The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-06-27

try il anyone thinks there is lying around
loose q provision which would enable Con-
gress, or any other department of govern
ment, under the specious plan OF providing
for the general welfare, to act outside Of
the special grants of power enumerated in
the constitution. Our fathers were too
jealous Of their own and their posterity's
liberty to permit such thing as that to es-
cape their vigilence. 1t is q part of the
constitution itself that:
The powers not granted TO the United States
by the constitution nor prohibited by it to the
states. are reserved to the states respectively.
or to the people.
This article in the constitution is rem
dered stronger and man;fests the exceed
ceeding great care of our fathers in guard
ing their liberties by the article preceding
it:
The enumeration in the constitution of GER
tain rights shall not be construed to deny or
disparage others retained by the people.
This latter article in the constitution
owes its existence to the peculiar stand
taken by PATRICK HENRY in relation to
enumerated rights. What" said he in
the convention Of Virginia that had been
called to ratify the constitution in 1855
What is the inference, when you enumer-
ste the rights which you are to enjoy.
That those not enumerated are relin-
quished." We laugh at that idea now !;
we have out-grown such stuff; but in the
days OF the patriot who uttered il that was
the prevailing notion. 1t had been sup
posed for ages that the liberty OF men was
tied up in the hands of kings and that what
ever Of freedom was granted to the people
came through the graciousness OF This
majesty" Those rights which he per-
mitted to be enumerated, or was compelled
to enumerate, drew a line which marked
OF ali the liberty of his subject, and all
liberties not enumerated were still retained
in the hands of the monarch to be eked out
piece to the people at his own or his
successors good pleasure. That such
claim might never be erected within the
United States, this last article quoted was
inserted as the ninth amendment to the
constitution; and in connection with the
tenth already quoted--which
limits the powers OF the government to the
especial grants thereof in the constitution,
makes the idea that government may enact
measures and carry them out where there
is no warrant for such action in the consti
tuition, except that general welfare clause
in the preamble, appear extremely empiri-
cal, not to say foolish.
To say that the clause in question author
ICES the government under the plea of pro-
noting the general welfsre-to exercise
any power for which it shall not dnd spec
ial warrant in the body Of the constitution,
is to nullify the constitution and render it
worthless, and makes the unlimited will OF
the government-which is practically the
party iu power-the only measure of its
power and authority, and renders all guar
antees in the constitution worthless.
If such were the case we would be COM
PEELED to admit that no progress in the way
of securing liberty has been made, but
that on the contrary, We are standing just
where the generations Of men did who,
with humble smiles, believed that by some
process, not quite clear to them, kings had
been made the custodIans of, their freedom
and they must receive with gratitude what
ever they were pleased to accord them.
Out upon such doctrine. Whatever
powers are especially enumerated aud
granted to the general government by the
constitution the government may exercise,
anything outside Of that Is usurpation and
revolutionary. This being true. how can
be weak spot in the constitution