Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1869-03-17

The oxorclec of this power hy The
Legislature, urlihovi fAs consent of ~
people, "a net Amendment II is revolution.
x further consideration OF the struct.
ure Of our government aud Of the pow.
ors gmnted by the people lehds us TO
the same oopclusion
The LcrhSamro of the State is
limited and controlled by thc provlp.
ions Of The State constitutional lts
acts in violation thereof are void. AS
an independent body, every. attempt
on its part to interfere with the right
Of suffrage, or 20 change the rule
thereof, Is Of no effect. II may regis.
ter the public will, but IL can novcr
act with power upon subj sct beyond
It's control. The Constitution Of the
United States is part Of the consti-
tuition Of Pennsylvania, and the con-
stitution Of Pennsylvania is part OF
the Constitution of the United States.
Each is supreme within its sphere.
The government OF the United States
| is one of enumerated powers all pow
ers not granted to it "are reserved TO
the States and the people" We may
for the purpose Of this report consider
it TO be supreme in its control Of
doubtful and concurrent powers, yet
beyond these wide fields and outside
of the range'of its authority, is found
the control Of this important subject.
II is reserved to the States, or the
people. ltis part of the State con
stitution, 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
manifesily is in the State or the peo-
pie. This amendment would be futile
IL the subject of II were not beyond
the pale Of Federal authority. No
one will argue that its control is in
the State Legislature, IL the provisions
of the Federal Constitution on the
subject of amendment are not TO be
considered, but we have already seen
that it is in no manner controlled by
Federal authority. If it is, then the
State Constitution, the supreme law
upon this subject, is made inferior TO
the power of the State legislature, and
they may by amendment 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 and can
only be affected or controlled by
them.
Ifby the vote Of the legislatures Of
threctoErths Of the States this amend
merit be ratified, and by the action Of
| our State u is rejected, then our con.
troll Of suffrage 10 Pennsylvania is Ia
ken from us by the votes of the legis.
latures Of Florida and Oregon. Surely
such result as this was never con.
templated by the trainers of the
government
Ifit had ever been supposed TO exist,
the Federal Constitution would never
have been ratified.
For these reasons we conclude that
sovereignty upon this subject is re-
served TO the people, that the power
Of amendment in this form without
their consent does not exist, but that
1t 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 aud il is their right 10 be
consulted in its change. We cannot
err in goirg 10 them for instructions.
The Legislature was elected upon
otherissues one political party In the
late election maintained that "The
question Of suffrage in all the loyal
States properly belongs 10 the people
of those States" whilst the position
Of the other has uniformly been, that
tho people of the States are possessed
Of all power over the rule Of suffrage,
Both recognize the right Of the peo-
pie, and the Legislature would be
recreant TO its duty as well as TO the
dictates of common honesty to recant
the express pledges involved in its
election.
The matter for us TO determine is
not, shall this amendment be ratified,
but il is the far graver question, shall
the people be deprived of their right
to pass upon the question Of its ratif
cation or rejection. We believe that
they should not, and therefore report
the following resolutions for adoption
by the Senate
Resolved, That the Judiciary commitiec Of the
Senate be and they are hereby instructed % pre-.
pare and forthwith report 20 the Senate n bill ior
the submission Of the question Of the ratification
Of the said amendment to the people at the elcc.
ton Id October, 1909
Resolved That the Senate will not act upon the
question Of the ratification Of the said amendment
to the Constitution Of the United States at its
present session, but will await the action Of the
people at the polls thereon, and will accept the
result there as binding instructions for the ratib
cation or rejection thereof.
All Of which is respectfully submit
ted. WILLIAM A. WALLACE,
WILLIAM M'CANDLEss.
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