The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1877-06-17
asrnIng Star and Catholic Messenger.
THE EVILS OF CENTRALIsM
GRAFTON OF ]. RANDOLPH TUCKER BEFORE
THE MARYLAND UNIVERSITY.


Baltimore, Md u, June 1.-The annual
commencement exercises of the Law De.
partment of the University of Maryland
took place to-day at the Academy o!
Music, which was crow ded with spectators
There were twenty. one graduates. J. Ran
doIph Tucker, NJ c., of Virginia, delivered
the Grafton. After treating of the profes
sion and origin of law, Mr.. Tucker said
it would be quite inexcusable if he failed
/, to refer to q branch of legal science which
is purely American-cOnstituti law.
This was the science of the relation be-
tween the Government and the citizen, in
respect to which America claims to have
made important improvements. CoDstitu
ton, or the manner of organizing the 80
oial force, is left for mans contrivance.
The "powers that be" are two fold
organic and derivative. The sovereign
authority of the people is organic; that of
the government derivative. The former is
paramount; the latter subordinate. The
one is creative the other created. The
one delegates; the other la. delegated. The
one ia principal; the other the agent.
This principle rejects wholly the idea that
any Government is entitled to servile obe
dience, or to any obedience where itself
violates the law of it's creation, or Gets at
paught the character of its authority. Re-
ferrlng to our Federal system of govern
ment, Mr.. Tucker said: "It is true that,
despite all the cautisusness of our fathers,
the Federal system has failed to realize ali
the hopes of it's founders. The spirit of
centralism has seduced men at the mad
bidding of fanatical sentiment to extend
the domain of Federal power to the detri-
ment of the reserved rights of the State,
and this brought about results upon which
the true friends of liberty must look with
dependency almost akin to despair. You
have seen in this city the venerable Chief
Justice wearing the ermine of the highest
court in the land defied by the military
when he threw about the persons of your
citizens the sacred writ of habeas corpus.
You have seen your State Legislature in
vaded, it's members Imprisoned and its
organization broken up. You have seen
the governments of eleven States suspended
and military governments established over
them by authority of Congress. Yon have
seen the writ of habeas corpus suspended
by order of the President in time of civil
war, and the same thing done by Congress
in time of Peace. You have seen the
question of State government determined
by the President, and the whole State
power placed at the mercy of his decree.
You have seen the soldiery standing at the
door of the Capitol as tho arbiters of their
subordinated to the military power, ard
these things done in the teeth of coustitu-
tional prohibitions and limitations, and in
violation of the sacred institutional princi-
pies OF AMERICAN noerty. But, gentle
men, I have not despaired. I will not
despair of this republic of confederated
They created the Union
by their concurrent comps ct, and they can
save it by their concurrent action. If we
are faithful to the institutions of our
freedom; if the legal mind will stand true |
to the transmitted traditions of our ancient |
liberties during these ten centuries; if |
necessary to the fundamental principles on |
which orr federative system rests, and |
maintaining the complete autonomy of the |
States as an essential and permanent part |
of our organic law. and steering wisely be-
tween the national centralism of power on |
the one hand and any tendency of the States
to deny needfui authority to the Federal
on the other, we shall check
by limiting power, prevent de-
coy by vitalizipg the organic principles of
the Conetitution, and purify the Admins
tration by controlling patronage. We will
save the Republic, and, what is better,
will strengthen it and perpetuate our lib
critics; but if centraiism shall eat out the
power of the States as tho independent
creators of the constitution, as the parties
TO the Federal compact, and as essential
factors in the Government, then the days
IF the Republic will be numbered, and
free citizens of Shese States will become
the subjects of an imperial despotism. But
forbear to say more ON this tempting ques-
tion."