The San Francisco call., 1899-11-03

tunty they had
foolishly thrown away by passing the
alien and seditiOn laws, which at once
brought into play the determined hos
tility of the Republicans. The latter had
from the first dreaded the establishment
of a national government strong enough
to control and perhaps subyert the State
governments, and they believed that
these laws were a long stride in that di-
rectfon To meet this bold move of the
Federalists, and at the same time bring
into prominence the State as an essential
factor in our scheme of government, the
Republican Legislatures of Virginia and
Kentucky, under the lead of Madison and
Jefferson, issued the Virginia and Ken
lucky resolutions. These resolutions de-
liberately ignored the Supreme Court,
and proposed that the constitutionality
of an obnoxious law should be submitted
for decision to the several States of the
Union. This evidently transferred the
final exercise of sovereignty from the na>
ton to the States. Had it prevailed the
national edifice reared by the convention
in 1857, and strengthened with such care
by Hamilton and the Federalists in Con-
gress. would have fallen to the ground.
Washington seeing the danger, prevailed
upon Patrick Henry to come forward in
defense of the national authority, and
this he did. though weak from sickness
and years. with an outburst OF patriotic
ardor which brought to mind his ancient
fire. This speech was answered by Ram
dolph, who upheld the sovereignty of the
States as against the nation, and this
was the first important occasion on which
he displayed that eloquence which was
always so effective with a Southern audi
ence.
He went to Congress and was several
times reelected by his faithful constitu-
ents. Once also he was sent to the Senate
to complete an unexpired term. The most
important part of his Congressional ca
reer began in 1901. The Republicans had
elected jefferson and majority of the
House 6f Representatives, and so had
come Unto power as we use the term.
Macon of North Carolina was chosen
Speaker. and he appointed Randolph
chairman of the Ways and Means Com
mittee. In that position he was, as Trent
saws, zone of the most efficient and thor
oughgoing party leaders on the hoor or
the House of Representatives that have
been produced since the birth OF the ma
tion." Later. during Jefferson's second
term. he went into opposition and became
the leader of a small faction called the
"Quids." and thenceforth, in the words of
Trent was the most pertinacious and
personally dreaded free-lance in politics
that this country has ever known"
In 1901 the great obstacle in the way of
the Republicans, who wished to keep the
nation from gaining ground at the ex-
pense of the States, was the national
judiciary. for as long as the Federal court
could interpret the laws Of Congress and
pass upon their constitutionality it had
the advantage in determining the relation
which national and State forces should
bear to each other. Quite at the close Of
John Adams administration Circuit
I'd
from the Federalst party had been APP
pointed to fiji the new places. To get rid
of these Judges was the effort of the Re-
nublicans, assisted by Randolph. 1t was
conceded that they could not be disposed
OF by direct removal, nor by reduction of
salary. The constitution too plainly for
bade a resort to either method. But could
not the Circuit Courts themselves be
abolished? Such question might have
been expected from the Federalists, VINO
stood boldly for a broad construction OF
the constitution and for limiting the gen.
eral Government to the exercise of those
powers alone which were plainly given to
If in the constitution. The right to abol-
isr Federal court could be found only
among those implied powers" for using
which the Federalists had been attacked
nv the Republicans. But party expedl-
ency prevailed over consistency, the Cir
Cilit Court SNSIeUl III 50 Adl do II SolACO
for 3. separate grade of Judges, was abol-
isbed by the repeal of the Judiciary law
of 1901, and SO the most important of
Adams midnight appointees' were re-
turned to private life.
The next important administration
measure was the purchase of Louisiana.
and in supporting this Randolph went
even farther than jefferson himself for,
while the latter desired an amendment
to the constitution to legalize the pur-
chase Randolph considered an amend
ment unnecessary That is to say, the
Republicans were at liberty to stretch the
constitution. although the Federalists had
been roundly denounced for doing the
same thing while they We're in power.
Furthermore, he approved of making the
purchase without any reference of the
matter to the States, although the large
increase in the number of the latter
likely to be carved in future out of the
immense Louisiana territory, made the
purchase a matter in which the existing
States had the most vital interest. Hence