New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-05

lG one M"o irInston cave Ip The contest at Greens
Ioro' w those who went and whq r. turned ,y h HC;
this memorial to be perpetual reminder i9r US a
for our children, Of their sacrifice ana i'ue'ouo
w. fitting. on this day of double commemoration,
when we celebrate the birthday OF the Union anu "Vo.
tbc memory OF those who died for It's preserVailo mn
we shonld turn aside for few moments 70 io9k nv4
the cahses Which led to this momentous strusge 9o
the purposes and objects for WHICH, on INC oo S''
or the other 1t was undertaken
OBJECT OF TIE WAR.
on the part of the General Government the war ""S
r,soc,,tcd ia reserve the Union and to destroy com
pleely and forever the doctrine Of nullhcauon ana
secession political heresy that had mchaeeu inc
existence Of the Nation from the very foundation u
te Government No sooner had the Constitution leen
adopted than there arose controversy as 10 INC huo
Of the instrument and the extent Of the powers con-
ferrcd bv il on the General Government. The strict
characteristics with Jefferson at their head. Insisted
that The Union was nothing more than league oi
independent sovereign states; that the Constitution
was a mere compact under The style ana tue OF q
Constitution made by the states between themselves
~ which The Union was not a party that the states
ms states had conferred upon the General Govern
ment certain enumerated powers. rescrVlng TO ulein
selves and to the people all powers not eApigiisy
granted that Congress could exercise 10 power unless
the specific grant found in terms in the oohpacJ
that no common tribunal had been provided 70 uoter
mine whether Congress the ENccut"c iGid III any
particular exceeded It's powers, and tat theie
fore it each state to determine this que,uo
for itself: and IT, in the opinion OF any state Con
grcss had assumed 10 exercise, In any instance,
power not granted it was the right and duty OF the
state to prohibit the enforcement OF the act Wlthln us
territorial limits. This was the doctrine u nulnhca
ton. The origin Of this doct1ne Is peculiarly a.crioed
to John c. Calhoun, Of south Carolina. but its real
author was Thomas Jefferson, the third Lrea[
dent Of the United states, who set II iorta
distinctly the KENNEDY Ne Ta1 Declared
TEat tic several states composing the United
unlimited submission TO their General Government; p
that by compact under the style and tlls OF oOl
sttnt0n for the United states and OF amcndncai 8
special imposes. . and that, whensoetcr the
General Government assumes undelegated powers u
acts unauthortave void ana oil no iorce' tIt 20
hi. compact each state accedcd rs state ana iN
compact made the exclusive or hnal Judge oi inc
extent Of the powers delegated to iJscif. Dul
that rs in all other cases OF compact aLghg PD"d1
having common judge, each parry has an cqNui
right to Judge Tor ltseI as Wen oi iacoonf " VI VI
the mode and measure OF r'lrs So y tiG elshCh reso
luton It was further declared that Where powers
are assumed which have not been dclegated hlllln
cation Of the act IS The rgltul relnedy that e'ftS
state has natural right In cases not WITHIN Lhe
S S3mPPon Of pWr by Others within their own limits
Against this construction Of the Constitution, when
made The Union me toIa Oh saG 10 De og1H Was ~
the will Of any Of the states composing IT, stoou WASH,
ingtOn John Adams Alexander Hamilton ana Jonn
Marshall for many years the SheI gunuCe o. rS te
Supreme Court, and those who acted win them. my
held that while the National Government was one OF
limited powers, these powers were limited only 10y NE
general scope Of the functions attributed to 1t by me
Constitution; that a TO these functions, the Federal
Government could not only exercise all powers eN-
preSsy conferred but also. all snch powers as were
necessarily implied in them: and finally, that as to
such powers, WHETHER expressly granted or necesSary
implied, the Nation possessed all the attributes OF SOW
ercignty They held that the Nation Wa tnion per
pctual and iudisSoluble that It was formed not by
of al the states who. acting In their sovereign
capacity. established the Institution As the e., funda
rTIiod mon the terms Of the preamble:
We, the people Of the United State5 n o il, 10
form more perfect Union. establish justice insure
domestic tranquility provide for the common defence
promote the general welfare and secure the dressings
Of liberty FOR ourselves and our posteritv do oTlan
and establish this Constitution for the Uhted states
Of America"
THE THEORY OF ONE SIDE.
