Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-03
THE PROGRESS OF GENERALIZATION.

THE PROGRESS OF GENERALIZATION.
Last week we discussed the considera-
tions regarding invasions of State SOW
ereignty by Congress, so ably set forth by
Justice Field in his dissenting opinion on
the constitutionality of the Thurman Act
The implications of the Supreme Court in
that case are, however, so broad and far
reaching, and in some respects affect the
Pacific coast so sensibly, that it is necessary
to examine them carefully and with some
patience and thoroughness For it must
be realized that in these decisions history
is being made, and the history of one of
the most important peoples on the earth
1t is upon the consequences of such final
determination of the Court of last resort
that the future character of the Govern
ment and institutions under which We live
must depend. And it is important to note
that the current OF judicial decision has
now for seventeen years been flowing in
one direction, and that the direction OF
such a Capitalization as the founders of the
republic assuredly never dreamed OF. In
the common phrase "the heresy of States
Rights may be seen the inevitable ex-
aggeration which popular Interpretation
gives to current governmental theories.
When the rights of the States were
held by a part of them to war
rant dissolution of the Union,
it was not considered sufficient to
deny that specific claim, but all mainten-
ance of any State rights whatever was de-
clared heretical, and from that time to
this the tendency to endow Congress and
the Federal Government generally with
new powers at the expense of the States,
has been growing steadily. The rude shock
which the rebellion gave to all pre-eXisting
constitutional theories has In fact never
been recovered from. The whole energies
of the North and West were then strained
to defend and keep together the Union,
and in doing this the motive for doing ii
came to be lost sight of, and that which
was originally but means to an end was
itself made the final object of attain
ment. The preservation of the Union was
sought because the security of the indi.
vidual States could be guaranteed in no
other way. 1t was, however, the
security of the individual States which was
the end primarily sought, and the defense
of the Union was only means to that end.
But by degrees this truth became obscured.
| The difficulties of the defense, the sacri-
fees required by it, tended to give it a
Fictitious Importance, and when the re-
bellion ended the rights of the States had
been almost forgotten, and the Federal
Government had been magnified out of all
true proportion From that time the
process of Capitalization has been going
on, with ever accelerating rapidity, until
now, when the Supreme Court declares that
it is competent to Congress not only to
violate its own contracts, but to nullify
the reserved powers which the States have
retained in their contracts with corpora
tions. That this is no exaggeration will be
seen. from reference to the California
Statute of 1864, granting certain powers
to the Central Pacific Railway. 1t is there
expressly stipulated that the company
"shall be subject to all the laws of the
estate concerning railroad and telegraph
lines" But this stipulation is made of
no effect by the ThurAEan Act, by which
law Congress has undertaken to assume
entire control of the Central Pacific Rail
way. Justice Fields understanding of the
effect of the ruling of the Court upon that
Act is as follows According to
tmy understanding of its scope and
"reach, the United States have only to
"make contract with a State corpora
ton, and loan to it, to GUST the iuris-
'diction of the State and place the corpo-
"ration under their direction When
the State Legislature, about to assemble,
attempts to regulate railroad matters with
in the State, it will be confronted by this
measure of Capitalization by which the
power of the State over its own creatures
is denied and abrogated. 1t is of course
evident that there cannot be a concurrent
and coextensive jurisdiction by Congress
and the State. No individual or corporation
can be equally amenable to two sovereign
powers Nor is there any doubt left on
this point, for the Supreme Court has
given the substance of power to Congress,
and left the shadow to the States.