The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-06-04

vcstieatod the question how far snchcxtfnor-
binary powors could DO reooncilcd with the ex-
press declarations or manifest intentions Of
| tho frnmcrs Of the Constitution Bat hav-
| ing deferred tho publication OF his book TIL
| the year 1882 Mr.. Bancroft has RETAINED from
| pushing such inquiries with the vigor he would
formerly have displayed; dnd even whore the
! evidence prnsented seems palpnbly inconsistent
| with the theories of Interpretation carried to
4 such extremes In lator times. he leaves the
| rcadOr. for the most part 10 draw the inference
| for himself.
| Perhaps no other course was open TO Mr..
| Bancroft; for. having accepted high Office
| ut tho hands OF a party whose attitude to-
| ward tho Constitution IL Numerically opposed
| to that which had been taken by his carly
| friends. no could not gracefully dwell with
much iteration or emphasis on the proofs sup
| piled by his researches that some OF the de-
ductions drawn from the Consultation by
! Republican statesmen would have boon
Viewed with astonishment and dismay by
| those who signed that instrument. In
| view Of the signal change in tho authors politi-
4 cnl Affiliations tho most, perhaps, that we could
| reasonably expect ia that the evidence shall be
| patiently collected and candidly exhibited tho
| reader being left TO draw conclusions for him
! self This task at least has been performed with
] such admirable industry. insight. and disere
I ton. that those volumes cast q new and coplous
| light on nearly all the questions of conatitu-
! tIonal exposition that have been strenuously
4 debated
1 1t IL only, as We have said. In connec-
| ton with the long disputed and now gon-
orally discaimcd right Of secession. that
! there are indications. we will not say Of
! suppression, but OF deliberate reticenee.
! But although this subject is nowhere. directly
| discussed Mr. Bancroft gives the reader ma
! terinls for discussion by showing. on the ono
| hand. that the Union was Intentionally intrust-
| ed with power to coerco individuals. even when
the latter obeyed a counter order Of their State.
and that the clause prohibiting State from en-
! torng into any league with another state
| seems to condemn beforehand the Southern
Confederacy; while on the other hand he makes
| it plain that the argument for n coherent in
divisible nationality. reared by Daniel Webster
on the phrase We, the people OF the United
States" employed in the preamble OF
| the Constitution was based upon a COM
| plcte misconception of the reasons prompt
| ing the use OF the much-auoted words.
| To these and other results Of Mr.. Ban
crofts researches. whose obvious application
| he himself abstains from making and to
certain noteworthy omissions in his array OF
testimony, we shall refer hereafter; for the pres
ent we would recognize the weighty obligations
OF our constitutional history and illustrate the
general fruitfulness OF his inquiry by some Of
the more novel and pregnant facts exhibited
| with special clearness in these volumes.
The two points brought out with peculiar
| distinctness are the imperative necessity OF
a more perfect union than was attainable
under the Old acts of confederation, and the
extreme difficulty experienced in carrying
| out the particular scheme proposed by the
Federal CosHention. The confederation formed
between the thirteen colonies in 1881 re-
| yealed from the outset an utter inefIl-
cheney; and yet the restricted powers con-
coded by 1t TO the Congress were viewed
with jealousy and misgivings by the several
| States. The Federal Legislature, under this
provisional political system. could raise no
| money. because 1t could not enforce tho pay
| ment of taxes. bet was compelled to rely upon
| the State authorities, who in many cases
| evaded or refused it's demands and in no in
stance fully and promptly complied with them.
| 1t could not regulate commerce. and even Its
| treaty maxim powers we're restricted to the
/ most general ohecta and included no
! right to interfere with Imports, exports or
customs duties. No doubt so$ms to havo been
entertained respecting the right of a particular
| State to send Consuls 10 foreign nations. and
| British statesmen regretted that they had con-
| sented to treat with the Representations Of the
| Congress in regard to any matters except in
| dependence and peace. Even Fox avowed the
opinion that deGnitve treaty with the United
| States collectively was perfectly superiuous;
| and the plan OF the British Ministry was to re-
| ceive only Consuls from each one Of the sepa-
rate States. and not a Minister for the whole
| Of them.
Relying on the weakness OF our central
| Government. Great Britain. whose Ameri-
/ l.. Al
on the north and the northwest. encouraged
| New Brunswick TO encroach on the eastern
frontier OF Maine, withheld orders for the
evacuation OF tho western and northwestern
| interior posts. and, by fomenting hostility
among the Six Nations and the other native
| tribes occupying territory on the west. en-
| deavored to bar out the coonists from access
| to the great lakes and the upper Mississippi.
| Prompted by the same conviction that the con-
| federation was too feeble TO maintain its rights.
| Spain attempted to extort a surrender of the
right to navigate the Mississippi, and an
| assent TO this demand was virtually voted at
| one session Of the Congress in 1856 by ma
| jority OF the States. IL was this action, in
| deed on the part of the States north OF Mary
| land which aroused q feeling Of strong Sec
tional distrust. and which promoted DISPOSE
ton to form two distinct confederacics instead
| of perpetuating the union Of the thirteen col
| onies As early as 1881 Schuyler had proposed
q union Of New England and New York in
perpetual league OF Incorporation. and as late
as 1883 Patrick Henry ana ether !c2ding men
OF Virginia might have carried out the plan OF
| Southern confederacy. but for the refusal Of
| Maryland and South Carolina to cooperate
with them.
| On the whole. however. there was undoubted-
ly a strong preponderanco Of opinion in favor
| Of uniting the thirteen original colonies under
a Federal Government. which should have
power enough to make itself respected abroad
and sef-supporting at home; and this feeling
| found expression in the Federal Convention
| which was organized at Philadelphia in May,
| 1887. We must bear in mind. nevertheless.
that the Convention itself did not represent
universal impulse, but was made mp for tho
most part of men whose predictions for a
strong central Government were well known.
Rhode Island was not represented in the Con-
vention at all. and generally men who from their
| uraatar uttaahmant n ha Stataa faarad I ha