The followers Of this theory insisted that, while II
was left to the free action OF the peop OF each Htale
TO determine FIR themselves whether they would enter
the Union once having entered they had entered for
ever that by this same organic law the supreme Court
was made a common judge to determine whether
Congress had in any particular case exceeded its power
and that this power was expressly delegated In the io
loving language "The judicial power shaiI eNteha
10 all cases arising under this Constitution the laws {"
the United States and treaties made Or which shall lie
made under their authority
such were briefly stated, the two opposing theories
which developed In the first years after the adoption
If the Constitutional Government. Let u SEE bJ
whom and in what manner these two plhcIpes "ylc
applied. Tie control OF the NauOHA "o'cIl',,t 80
the Fcdcrdli-ts, the party OF Ndahis,9u Iltn ~ a.,
and Hamilton ceased with the close Ol the Admihsta
ton f John Adams in l1Ol FROM tiat ut ,y uii
the outbreak of the Rebellion, the party OF jefferson
he party Of strict construction and Of State ,oy
ereignty had almost uninterrupted sway; me l"uvI
of the ctrinc, after holding the PRESIDENCY Ior tWo
terms wa, succeeded by two Nirdnans u succe'NloA
both of them hi, political disciples, Mal9oj H,,H
Monroe Next came John Quincy Adams, VINO uOutH
originally a Fcdcralist, had become a Democrat ~
19Os and who was followed by Jackson ana van
buren, In Ie41 the death Of Harrison after M H
IN Office len tine succession to Vice President lylci
who broke with his party ana MAJ @ contjn
- "a, a-,apdeucV of Democrats IN lSf3 'diC
the accession Of Taylor, followed ailcr &C" m.'.3
MED Office for more than year. Nv" NOV Dc,Ip
Gratis Pierce and Buchanan, bring DOWN inc ie'o'u ~
the period of the war. , oni, ,h..
space of sixty years the formative era Of our national
history, the Government was; except i'r o,r I
nosseSson of the party OF the srcb constrnc
lmring all this period there was no schenle vi Puo'
polcy OF act Of legislation tending to exceed ine 'Nl
principle Of popular freedom, buI va t, ~
iassed and carried into execution bN me parry u.A'
INC marty of liberal construction. which followed In
the footsteps Of Washington, Of John ADAMS ol mann
ton and Marshall never IN position cAC'Pt lUr
' Lricf nernd during Fillmorc's term Of Office 10
adopt any act that tended to enlarge tie po"us ~
the National Government ana ces'1,m 80 i.I n
charge could be brought against ihat NdhInis'
And vet when South CaT5ilina came 10 setc1e ~ De
cember 1860 her address 10 the people OF tNe Oneu
states. setting forth the IeaS ms iof Le ae,Sasph'
declared that The one great evil from which al other
evils have flown Is the overthrow OF me C2hsuImo4
If The United states. The Government 81 me ntod
siotns i M longer Government Of contederated re
uubIcs Int consolidated democracy. II Is no longer
n free government, but despoi7n.' ,
Csnceding, for the sake oi argument. altnonEh
denv H. that the Government Of the I hltd S'ateS
ever was "A Government OF confodoratcd rrpubHcs.
that The Constitution had been overth0"n ana t.ai
free government had given way t. despotsn the lue>
ian il when and by whom was this overthrow ac-
ComDlished.
FIVE IMPORTANT MEASURES
The principal acts that can be- included unuer t'9
head are i've in number-the purchase Of Louisiana
fan 1903 the act providing for TIE government OF the
new territory in 1904, the purchase Of Florida
in 1919. the Missouri Compromise Act III
1920. and the annexation of Texas III l7i' 40
Tvcept the alien and scditon laws. passed during tho
Administration Of Adams, which expired by lmita-
tou i'm two year- every act that waS subsequently
in the heat Of political excitement charged to have
been unconstitutional and which affected i'm any decree
tbe character Of the Government under the 'oneuJu-
on was passed during this period and by this very
party.
Let rs look for a moment at these acts
The purchase Of Louisiana was made by JEFFERSON
% lo Rff1 lot II -