The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-10

rules and regulations for the protection
and safety of persons or property
within its Jurisdiction, in short
to pass and put into execution all
laws that may be necessary for the ordin-
airy conduct of business, the daily life Of
the people, the safety of their property, and
the maintenance of personal freedom. 1t
may be observed that the punitive power
OF the state is vastly greater than that of
the nation, and deals with affairs of more
vital importance. For the power of Con-
gress covers chiefly the matters of revenue
and taxation for national purposes, the reg
ulation of commerce, the coming of money,
the postal service the army and navy, the
punishment of piracies and felonies COM
mltted on the high seas, and the establish
ment OF supreme court and inferior ones
for the adjudication of these cases. The
power OF the states covers such vital mat
tiers as murder, felony, arson, theft, rob-
berry, contracts, marriage and d.
vorce, police regulations of all sorts,
quarantine regulations and numerous
others that need not be mentioned. With
in this sphere, and it is very great one,
the states are sovereign, and the sentence
quoted above declares with truth that the
liberty of the people depends upon their
autonomy, upon their right to Iegislate for
themselves within the vast field Of action
that concerns only their own citizens
We have said that whatever else may be
disputed there is one propo ,ition that ad-
mits of no difference of opinion among
Democrats-the right of free community
to govern itself. BY strange faulty,
however, many have held and some Demo
Gratis have professionally admitted, that this
doctrine of Estate rights" has no applica-
ton to the territories. But all agree that
people of the territories may claim the
benefit of the guarantees of personal liberty
found in the constitution, and that the
territorial condition is merely preparatory
TO full participation in national affairs and
in local self government.
But though the states are sovereign
within the sphere of the vast powers above
indicated, yet they are limited in their &c
ton. The supreme law Of the land declares
that mo state shall deprive any person of
life, liberty or property without due pro-
cess of law, nor deny to any person within
laws" Liberty, as here used. is very
comprehensive term, and ''due process of
law signifies regular proceeding before
constituted judicial tribunal
1t was once believed by many, not only
that the states were sovereign within their
sphere, but that they could also Judge of
the validity of the acts of Congress. Nearly
century ago the Virginia Resolutions
declared the power of the federal govern
ment is limited by the plain sense
and intention of the constitution.
and that in case of a deliberate
palpable and dangerous exercise of other
powers not granted by the said compact,
the states, who are the parties thereto,
nave the right and are in duty bound to
lnterpose Tor arresting the progress of the
EVIL and Tor maintaining within their re-
spective limits the authorities. rights and
liberties appertaining to them" The Ken
lucky Resolutions passed at about the same
time, declared that a qualification by the
states of all unauthorized acts done under
color of the constitution is the riehtful
remedy.
These extreme views are 40 longer advo-
Gated. The federal government decides
| upon the extent and scope of its own
powers and the remedy is not notification
by the states, but reversal of that policy
| through elections, if the federal govern
ment has exceeded its powers, just the
same as the remedy for other evils in the
government.
| Thus, the much abused but little known
doctrine Of state rights turns out to mean
nothing more than that the states should
exercise those powers which belonged to
the states when the constitution was
formed, and have not by that instrument
been granted to the federal government or
prohibited to the states We have seen
that these powers are Of great extent and
of the utmost Importance. If the people
themselves cannot be trusted to exercise
these powers, no one can.
Democracy pins its faith to the people in
this as in other respects 1t leaves the
power in their hands and they are then re-
sponsble for its exercise. The govern
ment will thus be as good as the people
choose to make it, and no government can be
better than the people composing it. I'm
less the people are honest and make the
government correspond, it will necessarily
be bad, and there will never be found an
unselfish few that will labor very long in
their interest if they themselves are neg
| lectful of it.