Year: 1869

the Union, a republican form of govern.
nsent. The right of suffrage is funda-
mental to republics"


We have no power over this question.
II belongs to the people, although a
technical reading of the Federal Consti-
tuition on the subject of amendment
seems to indicate that we have the pow
er that really 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 confined to those matters over
which control has been vested by the
people in the Federal and State govern
ments.


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 grantedby
them to either the Federal or the State
| government, cannot be taken from
them, nor can the rights of Il minority
of the States be taken away by the ma
jority, when the right invaded has nev.
or been within the control of the Feder-
al Government. If this attribute of
sovereignty can be taken from us by
Congress and the Legislature then liber-
ty of the press and trial by jury can in
like manner be swept away, and it is
within the power of amendment to ere
ate an established church and connect
Church and State.


The exercise of this power by the
Legislature, ,rithout the consent of the
people, is not am endment, IL is rerOlution.
A further consideration of the struct-
ure of our government and of the pow
ers granted 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 in violation
thereof are void. AS an Independent
body, every attempt on its part to inter-
fere with the right of suffrage, or to
change the rule thereof, is of no effect.
1t may register the public will, but it
can never act with power upon a sub.
ject beyond It's control. The Constitu-
tion Of the United States is q part of
the constitution of Pennsylvania, and
the constitution of Pennsylvania is a 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 purposes of this report consider
it to be supreme in its control OF doubt
full and concurrent powers, yet beyond
these wide fields and outside of the
range of its authority, is found the con-
troll of this important subject. 1t is
reserved to the States, or the people. 1t
is part of the State constitution, and
in that respect the provisions thereof are
the supreme law. Being neither an
enumerated, concurrent, nor a doubt
ful power under the Federal constitu-
tion its control manifestly is in the
State or the people. This amendment
would be futile If the subject of it were
not beyond the pale of Federal author
ity. No one will argue that its control
is in the State legislature, if the provis-
ions 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 ii is, then the
Int ttIti Ia hn los.
upon this subject, is made inferior to
the power Of the state legislature, and
they may by amendment override 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 subject is, that this right is one
that belongs to the people and can only
be affected or controlled by them.


If by the vote of the legislatures of
three-fourths of the States this amend
mcnt be ratified, and by tho action of
our State it 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
result as this was never contemplated |
by the trainers Of the government.


fit had ever been supposed t9exist,
the Federal Constitution would never \
have been ratified.


For these reasons we conclude that |
sovereignty upon this subject is reserv-
ed 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 con-
suited in its change. We cannot err in
going to them for instructions.


The Legislature was elected upon 9TH
er issues; one political party n the late
election maintained that "rhe question
of suffrage in all the loya' States prop
erly belongs to the people of those
states" whilst the position OF the other
has uniformly been, that the people of
the states are possessed ofall 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 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 1t
is the far graver question, shall the peo-
pie be deprived Of their right TO pass
upon the question of its ratification Or