The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1891-12-05

on the Jurisdiction Of the Senate Session
Extraordinary,

At least, If In nothing else, and that is that
Il is a weary and discouraging task, atthis
stage Of the discussion, for any lawyer, no
matter how learned and eminent he may
be, to attempt to throw any new light up
on the question Of the jurisdiction of this
body to pass upon the subject matter which
his Excelency . 7theI Governor Of the
Commonwealth has submitted in his
message for its consideration. This is
surely true upon the side Of the accused
officials. A most formidable array of the
most able, learned and distinguished con-
stitutional lawyers (the very best that
money could emploY) have consumed days
in solely arguing that question before the
Senate. The aid of history and jursprud- .
ence, ancient and modern, has been freely
invoked to shed the most lustrous and
fascinating light upon the question at
issue, in such a manner as TO produce such
intellectual effects, as only great learning
and'thc highest order Of magnetic genius
can produce. For myself am free to say
that the arguments have been not only in
teresting but instructive. This vast
volume Of eloquence and learning is
chiefly concentrated upon a common point,
TO wit:-that the concluding sentence Of
section four Of article of the Constitution
of Pennsylvania, does not mean what it
says, but that II should be 50 construed
by the Senate as to mean the contrary TO
what nearly all men have hitherto under
stood It to mean. When l said NEARLY
all men, l intended to include therein
the Senate Of Pennsylvania, the Supreme
Court Of Pennsylvania, as well as pro-
fessional men, business men and wage
earners.
What do the people of this Common
wealth in general say, they contend as
/ .l..s.. .U.I 4 a 4.
remedy for misbehavior in Office or crime,
there Is no speedy way to save the State or
yindicate its honor. If for example, the
State Treasurer be a Bardsley and the
treasury in danger Of wreck, or II he be q
forger, felon, or guilty of disgraceful
crime, the Commonwealth must suffer ir
fortune and honor until the slow, tedious,
cumbrous process of impeachment ends In
conviction, sentence and removal. Bus
the convention of lS72-73, composed Of
the most able men in the State, did not
leaye the people in this remedies, ruin
Gus condition. The Constitution, when
read Alright, leaves the people free from
predicament.
Elected officers with the exceptions
named) "shall be removed by the Cover
nor for reasonable cause after due notice
and full hearing on address of two-thirds
of the Senate.
| The position taken by the eminent counsel
that the remedy by address applies to no
| impeachable or .indictable offense Is an
emasculaton Of the letter and the spirit of
| the Constitution, and takes from the peo-
pie the power Of removal when circum-
stances imperatiYely demand its immediate
exercise. Neither the history of the
clause, its purpose, nor the welfare Of the
people will justify such construction of
the plain language and the important pur-
pose of our organic law.
The Constitution of 1874 is but a step
forward, from old methods to new ones, in
the grand march of progressive civiliza-
| tion.
1t provides that all elected officers with
the exceptions namedi shall be removed
on the address of one branch of the
| Legislature.
Machavelll declared that "nothing is
more important to the stability OF the state
than that facility should be given Wy its
constitution for the taccusaton of those
who are supposed to haye committed any
public wrong" 1t was this which our
| Constitution meant to secure by means of
address. The processes of impeachment,
like those of amendment are ponderous
and difficult to handle. 1t requires some-
thing like passion to put them in motion
andlnothing short of the grossest offenses
| against the plain law of the land will
suffice to give them speed and effectiveness
Indignation so great as to overgrow party
interest may secure conviction; nothing
less can. Besides, great crimes such as
might speed, even impeachment, are not
ordinary things in the loosest service.
1t Is earnestly contended by the learned
counsel for the accused, that His Ex.
cellencY the Governor had no authority to
convene the Senate for the consideration
of such matters as he has laid before them
in his message. Article 4, section 2, in
broad, general terms defines his duties
Ii reads as follows: 1.-THE supreme ex-
ecutive power shall be vested in the
Governor, who shall take care that the
laws be faithfully executed" He is sworn
to do this, and yet it is insisted that the
Constitution gives him practically nc
power to do it. He called the Senate to,
gether in extraordinary session to inquire
into the ineffieiency and mismanagemenl
OF certain State officials, who have openly
confessed that they did not faithfully
execute the laws.
The investigation of the Senate has de.
veloped a very unpleasant and painful
story of the manner in which the public
business has beeu managed, and the sole
plea in mitigation which can be urged is
after all, not a valid one-that usage had
sanctioned law methods. and that abuses
If they existed were not new.
In the course of his very able argument
Mr.. Shapley eloquently insisted that If the
Senate should decide that 1t had iurisdic
ton of the case before it, under the Con
stituton, it would be turning back the
hand OH the dial of time at least one hund
red years. What a fearful reflection
Hear what PennsYlvania's great Chic
Justice Gibson said about the difficulty o
convincing men Of the truth. He said
ut is wonderful how slowly the mos
obvious truths are perceived and admitted
The plain and simple morality of tn,
gospel required a revelation"
1t has also been argued by the eminen
counsellors that the Constitution shoulC
be strictly construed, beg to remind TIN
learned gentlemen that the Supreme
Court of Pennsylvania differs with then
, on that point as well as on some other
which have pointed out.
, Constitutions which define the principle
and fix the basis Of free government ar
generally written with the greatest car
and simplicity of language, in order tina
plain people NAV make no mistake as L
their true meaning and purport. Whei
r Constitutions are so framed the masses o
7 the people are quite as capable as lawyer
of understanding their intendment ant
( effect. Lawyers may dispute and court
} may render conflicting opinions upol
Intricate and hastily drawn statutes; bu
! there is rarely such controversy over thJ
plain provisions Of the organic law.
But this is not all A fearful tale Of wo
has been invoked by the learned counse
for the accused, because the Governor ant
the Senators are not acting under tn
solemnity of a special oath: 81 d
solemnly swear Tor affirm that l will sup
Q port, obey and defend the Constitution o
the United States, and the Constitution o
this Commonwealth, and that / will dis
q charge the dnties of my Office with fidelity
+ II is idle TO say that if this oath will not in
i duce us to do justice and right in the per
formance of our duties, then no other oat
will or can.
II Mr.. Sulzberger 1.-THE most metaphysi
I cal oflawyer) should feel like explainin
away the force and effect of this oath,
merely suggest that be shall do II in tn
magnitied light Of a universal understand
ing. technical reply or answer has a
ready been suggested.
Mr.. President and Senators, the peopi
OF this Commonwealth will watch the pTC
! ceedings of the Senate with eNtraordlnar
!, Interest. No ostrich policy Of concea
ment, nor any refined technlcaltY as {
Jurisdiction, can be adopted bY the Senat
! without subjecting II 70 universal cor
: demnation.
Z
. WIN You DoItI