The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-12-10
The Great Case in Pennsylvania.

pennsylvania AT h3Sf P''"'
of the State Constitutional Con'eh'io" w
annoint commissioners to supcrlheho u'o
voting mon the question of The adoption OF
M Corsi;tu,ion framed by that body has been
ALREADY reported in the Dispatch. The con,
vcntion. a, our readers know, only appoih'eu
commissioners TO surcrintend the fols III
Philadelphia, for the reason. as everybody
understands, that huge frauds were antlcl
rated in that city on the part OF those VIM
wished to defeat the Constitution.
The Supreme Court, however, unah''
r,onslv decided that the Convention hao no
nov,r 70 appoint such commissioners, ana
they are enjoned against acting as SuPerih'
tendents OF the election. .,#
This decision has excited wldc-spr cad
establishment. since its effect is to place
convention Of the people secondary in dig
nifty and power 10 the Legislature. The 1911
of Rights of PcnnSy lvauia, and, rs We t'kc
il. of every other State. secures 10 lhc Peop'o
the right 10 reform and remodel their GOV
crnmcnt whenever they deem it proper 20
yania assumes that the action oil the Peep IL
in the highest form Of popular dellbcra'loh
in which they can, according TO the lns'ilu'
;ions of this country. actin convention as
s,mbled--uav be limited in its action by
the directions aud acts of the Legislature.
The cour. aSperses the Convention rs beng
inferior. as llsurpiug power, and as body
which may imperil popular rights, and with
"uuhaIlowed hands snatch the sacred fire
from the altar of popular authority"
such m idea is contrary to all precon-
cyivcd opinions, and that it should have
found unanimous approval i'll the S1'
irene Court OF Pennsylvania shows that
lis bench is composed Of persons whose
opinions are subordinated TO considerations
which should never soil the white garments
Of Ju>ticc.
The setting UP the Legislature as the pro-
terlor of the people from themselves When
assembled in their highest deliberatiVc con-
rCntion is absurd. the people elect both
bodies. The Convention can reform the
Constitution ; the Legislature cannot, nor can
it make law in contrarcnlion Of the Con-
stitu,ion and yet our Pennsylvania jurisrs
have claimed for the Legislature the supe-
rior dignity and power.
The wonder is what is the cause of this
new aud bctcrodoX doctrine pronounced
from high court in one Of the States: 1t
is inferred TO be q movement against Sc
ccssion-au attempt to take away power from
the pee pie. But do not the people elect the
Le.islaturcs The Legislature must obey
the people. aud so the putting the form OF
popular action byTGonrention subordinate
to the Legislature is but to change the rela-
ton OF bodies to one another. They both
derive their power from the people. and
this transposition will not place the pop.
ulir will any more in allegiance than it would
be placed in according to the relation the
whole country bad settled them to bear to
oAe another.
The decision of the court is against Law,
against reason, and against custom. 1t lrI-
fired the spirit of the sovereign people OF
PENNSYLVANIA. They have enough of the
old feeling Of popular independence TO be
indignant at the judgment which dcsrade>
their highest authority. And II Is apllc-
pltcd that they wiI show Il proper resent
ment at the approaching election by adopting
the Constitution with remarkable uuanmity.
This election takes place next Tuesday.
The Philadelphia Ledgcr. IL popular Jour
nu, which is not apt to take up the cause Of
minority amongst the people, has the fol-
lowing remarks upon the subject. We slls-
pect the Ledger speaks the sentiments OF
the people:
sBricilv stated, the foundation doctrine
of the opinion is this: Except by reyolu-
ton, the people Of the State of PcnnSylva-
nia have no power to alter or amend their
form of government except by permission
Of the Legislature. This doctrine pcrvades
the whole paper, and is the bottom principle
upon which the decree is based. In striv-
lug 10 exercise their Inherent power to
after OF amend their form OF government toy
,ctccable proceeding in convention, the poo
p!e are confined 10 whatever limitations, con-
G!;ionS, restrictions, terms, tic Legislature
may >,c tit to impose, cvcnalthough they may
utterly defeat the prime object the people had
III view i'll ordering convention ut all.
Ii this be law, then there i, vast gap
i'll The arlnor OF legal protection which the
people OF this Commonwealth have supposed
was thrown about them by their cherished
Declaration OF Rights Ii this in verify be
the law, it is not too soon Tor the people OF
the State 10 be made acquainted with it. I'm
welcome as the decree Uf the court will
prove 10 be, this will be is nothing COM
pared 10 the astounding message to the
people Of the State that their inherent
power their inalienable and indeteasibe
right lat all times to alter, reform, or
abolish their form of government by peace
able means Ia, been reduced to-whatever
the caprice OF the Legislature may see tit to
allow. In the light Of such judgment what
:! hollow mockery does that grand second
section Of the inviolable Bill OF Rights APP
pear to be-" T..