The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1872-02-29
lot apply to those who make it.

.
bers of the Legislature should be defn
itely fixed by the Constitution.
In the financial crash of 1857 the banks
all suspended specie payments, and it was
conceded the Governor should call a
special session Of the Legislature. But
the October election was just at hand, and
the question at once arose, who compose
the Legislature ?-or, rather, who will
compose it after the second Tuesday of
October next? 1t was coutended by some
that the members already elected con-
tinued to be members until the time of
meeting fixed by the Constitution, in Jan,
uary. Others argued that by the Octo-
Der election the terms Of all old members
of the House not re elected ipsO fdctO
expired /; and that under any proclama-
tion of the Governor for an extra session
the new members would take the places
of their predecessors. This grave and
knotty question was evaded at the time,
by the Governor calling an immediate ses
sion, on short notice taking it for grant
ed the members would hurry through the
business Tor which they were specially
convened, and adjourn before the cleo
ton. This was accordingly done but
the important question raised remained
unsettled and so remains to this day
Suppose reckless administration in the
last year of its power, and the old mem
bers Of the Legislature in sympathy with
it on certain measures, and the people at
the October election to have repudiated
the measures and the members of the Le-
gislature who were Identified with them.
What is there to hinder the Executive,
Immediately after the election, or even be
fore it, when the handwriting was already
visible on the wall, from cOnvening the
old Legislature in extra session, and thus
enabling them to consummate their pet
schemes, in definance of the popular will?
Even after the election the newly chosen
members could not legally attend the place
of meeting without notice or authority
and if they made their appearance at the
place of meeting, it would only be to find
others in, their places, and with the pow
er to exclude them. 1t may be said this is
not suppossible case-that no Executive
would presume or dare to do this. But
why not? Would not such action be in
strict accordance with the very letter OF
the Constitution Under our theory
and system of government the Legislature
may lawfully do what it is not prohibited
by the Constitution, from doing Consti
tutional provisions are but restraints up
on the powers and agents Of the govern
ment-in the case supposed, on the Exc
| cutive and Legislature, and to argue
/ that such restraints are not necessary, i!
a begging of the question ; and a virtua
| admission that constitutions are uBneces
1 sary. In this paper the contrary is as
sumed also that all apparent defects shoulC
be remedied when practicable and tina
! the people should be thus wisely protect
ed from threatened dangers, lest in time;
of public commotion, political excitement t
and party strife, the evils break forth il
confusion, anarchy, and blood.
The particular day on which the legis
lative term should begin and end is o.
4 secondary Importance but | would sug
/ gcst the Tuesday next after the election
Ia this age OF mails and telegraphs ont
week would enable all necessary returns
to be made and the representatives las
| chosen should be the only ones thereaf
] ter to meet aud act
X. Oar Constitution should providt
different regulations for filing vacancie
in the Legislature.
Disclaiming all intention to cast re
fections on any person or party, it mus
1 be confessed our present Constitution doe
not work satisfactorily in this particular
! For example and illustration, take thr
Fourth Senatorial district in this city o
Philadelphia The Honorable Georg
| Coanell died in October, after the elec
lion of that month, thus creating va
cancy. This death was publicly known
at the time, and ever since, to every in
telligent person in the State and yet n
practical steps were taken towards fllini
the vacancy so created until the meetin!
Of the Legislature, more than two month
4 afterwards. AS a consequence, the peo
4. pie of cne fourth of your large city wer
unrepresented in the State Senate for
whole month, or one third Of an averag
session and the great principle of repub
(. lican representative government, SO far a
that district was concerned, were practi
cal IalIuTe.-
The same thing has occurred, and ma
again occur any day, in the House of Re
presentatives- There is no necessity o
reason for this deprivation of equal right:
at least none which cannot be remedie
by an amendment to our organic law, re
quiring the elections in such ceases to b
called by the Speaker of the Senate. Q
House, as the case may be, or as in othe
States, by the Governor, within fixe
number Of days after the decease of th
member, or the occurrence of the yacar
cy Ten days is suggested as reasonabl,
\ To wait until the meeting of the Legi:
lature to get Official notice of the deaf
or vacancy is sacrificing substance to form
and depriving the district of its rig htir
representation on a mere question OF ct
Quetta.