Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-02-09

says:
propose to maintain that the Unite
States II a nation: that as a nation
possesses every sovereign power not NJ
served In It's Constitution 20 the State
or the people.
Mr. President, the power 10 dem
and punish crime. a part OF the sover
eign police power II nowhere In tn
| Constitution reserved To the states
Therefore. according to the logic " tn
senator. the SUITES do not possess tina
power. The sovereign power Of emf
nent domain Il nowhere IN the constl
tuition reserved 70 the States. There
fore. the States 10 not possess II. tn
| power 10 crentc corporations rccor
nizcd an the exercise Of a sovereign
power. IL nowhere In the Constitution
reserved 20 the States. Therefore thu
states do not posseas II. 80 the prupu
sltion of the senator Is reduced To alb
surdlty.
Thc senator from Connecticut afllrm'
that this u n nation. that V u pos
HcsHcd OF plcnnry and absolute DOW
or especially NJ relates to All IL In
tcrnational relations and 10 the terri
tories which may become subject to Us
| Jurisdiction.
| Air. President. what " this thlng
which the senator calls q nation. which
he 80 idoiizea ana cxaltaf II W not
I
/ ing to his proposition. constitute no
part Of IT, They ppsscss onli such
| crumbs of power AZ may be reserved TO
them expressly In the Constitution IT.
rcif.
u II the President. the Executive.
/ who Il the nutocrutic possesrnf u this
uncontrolled and uncomfortable au-
thoflty; or are we. tho individuals who
compose the Congress % the United
States. the more than Forty Tymnts
whose crown ~ 10 be placed upon
long pole with the command that the
people az they pass BY must fall down
and worship ~
Mr.. President. II II not In the nature
or essence OF our Institutions. end II Il
nm impossible conception. that this Eov.
eminent. Ia any part OF its Internal
structure and administration. can be-
nt all one OF nhsolutlsm OF a demon
OF competence TO stalk forth anywhere.
either IN State or Territory, TO cypress
or destroy.
II Is claimed by the senator from
Connecticut and reiterated By the soma.
tor from Massachusetts tMr. LODGE.
that the Constitution II not operative
except within the limits OF boundaries
OF the states. and that II can only be
made To extend, and does extend.
60 the Territories. under ana by virtue
Of an act Of Congress. The senator from
Massachusetts, ,Mf. Lodgc) uses this
langunEci
believe that the power Of the
United States IN any Territory or pos
session outside the limits OF the states
themselves IL absolute. with the single
exception Of the limitation placed upon
such outside posscHhiOns by the thir-
tcenth amendment. Such. at all events.
has been the policy Of the United
States and It's course OF action Ia
practice.
Secondly. he says;
without legislative act the Con.
ntitution does not extend 10 the Ter.
titorics or other poracrsions OF the
United States outside the limits Of the
States themselves.
refer to this In order TO make cx-
animation OF u 60 soc whether there 10
any proper foundation for these nnacr-
lions n u were true that the connti-
tuition Of the United States In not opcr-
alive at all beyond the limits Of q
State, II proves too much for the pur.
pose Of these who assert II. n the mo.
incnt you step outside Of state thu
Constitution ceases to be-. ~ "a noncn-
uty, IL not 20 be referred Ia. because
u " not vital and living force there.
what follower The "a individuals who
constitute the Congress OF the United
states. the man who may occupy the
Presidential chair. ~ once cease 60
be clothed with any official character or
possessed OF any power whatsoever.
crnmcnt, either the Executive. tho
judicial. or the legislative, can oXrr-
ciae authority anywhere. either In the
States or the Territories. except under
aud by virtue ~ the Constitution.
Strike away tho Constitution aud they
nrc cmasculatcd ~ all authority. They
can not take any authoritative step
anywhere. They are possessed Of no
more power than that which pertains
To every private individual.
Mr President. II may be that the
Constitution In some OF It's provisions
u not rvli.eNecuting, hut that II no less
true IN "A Territory than In u state. tn-
I'll Congress has provided for tribunals
inferior 10 the supreme Court ana
clothed them with Jurisdiction TO en-
force rights and 10 redress wrongs. the
Inhabitants OF the state whore there
has been violation Of any OF the fun
damuntm rights secured 20 them by
virtue ~ the Constitution may be with.
out opportunity or means OF redress;
u II possible they may be imprisoned
often unlawfully, without due procea.
OF law, aud he without the remedy Of
the writ OF habeas corpus. but In tho
meantime, until Congress has pcrform-
cd the duty dovolvod upon II by the
Constitution aud created such tfibu-
mails and clothed them with the necos-
nnry JurlHdiction. are those rights
Certainly not. II they are
infringed. u IA "a violation OF righti and
" for the time belns there IL no trihu-
mai competent 10 grant redress, as soon
an such tribunal IL created aud clothed
with the necessary power, the indlyid-
ual whose right II infringed may 80
Into court ana seek the form ~ redress
which may then be competent,
MI, Mason WIN the senator yield
for "A question:
The President pro temporc. Does the
senator from Utah yield TO the senator
from illinois1
Mr.. l,awlinr. | yield.
MI, Mason. Has the senator discussed
at all the statute which covers, or
evidently was Intended 20 cover, the
suggestion he has been mnkingf fec-
tion lY,7 of the revised statutes pros
V:deH that
Al persons-
!, does not say all citizens. but
an persons within the Jurisdiction
~ the United States shall have the
same right IN every State and Territory
70 make ana enforce contracts. 10 sue.
be parties, give evidence, and To the
full and equal benefit ~ all laws and
proceedings for the security Of persons
and property as IN enjoyed hv white |
citizens, and shall be subject TO like |
'lccnseH, and eSaotions of every Kind. !
nnd TO no other.
Would not that statute extend an the /
benefits Of the Constitution 10 an per-
sons who are within the Jurisdiction OF |
me United states. even though the ma