The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-03-03
STATE CONSTITUTIONS.


STATE CONSTITUTIONS.
ARTICLE CONGRATULATIONS or RisHTs.
After the preamble or enaeting clause In
state con situations ~ usually adopted fol-
lows aThe Bill or Declaration Of Rights.
In order TO obtain correct idea OF The
necessity Of the provisions usually con
tanned in such bill OF rights IL may be
well 70 consider briefly the causes that
led 70 their adoption.
s.The struggle between liberty and
authority" says John smart NH, as the
moot conspicuous feature IN the portion Of
history with which we are earliest farnii-
lar = ~ liberty Was meant protectseq
against the tyrrany OF the political rulers.
There seemed 90 exist q natural aEEago-1-
Ism between ruiess and ruled necessstating
continued contests between the two. The
governing power down 10 comparatively
recent time as almost universally regard
ed as power not depending In any sense
upon The consent Of the governed. bat
upon It's capacity 70 maintain Itself By
force The aim 81 patriots and lovers Of
liberty, therefore. was 10 restrict the powers
Of TIE ruler. This was attemptet in two
ways First by obtaining recognition of
eersaa immunaities called political Igber-
tics or rights, which IL was 10 be regarded
breach of duty la the ruier 10 infringe. and
which ii he did infringe, specific resistance
or general rebellion was held 10 be jtissi-
fed 4 second and generally later expedient
was the establishment of constitutional
checks. by which he consent of the com
manisy. or of . body OF some sort supposed
20 represent is Interests was male neees-
sary condition TO some OF the more i'm
poftani sets OF the governing power. To
i the lirst Of these modes OF limitation, the
{ ruliug power IN Taost European countries
gas compelled 10 submit. The attainment
Z % the second has been slow and tedious.
/ a nd the growth OF the idea is well exem-
pIIsisd Ia the English constitution. Tn
like oar own constitution the constitution
nf England has never been formulated and
reduced 20 an organic law. IL consists,
/ however. OF = series Of suactments adopted
, rs the sovereign power at dIifereat times
granting 10 the people certain rigsits AMI
I liberties. These eaaCtments caser period
OF ssfne extending over several centuries.
/ Al different periods. however, IN the
! past theory government totally OPP
posed 60 that which we have been eensid.
ersag prevailed for limited periods. The
/ experiment was tried of making the gov
eminent emsnate directly from the people.
and OF snak ing the officers OF the govern
rnent responsible directly 10 TIE people.
{ The republics OF ancient times in which
this theory eas tried were. however, of
comparatively short duration. aud II was
not unsIi tho organization 81 the govern
meni of ths United states under The con
stitution that n democratic requisite OF
strength and stability was established. Il
- nos als.lenit to comprehend ftas prior
"a The establishment Of this government st
was not deemed practicable OF possible 10
identity the sniess eith the people aud to
make the Interest of the one che interest Of
the other The theory existed. 70 be sure.
r. kind OF philosophical notion. reason
able enough 10 speculate upon. hat Of no
salae - bass Of government At the
time. moreover, when such a government
had It's existence in theory only II might
have seemed absurd 4, speak OF hraiiing
tsa power Of n purely representative and
democrats government II the people
wire also the government. acting through
the representatives who were elected hy
aud answefahie 81 them, 81 what good
would & b to impose restrictions II would
las ike protecting the peeple xsfnst their
ewu aets, watch would certainly seem 10
be sapeflsugssS. hut, rs has been well
said, ''saeeeSs Ia political ard philosophi.
cal ssseaztes as wish As in persons, diselases
faults aad iafFnitics which failure might
have eoaesalsd from ehssFy stien The
saeesssfai trial If the theory 81 popular
WuYefnsaeut upon the most liberal scale
has CLEARLY demonstrated hat So govern
lsienf Of tass kind the wlil % the people
practically means the will ofths most mum
sgeas. ar the mast active part 81 the people
and tartass that the people consequently
may desire 10 Cypress part Of tlelr number.
aud hat precautions are IS maea needed
against this as sealnst any other sb,sse 81
power The tyrsany 81 Che majority Is as
much - 20 dreaded ia some ways So
tyranny 81 any other Hind. aad should 10
that extent be guarded against Taers is =
limis 10 The legitimate interference Of col.
leetise opinion wifh Individual iaslepehd
easss. saai 80 gina thkf limit aud maintain
Il against encFeaghmeus Is as indlspsuSs,
bio ~ gooa government a. protection
against political despctlsas. There are eez-
tain rights arrsgtsiegng "a sAe individual
50 his relations % shv state Of wases ass
sfiy kasFa against aay sncroaoh nssat Euon
freedom et eplaian aud Individual rights.
and also 10 secat 90 al tAe pcopsc certain
rgiSsieges sns tfAmun!tigs aeSaas<l tSSes,
tlAl % the public wslfAFs. tAsi neelssatlasS
es RIGHTS srv aavaTsAhiy Incorporated in
state constitutions. sud rcaGe pzyt Of TIE
eTgaatc law
As originally adopted the eaass&tailag 81
sAe Unitesi states Contained 40 necEGsAsiaa
ot Raxhts. hss 50 Jealous we're TIE people
II their Individual ltasesfy that A. she ars8
sssSsaa - congress Il amendments "a tAa
esssss'iEaEloa were rraHosrsl. 81 whteA u
were adopted, Thsss ts amendments are
ia ss'Set Declaration q Ksshtx Ta1y
ses'asv - tae peoRle. ksgioRS ether shlags.
the ire vxssylss 90 religious belief. shg,
tFeSsseszs 81 tae press kaa - saxczh. he
rich; e reaessaly SsSenas.fnx. tie FtSAt -
iasisiSia militia teesse. isarsaasfy fgsgs
disturbance ia their haszes. tie sisas as
ig'Al ~ iaTy, aai oiAsr rights fa eases a.
criminal prosecution.
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ahai "a sses&si. eaE are seFe s&aga, r.
sa<sr essential Fssslr7sl&ss> Tsse tesarv
tAss 81 political gssuus II Easeeeas Ga ss.a
E~ssnse = xefx xxssersiSy * Fsysssss sssss sss
ssss&s5Ess& fae ehsscs ~ Soxexa sazas s.ft
iessh sud he rights ~ tae pees1e IS -
tesn s. 81 sAe iAassasse ~ VIZ eaas8stts
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