The daily journal. (Salem, Or.) 1899-1903, 1903-06-09

which has received the express sanC
ton OF the Supreme Court Of tn
United States, as 'unmistakable evi
dence Of what was a government re
publican in form within the meaninl
OF that term as employed in the Con
stitution.' Nor do believe that tn,
conclusion just announced is at al
affected OF in any manner impaire,
by reason OF the fact that the pro
posed amendment allows the genera
ASSEMBLY to retain certain shredI
and patches Of legislative power tC
pass certain perfunctory laws relat
ing TO appropriations. etc. A legisla
tive body so shorn OF It's customary
and constitutional functions can moi
be longer regarded as the represen
tative Of the people. The legislative
power can not be halved, quartered
nor in any other way subdivided. A
representative democracy can not be
crossed with an absolute democracy,
and still tho hybrid resultant from
such copulative conjunction prove TO
be, and constitute. a government re-
publication in form Clay and iron
can not in such cases be welded to-
gether any more than they could in
the feet Of the image which Daniel
saw In his vision"
We believe that the learned Judges
construction OF this clause Of the
Constitution is not in harmony with
its spirit, nor with the views enter
tained by It's trainers.
We End that Mr. Edmund Ran.
doph, a delegate from Virginia, is the
author OF this clause OF the Constitu.
tion. That he laid before the conven.
ton a plan for a constitution. and OF
which paragraph eleven readt
Resolved, That republican gov.
ernment, and the territory OF each
state Except in the instance Of
voluntary junction OF government
and territory ought 10 be guaran. /
tied by the United States to each
state" June 18th II was amended so
as 10 read as follows;
Resolved, That a republican con.
stitution, and its existing laws.
ought TO be guaranteed TO each state
by the United States" II was again
amended on July 26th to read as fol.
lows:
Resolved. That a republican form
of government shall be guaranteed 70
each state; and that each state shall
be protected against foreign and do
nestle violence" It was again
amended on August 9th so as to read
ls follows:
The United States shall guaranty
o each state a republican form OF
government; and shall protect each
tate against foreign invasions; and
m the application OF its legislature.
'gainst domestic violence" Again.
N August SOth, II was amended 10
cad, The United States shall guar.
nty to each state a republican form
4 government; and shall protect
ach state against invasIons; and on
he application OF its legislature or
xeeutive, against domestic VIC
snce" Again, II was amended on
september 18th so as to read as fol.
ows: THE United States shall guar.
nty to every state in this Union a
epublioan form OF government. and
hall protect each against invasion.
nd, on application OF the legislature
p executive. against domestic VIC
snee,' And on September 18th IL
ias amended 10 the form that II now
pPeers In the Constitution.
We agree with the learned Judge
hat this clause should receive a
obstruction eontemporaneous with
IS enactment What aid the trainers
{ this clause intend to guard
gainst? Did they fear that the peo-
le might some time find a practica.
lie way OF enacting their own laws,
T ala they rear that certain parties r
iight some time get in control and a
rect an aristocratle or monarchical
orm OF government? II they feared g
be latter and not the former, then y
'here the reason OF a rule ceases, a,
the law itself ought likewise to n
ease with H."
The Attorney-Gener OF Maryland, d
'uther Martins, who was delegate s
rom that state, made to the legisla-
I've assembly OF that state, on Jan.
airy "a. l7sS, a report OF the pro 4
titnuon. We copy from said report !
eedings Of the fEamers Of the Con :
he following:
1T was found there we're among
q three parties OF very different
entiments and views; One party,
hose object and wish it was to abol-
n and annihilate all state govern
lents. and 20 bring forward one gen q