The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-12-08

Hts Political Thsesy. mas aeraags E~rsps
and msa Plnce N Eassssy.

The remarkable man IN whom death
came In the expiring moments Ut last
Thursday will figure In history ~ long an
mnn kind has n lesson to learn from the
story of the worlds most remarkable
civil war.
Jefferson Davis WINS mot tire fOrerunner
Of any new political creed. Men whom
America ranks among her most patriotic
son arSlently advocated views akin 10 His
In the convention that framed the consti-
tuition of the United States. The question
which under his guidance was carried
from forum tn field was debated with an
warmly discussed when the constitution
was before the people seeking adoption,
IL was the theme of angry debate i'm and
out of congress for more than sixty years.
The mission of the war Of the rebellion
WINS tn FIX the meaning OF u single word;
hat word il sovereignty. The years
spent i'm discussion of this word and in de-
filming the powers Of tire general govern
ment. developed i'm the United States
three distinct schools Of statesmen and
~jurists. The first of these started out with
the declaration that In the beginning was
the nation, that the people of the United
States existed before the constitution was
adopted, that the constitution itself was
not the product of the several states, that
power WAS not delegated to the general
government by the separate states but
by tine people Of the United States
acting rs u political unit, and
that the powers not granted Try the people
to the United States were reserved, not to
the separate states, but to the nation. In
this view, the nation alone Is sovereign
and the defenders of the theory supported
their position by showing that each sepa-
rate state lacked sovereign power. No
state could make treaties, receive em-
bassaalOrs OF declare war. and each
lacked many elements of sovereignty.
This school had it's advocates in Chief
Justice Marshall, Chief Justice Story, Al
cxander Hamilton, John Jay, Daniel
Webster and others.
The SECOND school defended the theory
of complete sovereignty in the separate
states. Il claimed that. by the revolt of
the colonies, thirteen independent states
were born. none OF which parted with
sovereignty, TINT the constitution itself
'was not fundamental law, but q treaty, a
n league or association OF sev-
eral sovereign states,f from which any party
tn the agreement was FREQ to withdraw at
pleasure that the general government
pS~ssesscd no powers except those ex-
pressly granted by tho states, which sim
ply delegated a part of their own powers
To the general government, that the United
States WAS q confederation rather than n
union. that no state was irrevokably
bound ny president, congress or supreme
court, and That no citizen owed allegiance
to the United States, but each man to the
state To which he belongs. In part.
Thomas Jefferson advocated this theory.
Stib teS men ike NIT N1asous oI &iIh
defended it and John &. Calhoun was it's
most gifted representative.
There was n third school i'm the politics
of the time, occupying a middle ground
which need not here he more accurately
defined but which had it's disciples i'm
Madison, ackso and members of com
gress who gained prominence during the
years when Mr.. fancy was chief Justice
Of the supreme court. Into the
discussion which engaged thc American
al Interpretation there entered the preju-
dices and the convictions of the people
regarding the relations OF slavery and the
powers of tine general governments tn reg
ulate it's extension; and when at length
the memorable shot was fired at Sumter,
the question which jurists and statesmen
had vainly tried to solve passed from the
arena of debate to the arbitrament Of bat
tie, and the answer came in four years of
whitening war. answer proclaimed
the nation to be sovereign. The failacy
Of state rights perished, the doctrine has
long since been surrendered among those
by whom IL once WINS cherished, and its
surviving utwa and visible sign went
out OF view forever g Jefferson Davis
died last Thursday night.
Sc
The world will always wonder why Mr..
Davis did not expiate his crime az soon
as the war OF the rebellion ended. Law
with it's ~tortuosls windinRs, it's delays and
it's technicalities helped this arch conspir.
ator out. The course pursued i'm his case
offended the North and regret was every
where expressed that u bullet did not end
his career at the time of his capture. Ar.
rested i'm May 1855, his presence was n
source Of constant embarrassment to b
government and of harsh criticism among
the people. Soon after he was captured
and placed i'm Fortress Monroe, Davis
WAS indicted i'm the supreme court OF the
District of Columbia. on the charge OF
high treason. Thereupon il was set mp
that he Ind not mmit the crime in
the District of Columbia and. with this
echuial defense, his case fell Hat. In
1866, i'm the jurisdiction OF the United
States district court of Virginia, he was
indicted, not for treason, but for carrying
ON war against the United States. He
| could not nave been hung ON the charge.
At that time Salmon p. Chase was chief
Justice. His district as a circuit judge IN
| cludeh Virginia. Justice Chase refused to
| ait i'm that state, as military authority there
| had not been evoked. He held that the
| highest judicial authority I'm the nation
could not submit to hold court with tts
| proceedings subject to military authority:
| Not long saftcrward Charles OConor. OF
- v~.l stu.. ana 80 shM, uh1Sst In ~ yG,rl