The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-31
DOESN'T LIKE FACTS
Mr. Cummings Takes Exception
to Herald Statements.
VERY LIKE A REPUBLICAN
However, The Herald is Always Fair, and
Prints What the Gentleman
Has to Say.
To the Editor of THE HERALD.

| Inc treatment extended to Hon John
Henry Smith and myself in your issue of
this morning is unfair. That gentleman is
out OF the city at present, but in my own
oehalf ask leave to state my position cor
rectly, the HERALD no having done so, in
Its editorial comments on the communica-
ton signed by Mr.. Smith and myself.
do not believe that 'any citizen may appealn
TO The national government" when he
has been wronged and the state does not
afford what he judges (perhaps rightly to
De sufnclent protection" Only by dis
toruon OF the meaning of that communica-
tlon can 1t be held to advance such an idea
Ihls would mean that every person whose
grievances had not been adjusted to his
satisfaction by the officers of state. could
appeal to those of the United States The
aosurdity of this idea is as apparent to me
as to any Democrat
MY position is this: There exists upon
the American continent, great and glor-
lous sovereignty, known as the United
states government, one of whose specific
powers and duties is to preserve a repub-
Acan form OF government in each and every
state OF the American Union. While the
machinery OF republican form of govern
ment continues in orderly operation in n
state, IN the manner contemplated by the
constitution, the general government oupht
not 10 interfere. But when the methods
OF essence OF republican form of govern
lnent are abolished or suspended in a state
| the general government should promDtlv
exercise its authority to restore what NAV
ne lacking to complete the republican sys-
tenn of rule.
In other words, while Republican insti-
| Iulons are maintained and enforced in a
state, there should be no interference in
local affairs by the general government;
put when they are not, there should be.
IL uoes not matter whether the disap-
pearance OF Republican institutions is a
result OF slow growth, or of conditions sud
oenly introduced; whether it is caused by
moooratic uprising of the populace. or
Inc corrupt connivance or direliction of
onclals, such disappearance calls for re-
stofauVe action on the part of the general
government
The theory of the American system is
thet the central government which has
oeen established over all the state. will
Keep watch and ward over them, and see to
IL that Republican institutions are pre-
served and perpetuated in each, and that if
| Will promptly exert its power in any state
TO restore therein the forms and methods
OF government which ought to prevail
Upon this point Judge Cooley, in speaking
OF the power of the people, says:
III must not abolish the Republican form
Oh government, since such an act would be
Revolutionary IN its character, and would
call for and demand direct intervention on
the part of the government of the United
States. Cooley on Constitutional Limitd-
tiOns.
In further support of my views of the
supremacy OF the central government,
and OF its absolute and uncomfortable
power over certain Subjects l quote again
from the same author and work:
I'm American constitutional law, however.
there Is division Of the powers OF sover-
eighty between the national and state gov
erments by subjects; the former being
possessed OF supreme, absolute and uncon-
trolaole power over certain subjects
throughout all the states and territories,
while the latter have the like complete
power within their respective territorial
limits, over other subjects. In regard to
certain other subjects. the states possess
powers OF regulation which are not sover-
elgn powers, lnasmuch as they are liable
to be controlled or for the time being 10
become altogether dormant, by the exercise
OF a power vested IN the general govern
ment IN respect to the same subjects
The foregoing abstract propositions
could not be successfully, probably would
not be at all resisted by an intelligent
Democrat. He would, however, be likely
to object to the practical application OF
them which a Republican would make
The latter would hold, were he consistent
with Republican principles, tina the Nor
mon episode in Missouri was characterized
by such suspension of Republican forms
CT government as required interference by
the National authority. If it was not, such
a suspension can never happen. Trial by
jury and habeas corpus were abolished
the judiciary was functuS OfictO, and the
governor seized the powers of the dictator,
and peremptorally ordered mob, organ
lied by him into militia for the occasion.
and without legislative authority, to ex-
terminate from the state numerous class
of its inhabitants.
In its editorial of the 9th inst, which
called forth the communication from Mr..
Smith and myself, speaking of Van
Buren's reply when appealed to by Nor
mons for redress, THE HERALD referred to
1t as good Democratic doctrine" In its
article OF this morning THE HERALD saws:
1--WE Mormons are not told that this, Van
Buren's answer, is good Democratic doc
trlne, but we are told that il is good con-
stltutlonal law" 1t thus appears that
something which is good constitutional
law' is not good Democratic doctrine.n I
can understand this, for | have long be-
lleved that Democratic doctrine condicted
derstand from its utterances whether The
HERALD endorses Van Buren's position or
not.
Where republican institutions are main
tanned, there liberty is perpetuated The
constitution does not say that tue people
shall guarantee TO each state a republican
form OF government, but il says that the
general government shall do this There
fore, it is the general government which
perpetuates the liberty of the citizen. If a
state preserves republican form of gov
eminent, the presumption is that it does
sc because-for one reason at least-the
general government would not permit it to
do otherwise. Thus, by another syllogism,
is shown the great underlying truth of the
American system, that the central govern
ment is the means the people have created
for protecting their own liberties. Very
respectfully, B. f. CUMMINGS. JR.
MR.. COOLEY ooRRECTs MR.. CUMMINGS.
In order to put this question at rest. we
here print almost complete chapter from
''Cooley's Principles of Constitutional
Law" showing what is meant by the
! phrase republican form of government
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