The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-01

beckons us on. Let us follow with an ex-
allied and ennobling love of country and
with undaunted courage. Though clouds
may sometimes darken the heavens, they
shall be dispelled; and we shall see the
bow OF Gods promise set clearly in the
sky and shall read beneath it, blazing in
radiant characters, the words "our people.
"THE FEDERAL CONSTITUTION"
was replied to by Chief Justice Fuller:
1t was indeed a contamination, the re-
suit not simply OF the particular exigency,
but OF that gradual growth which, having
its roots in the past, develops into the pro-
duct that endures. The men Of the con-
vention knew that the realization OF ideals
is the work of time, and whatever specu-
lative views OF government or OF freedom
they entertained, they did not attempt to
carry them in expression to their logical
conclusions. They had confidence that
the general principles they accepted rs
Fundamental, being declared, might safely
be relied on to work out the practical ends
desired. They were familiar with the
leagues, the confederacies and the councils
of the ancients; the associations Of COM
munties OF more modern time; the great
steps in the progress Of English liberty,
from the Magma Charta to the Act OF Set
Element, and still more thoroughly with
the experience of the colonies and of the
States OF the New England Confederation,
the various Congresses and the Coniedera-
ton OF the United States, a part Of which
they had been, while years OF keen
discussion Of the science OF government
and OF ardent devotion TO the cause Of
liberty had stored their minds with doc
trines and fitted them for their great task.
A union already existed, based on COM
mon origin and aims, but the ties that
bound the States together were too weak
TO compel that subordination OF the sup
posed interests OF one portion OF the peo-
pie to line OF action required by the
actual interests OF all. The destiny OF the
country was manifest, II its parts could be
welded into one, but the p blem to be
solved was how to accomplish this without
sacrificing local independence, and so
parting with liberty in exchange for
power. In undertaking that solution they
represented in themselves every shade OF
opinion from intense faith in the ultimate
good sense Of the people TO large distrust
OF their capacity for self-government, and
they wero acutely alive to all the jeal-
ousies, the passions and the conflicts OF
the hour. The self-restraint they
practiced in their own action was the
self-restraint they sought to secure;
and the spirit OF compromise which
finally harmonized their deliberations was
the spirit OF compromise which is OF the
essence OF all lasting human governments.
To determine form OF government by
written fundamental law was no novelty
10 them. The covenant OF the Mayilower
had set the example, and all the States
but two then had, as all have now, con-
situations defining the respective rights
and duties of the citizen and OF the au-
thority over him. But TO fashion the in
strument which was 10 create a nation
out OF the people OF free and Independent
States, and at the same time in terms TO
interpose barriers against the invasion OF
rights, and reserve TO the people and the
States respectively the powers deemed es-
sential TO their preservation, without inn
pairing the efficiency OF the central au-
thority, this demanded unequaled pa
thence, sagacity, moderation and wisdom.
That patience, that sagacity, that modera-
ton, that wisdom, signally exhibited in gen.
era, was especially illuslrated In his char
acter and conduct whose Inauguration We
celebrate today, the swelling theme OF the
launching Of the great Republic being
well-nigh lost in the recollection and con-
temptation OF the virtues OF It's first and
grandest leader. To Washington's proph-
etc eye the glories OF the future had long
been unveiled, dependent for realization
upon the success OF statesmanship in the
work OF construction, entered on at his
suggestion and carried to completion un-
der his direction. Ills full anticipalions
nc was not called on 10 disclose. The
equable and steadfast tenor OF his mind
was exemplified in his well-known ex-
clamation. "Let us raise standard 10
which the wise and honest can repair;
the event Is in the hand OF God" Under
such guidance In that temper, with that
reliance, the work went forward 10 its
elimination in this masterpiece OF polit-
ical science. The great English states
man declared II "the most wonderful work
ever struck of at a given time by the
brain and purpose OF man." but
in its main features IL rs much
proceeded from progressive history" as
any governmental organism mankind has
ever seen. Like the action OF nature. the
forces had been long accumulaiing before
they burst into expression. The careful
division Of powers, the checks and bal
ances; the representation Of States and
people, the saicguards against the exercise
OF arbitrary will, the immense power 10
protect and the powerlcssness 10 Cypress,
were but the concentrated results oil prior
experience, while the plan OF government.
absolutely sovereign in lis own sphere
leaving the States without political supe-
rior-was the natural outcome Of the neces'
sity OF rcconciling imperial sway over a
vast extent OF country 10 be peopled by
coming myriads, with republican rule rest.
ing on the representative system and the
principle OF local government for domestic
purposes No Rubicon need 10 be or was
defined, TO cross which WAS revolution. fora
supreme tribunal was part OF the noble
scheme, 10 which was committed tho duty
OF determining when Federal or State ao.
ton exceeded the boundaries by which
each was circumscribed.
For the ncxibility Of unwfitien oonstitu.
tons there was substituted here not
merely a mode OF alteration when sane.
ton as prescribed, but through the simple
generality Of the terms employed AN elias
ticity enabling the fundamental Law
10 develop with the progress OF
the people, as the memorable logic Of
events influenced lis provisions, or Judi.
cial Interpretation expanded them, not ~
rs TO impair the vital rule but 10 permit
rs adapttions 10 the new conditions.
Thus keeping pace with tho onward
sweep Of tho empire which Il rendered
possible, this maichlcss instrument yindi-
Gates ils title TO Immortality. The con-
scrvativc evolution that CharactcrEcs Il