoitaoitt the consent Of the
people, is not amendment, ii is reuot,aton.
A further consideration of the struc-
ture Of our government and of the
powers granted by the people lead US
to the same conclusion.
The legislature of the State is limited
and controlled by the provisions of the
State constitution. It's acts in violation
thereof are void. AS an independent
body, every attempt on its part to in
terfere 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 sub
ject beyond its control. The Constitu-
ton of the United States is a part OF
the constitution of Pennsylvania, and
the constitution of Pennsylvania is a
part of the Constitution of the United
States. Each is supreme within its
sphere. The government of the Uni
ted States is one of enumerated pow
ers; all powers not granted to it ''are
reserved to the States and the people. {"
We may, for the purposes of this re-
port, consider it to be supreme in its
control of doubtful and concurrent pow
ers, 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 people. 1t is part of the State
constitution, and IN that respect the pro-
visions thereof are the supreme law.
Being neither an enumerated, con-
current, nor doubtful power under
the Federal Constitution, its control
manifestly is in the State or the peo-
Pile. This amendment would be futile
if the subject of it were not beyond the
pale Of Federal authority, No one
will argue that its control is in The
State legislature, if the provisions of
the Federal Constitution ON the sub
ject of amendment are not to be con-
sidered, but We have already seen that
it is in no manner controlled by Fed
eral authority, If it is, then the State
constitution, the supreme law upon
this subject, is made inferior to the pow
er of the State legislature, and they
may by amendment override it. No
such violation Of the rights of the peo-
pie was ever contemplated by the
trainers of our constitutions, but the
plaib and clear Interpretation Of the
whole subject is, that this right is one
that belongs to the people and can only
be affected or controlled by them.
If by the vote of the legislatures OF
three-fourths of the States this amend
ment be ratified, and by the action OF
our State it is rejected, then our control
of suffrage in Pennsylvania is taFen
from US by the votes of the legislatures
of Florida and Oregon. Surely such a
result as this was never contemplated
by the trainers of the government.
Ifit had ever been supposed to exist,
the Federal Constitution would never
have been ratified.
For these reasons | conclude that SOW
ereignty upon this subject is reserved
to the people, that the power of amend
ment in this form without their con-
sent does not exist, but that it does ex-
ist as to all those matters in which
powers and rights are vested by the
State or Federal Constitution in the
State or Federal Government.
The people of the State established
this rule and it Is their right to be
consulted in its change. We cannot
err in going to them for instructions.
To exercise this power without go
ing to the people, as | have already
said, is not amendment, II Is REVOLT
TIoN.
In accordance with these opinions
submitted to you this preamble and
resolutions:
United States has proposed an amend
ment to the Constitution thereof, to be
known as Article XIV, which changes
the rule OF suffrage now existing III this
Commonwealth, and substitutes there
for another and different rule, which
said amendment is now submitted tC
the legislatures of the different States
for ratification and
WHEREAS, "All power is inherent
in the people," and it is right thai
| they should have an opportunity tt
vote for or against the ratification O
the said amendment and to determine
whether they will or will not change
the rule of suffrage now existing
| therefore
Resoiued, That the Judiciary Com
mittee of the Senate be and they are
hereby instructed to prepare and forth
with report to the Senate 6W for tn
Submission of the question Of the rdt!tcd
| f:r ~. Ill IN emf to the 1lPnnk