The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-21

SOiVeQ 10 deal generally with the queS-
ton of State governments, and resolved:
That it be recommended to the re-
spective assemblies and conventions OF
the United Colonies, where no govern
ment sufficient to the exigencies OF
their affairs hath been hitherto estab-
lished, to adopt such government as
shall, in the opinion of the representa-
tives of the people, best conduce 10
the happiness and safety of their con-
stituents in particular and America IN
general"
Of this resolution John Adams, who
drafted it, says: ''It was indeed on all
hands considered by men of under
standing as equivalent to a declaration
of independence. Ali the State con-
stitutions, adopted before the confeder-
alton, assumed a permanent union.
Connecticut, in continuing her Charter
in force, resolved s"that all the free IN
habitants of this or any other OF the
United States of America snall
enjoy the same justice and law WITHIN
this State" Delaware resolved that
all acts of Assembly in force in the
State on the 18th of May last tand not
hereby altered or contrary TO the reso-
luton of Congress') should continue
Georgia recited the resolution of Con-
gress of May 18th and referred 10 the
"independence of the United States OF
America" New Jersey refers TO the
Continental Congress as "the supreme
council of the American colonies,
North Carolina. Maryland and Pennsyi-
vania reserve the right of the state 10
regulate the internal government anu
police of the State.
These state governments were not
separate and distinct ventures, put
grew out of the union. The sovereignty
assumed by them was of local AFFAIRS
only. Except South Carolina. no state
suggested by a provision of its ccnstl-
tuition its. power, to treat with ahother
state or with foreign power
In these first state constitutions we
have the first systematic expressions OF
the American Republican form OF gov
ernment Bills of rights-largely re-
statements of former addresses to the
wa-accompanied most of them. The
most formida BILE objection to the const-
tuition of 1776 was the absence OF a Dill
of rights
In the bill of rights of Maryland we
find what may be taken as good gen
eral example It declared the people TO
be the source of government; govern
ment to be for the public good; officers
to be "the trustees of the public" that
the legislative, executive and judicial
functions should be Kept separate and
enumerated other special rights. Law
the expression of the will of free
bicameral form was adopted for the
supreme legislature in al the states
except Pennsylvania and South Caro-
lina-the first having but one branch
of the legislature, the latter three.
George Mason, writing in 1178, said OF
the organization of the state govern
ments: There is a remarkable same
ness in all the forms of government
throughout the American union, eN-
cent in the states of South Carolina
and Pennsylvania; the first having
three branches of legislature, and the
last only one; ali the other states have
two This difference having given gen
eral disgust. it is probable an alteratlon
viii take place to asslmlIate these 10
the constitutions of other states. In
nearly all the states greater perma-
nence was given to the upper branch
or senate In Maryland the term of
senator was five years; in New York
four years.
The origination of revenue OF
money bills was given in many OF
( the states to the lower branch. Mary
land makes a provision which should
/ have been embodied in the national
I constitution, that 1.-The house OF dele
gates shall not on any occasion OF
under any preteXt annex to or blend
with a money bill any matter, clause
lor thing not Immediately relating &c
and necessary for the imposing, assess
/ ing. levying or applying of taxes OF
! supplies to be raised for the support OF
/ the government or the current expense
! of the state An exact definition OF a
money bill is also given. Some other
general provisions as to the judging OF
/ the qualification and election of mem
bers. sitting upon adjournments, as &c
( impeachments, the canVaSsing of the
vote for governor by the general as
sembly, are also found. They are moi
always uniform, but they furnish II
some cases the suggestion and in other
cases almost the form afterwards
adopted in the national constitution
Most of the first state constitutions
provide for the selection of an eXecu-
! tive. generally styled governor, by the
Legislature, only a few by popular vote
In some of the states he was vested
with the power of veto. In Massachu
setts and New York the provisions OF
| the power for veto by the governor
the return of the message to the house
! in which it originated, the recOnSidera-
ton, two-thirds vote being necessary
for passage, and the time given the
/ governor for consideration, are almos
identical with those regarding the same
subject in the national constitution.
These state constitutions greatly in
| structed the members of the constitu
| tl0nal convention OF 1(of IN Inelr Work
They furnished an outline model of {
free representative government.
They were not creations. They were
largely the development and modifica
ton of principles and usages of thu
English constitution enlarged, defined
and modified by century and a hal
of American colonial experience Blu
the work of applying these principles
of organizing a government, without {
king or house of lords, deriving al
powers from the people, was a grea
task, and was admirably done.
When we contrast them with thu
articles of confederation we do no
wonder that the states became stronf
and the Union weak, Only the mos
resolute and the most obscure remained
in Congress.
Speaking Of the situation of Congress!
at this time Mr. McDIaster, in hi
History of the People of the United
States says: ''The stimulus derived
from the presence of a hostile army
was Withdrawn, and the representation
and attendance fell off fast. Delaware
and Georgia ceased to be represented
Neglected by its own mem
bers, insulted and threatened by it
mutinous troops, revi,ed by the press
and forced to wander from city to cit,
in search of an abiding place, its act
possessed no national Importance what
ever"