Wyoming democrat. [volume] (Tunkhannock, Wyoming Co., Pa.) 1867-1940, 1869-03-24

lies.
We have no power over this question.
1t belongs to the people, although tech
nical reading of the Federal Constitution
on the subject of amendment seems to in
belongs to the people.
We are of opinion that the power of the
| Legislature of this State TO ratify of its
| own motion an amendment to the Federal
Constitution is to be restrained and con-
fined to those matters over which control
has been vested by the people in the Fed
eral and State governments.
Our power cannot go beyond this. for
the stream cannot rise higher than its
! source.
Without the consent of the people of this
| State, right that is not granted by them
! to either the Federal or the State govern
ment, cannot be taken from them, nor can
the rights of 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 attri.
| butte of sovereignty can be taken from lis
bv Congress and Legislature 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 establish
ed church and connect Church and State.
The exercise Of this power by the Legis-
lature without the consent of the people,
is not amendment, it is revolution.
A further consideration of the structure
of our government and of the powers grant
ed by the people leads us to the same con-
clusion.
The Legislature of the State is limited and
controlled by the provisions of the State
constitution. Its acts III 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. ltmay register the
public will, but it can never act with pow
er upon subject beyond its control The
Constitution of the United States is part
Of the constitution of Pennsylvania, and
the constitution of Pennsylvania Is q part
of the Constitution of the Unitod States.
Each is supreme within its sphere The
government of the United States is one of
enumerated powers, all powers not granted
to it ''are reserved to the States and the
people" We may for the purposes of this
report consider it to be supreme in its con-
troll of doubtful and concurrent powers,
yet beyond these wild fields and outside of
the range of its authority, is found the
control of this important subject 1t is re-
served to the States, or the people. 1t is
q part of the State Constitution, and in that
respect the provisions thereof are the su-
preme law. Being neither all enumerated,
a concurrent, nor doubtful power, under
the Federal Constitution its control mani
festly Is i'll the State or the people. This
amendment would be futile if the subject
of it were not beyond the pale Of Federal
authority. No one will argue that its con-
troll is in the State Legislature, if the pro-
visions of the Federal Constitution on the
subject of ameddment are not to be consid-
cred, but we have already seen that it is in
ty. If it is, then the State Constitution,
the supreme law upon this snbject, IS made
inferior to the power of the State Legisla-
ture, and they may by amendment over
ride it. 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 sub
ject is, that this right is one that belongs
to the people and can only be effected or
controlled by them.
If by the vote of the Legislatures OF
three-fourths of the States this amendment
be ratified, and by the action of our State
is rejected, then our control of suffrage in
Pennsylvania is taken from us by the votes
, of the Legislatures of Florida and Oregon.
Surely such a result as this was never con-
templated by the trainers by the govern
ment.
If it had ever been supposed to exist, the
Federal Constitution would never have
been ratified
For these reasons we conclude that sov.
: ereignty upon this subject is reserved to the
people, that the power of amendment in
, this form without their consent does not
exist, but that it does exist 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
t its change. We cannot err in going to
J them for instructions.
The Legislature was elected upon other
issues one political party in the late cleo
ton maintained that '"The question of suf.
frage in all the loyal States properly be.
longs to the people Of those States, whilst
the position of the other has uniformly
been that the people of the States are pos
sessed of all power over the rule of suffrage.
Both recognize the right of the people,
and the Legislature would be recreant to
its duty as well as to the dictates of com.
mon honesty to recant the express pledges
involved in its election.
The matter for US to determine Is not,