The representative. [volume] (St. Paul, Minn.) 1893-1901, 1894-07-11
UNFORTUNATE.
A Question of Constitutional Law.
A Grave Issue Raised at a PerilOus
Time.

1t is one of the most unfortunate
ances. in Illinois and Colorado, that
question has arisen, of the right of the
national government to interfere in
the affairs Of these states. Great
events generally move upon the lines
OF legal or constitutional principles.
We should have had no civil war, in
1861, if the South had not believed
that state had the right to withdraw
from the union, into which it had
voluntarily entered. 1t was for this
principle that Lee and Jackson bat
tied. The war decided that the nation
was to be perpetual; and that the con-
tracing parties had no right to dis
solve the contract. Many, from this
clear proposition, leaped to much
more radical and dangerous conclu-
sion, to wit:-that the war had ended
| all state-rightS, and that the central
government was supreme in every re-
spect.
1t has been the distinguishing honor
OF the Democratic party. since the
days of Jefferson, that it has always
fought for the doctrine of local self
government, and against the central
ization of imperial power in the ma
tion. 1t needs no argument to con-
vince the plain, honest man, that the
nearer he can keep government to his
doorstep the safer it will be for him.
He is rarely plundered in township af-
fairs, to which he attends himself;
but as soon as he elects county COM
| miSSiOnerS he finds the government re-
moved twenty miles away, and many
evils creep in. But when he elects his
senators and representatives. to 60 off
one hundred miles, to make laws for
him, the corruption, the frauds, the
responsibility increase with every
mile Of diStance;-and when his con-
gressmen go thousand miles away he
has lost all control of them, and has
only faint glimpses of what they are
doing. Hence the fathers of the gov
ernment made this anion of sorereign
states, and gave the nation only certain
clearly defined and limited powers
Hence they put it into the constitu-
tion, as an amendment in 1889, Art.
NJ
"The powers not delegated to the
United States by the constitution, nor
prohibited by it to the states, are re-
se,red to the states, Tespectirely or to the
people,"
That is to say, the general govern
ment should have no powers but those
clearly conferred upon it by the con-
stitution; and everything else remain
ed in the haQds of the several states
or the people thereof.
Hence too the constitution provides
Cart. 1, Sec. s., that the national gov
ernment shall not build a fort,
magazine, arsenal or dock-yard in any
state, unless the Legislature of the
state first consents. And in order
| that the people of the states should
always be prepared to resist epcroach-
ments on their liberties, the constitu-
| tion declared, (Art. IL, Amend. 1889. J
A well regulated militia being neces-
sary to the security of free state, the
right of the people to keep and bear
arms shall not be infringed" That is
to say, the whole people should be
armed to defend their rights.
And the constitution further pro-
vides that the national government
should execute the laws by "cazling
forth the militia, to suppress insurrec-
tion and repeal invasion;" and when
so called out the states should appoint the
| officers; SO that the militia c6uld not be
turned against the liberties of the
people.
And in Art. ~, Sec. ", we have
this most significant provision:
"The United States shall guarantee
to every state in the Union Republi-
can form of government; and shall
protect each of them against invasion,
and, on application ofthe Legislature, on of
the ETecutire, (when the Legislature
cannot be convened), against domestic
riolence."
Here we perceive that the trainers
of our government intended that state
| lines should be sacred; and that the
| general government should never cross
them, unless requested SO to do by the
Legislature. It does not say cor by
the governor if the Legislature is not
in session." but TOR" by the governor
# the Legislature cannot be conrened.'' -
Clearly showing that the troops of the
nation should not enter state unlees
the people of the state through their
law-making power, asked them to do
so.
Now read the following, with these
fundamental, constitutional principles
! in view:
Gov. Altgeld Of Illinois wrote let
ter to President Cleveland protesting
against the sending of national troops
into Illinois, without any request first
made by him, as to the executive by
the state. He said:
So far as have been advised the local
| officials have been able to handle the situa.
| ton. But If any assistance were needed
the state stood ready to furnish 100 men TO,
every man required and stood ready to dc
so at moments notice Notwithstandine
| these facts, the federal government has
been applied to by men who had political
and selfish motives for wanting to ignore
| the state government. We have lust gone
| through long coal strike more extensiveI,
here than in any other state, because OH,
soft coal field is larger than that of aTI
other state. We have now had ten days OF
the railroad strike, and We have promptly
officials needed it. = = AS governor OF
the state 2f Illinois I protest against this
and ask the immediate withdrawal of tbt