Year: 1864

OF Tue session. anu OuIE because tue out
going Senator's term expires al the Octo-
Der election is new Speaker elected.


There is another point to which ask
the attention of the Senate. How and
where do we find the expiration of the
term of each house? Sirs, the Constitu-
ton provides that the people at the polls
shall end your existence. Your co-ordiL
nate branch, the House, meet the people
annually at the October election and there
they surrender their powers 10 them.-
And, sirs, we here too have our powers
defined and our time limited. Two-lhirds
of the members Of the Senate hold over,
while the terms of Office of the remaining
third OF the Senators expire on the second
Tuesday Of October, and the Speaker that
is elected by the preceding Senate, being
a Senator who holds over, comes to the
chair at the incoming session. Then
comes with the records Of his Office the
Secretary of the Commonwealth, and he
brings to the bar of the Senate and to the
man in the chair, the official notification
that the people have said his dutes are at
an end. Sir, when the Secretary of the
Commonwealth comes to the bar of the
Senate with the certificates Of the election
of eleven new Senators, there is anew eIc-
ment in this body, and the man in the
chair has official notification under the
Constitution of the Commonwealth that
his duties are ended; and practice, prece-
dent and law require that he should leave
the chair. In the past he has always
left it, bat now we find a Speaker attempt
ing to rotain it, sustained by the Senator
from Philadelphia and the name Of usur-
per given to him with congratulation.


Sirs, the doctrine of perpetual organi-
zation is contrary to the gonious of our in
stitutions. Sirs, that "the king never
dies" is not the doctrine of D republican
government; and, sirs, that the creature
of the people made under the forms of
law lasts forever is not the doctrine of a
Republican government. ask gentlemen
if they know whittier they are tending; ]
ask them whether they are not becoming
aristocratic in their tendencies whether
this doctrine that the Speaker never dies
is not very nearly parallel with the doc.
trine that the King never dies. Sirs, we
have always a Senate composed of AT least
two-thirds of the entire number; and
whether the chair be vacant 10y reason of
the death of the Governor and of
the Speaker of the Senate, or because OF
a failure on the part Of the Senate ia
elect, amounts to nothing. The right OF
sovereignty in this government rests not
in the creatures of the Constitution, but
rests in the people. They have here a
body chosen for the purpose and vested
with full power to fill the place.


The precedent of 1888 that was cited the
other day by the Senator from Lycoming
if of any value to Senators, they are vel
come to it. Sirs, when you set up the at.
tempt Of one branch OF this Legislature &c
hold its position against the pressed will
Of the people at the ballot box as a prece
dent, you sustain the assertion that you
are for revolution you assume that the
'Buckshot war" gives to you a precedent
Srs, if You take anything by the prece
dent OF 1898, we concede it. We deny
the value of the precedent. 1t was at Z


time when designing men had worked
revolution in the State it was at a tint
when the party in power sought to hoIC


it against the will Of the people; and onl,
after continued, determined and energet


ic action on the part Of the regularly cleo
ted representatives Of the people wer


they compelled to yield to that will
Sirs the Speaker Of the Senate. does no
live forever. lie lives under the Consti


tuition from January, 1868, to January


1864. Then official notice comes TO hin


that his duties have ceased, that there ar


in this body eleven men who were not il


1t before, and who under the ConSututlo


of Pennsylvania are entitled to vote 70


the Speaker OF their choice.


This is our position, and by it we wi


stand. If, in sustaining these doctrine


we shall incur odium. as Is said, in God


name let it come. If in standing frml


erect in support Of the right and in d,


fence Of the principles of law and orde
odium do come, we will gladly receive j
We arc standing upon the battlements {
the Constitution entrenohed by principI
: and precedent, and feel that we do bJ
perform our duty and preserve our ofici
oaths inviolate.


Mr.. CoNNELL. desire to ask the Ser
ator from Clearfeld a question whethe
any act passed by the present Legislator.
and attested by John P. Penney, tn
Speaker of the Senate, and approved b
= the Goyernor would not no hold To be