The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-10-13
MARCROF THE CONSTITUTION


ISOLATION at Saratoga.


March of the Constitution" lie spoke
as follows:
The federal constitution was great
creative work, a new departure. In a
general way, 1t may be said that a
constitution is the system or body Of
Fundamental principles, written OF uii-
written, under which nation, state OF
body polite is formed or governed
Well did Tennyson describe the process
by which the British constitution was
evolved when he wrote:
A land of old and Just renoWn
Where freedom broadens slowly down
From precedent to precedent
But the British constitution could not
suffice when the American people pro-
posed to embark upon a career OF sepa-
rate nationality. Never did men race d
graver responsibility than did those
who undertook to bring order out OF the
chaos which then enveloped them. Inc
lofty enumeration of their purposes III
the preamble to the constitution, was
itself solemn judgment upon the ar
ticles of confederation, which, indeed,
all men knew were altogether MADE
quate for holding the fruits OF thelr
struggle for independence.
What order of men they were who
framed our constitution is shown in the
Tight of a historical contrast which IS
full ,of dramatic interest. France was
in trouble-a trouble more serious than
any which ever before confronted an
existing order of things. On the very
day that George Washington was eject
ed president of the convention, the
great assembly of the notables ad-
dourned. They had sat two months
and utterly failed to do anything Whlch
could save France. Then came anoth-
er meeting of the national assembly,
the constituent assembly, and that
fruitless and utterly abortive effort TO
make a constitution which should save
the kings crown and the peoples
rights.
This attempt at constitution-mak1ng
failed. for it could not rally to its sup
port any faith in its inherent strength.
1T simply collapsed when put to the pit
sless test Of those pitiless times. Great
hopes had been conferred in it, hopes OF
deliverance, hopes of happiness and
hopes of peace; but Carlyle sums up
the result in a single sentence, which
he makes the heading for one Of his
arandly picturesque chapters, "Constl-
tuition will not march" But, gentle
Ynen. the constitution our fathers made
had the marching quality in it, and our
history records how it has marched in
GOOD and evil days, sometimes through
perils and difficulties, sometimes SEEM
ing almost ready to halt, put always
moving forward.
Franklin urged the members of the
convention to sink their personal objec-
lions for the sake of the great issue at
stake "Thus l consent, sir, to this
constitutions" he said, because eX-
pect no better and because | am not
sure that it is not the best. The op1n-
ions I have read of it's errors l sacrifice
to the public good" 1t was the result
of a large number of compromises. AS
has been truly said, Nobody liked all
its provisions, and everybody feared
some of them" It's adoption was
great, wise and patriotic act, for states
manship Is not the obstinate reaching
out for the tlnattainable, but the accep-
lance Of the best that is within reach.
1t was the profound recognition of this
truth that secured it's adoption, without
the provisions soon afterWard adopted
in the first ten amendments, the alb
sence Of which in the original draft
caused so much opposition.
Many great causes have been
wrecked by the unyielding opposition
of narrow minds, seeing only single
point that may or may not be correct,
Nut which is as nothing compared with
the issue involved. Such minds there
I ,1r yIn hn.t
estIy believing that human wisdom is
conferred in them, cling fast to the
things which are petty and insignia
cant, and sacrifice those which are of
supreme value. But the constitution
was adopted; and those who had OPP
posed it were loud In their prophecies of
failure; and it's friends could only adj
nit frankly that 1t was an experiment
which must wait the test of time.
There was little business for the SUI
pYerne court in the eleven years, which
preceded the appointment of Marshall;
only six constitutional cases were de-
cided Thus far the constitution had
marched; but it must be admitted its
patfway had not been a smooth one.
THE people soon learned that the SUI
preme court was body claiming enor-
NOUS powers-powers that thousands
of good men viewed with sincere alarm.
when Chisholm VS.. the state of Geor-
gia was brought before them, the coun-
try was af1ame with excitement. Min
gled feelings OF establishment and in
dignation filled mems minds at the
thought Of bringing a sovereign state
into court like an ordinary debtor.
This is a case of uncommon magni-
tude," said Justice Wilson. zone of
the parties to it as a state; certainly
respectable, claiming to be sovereign.
The question to be determined is,
whether this state, so respectable, and
whose claim scars so high, is amena-
BILE to the jurisdiction of the supreme
court of the United States? This ques-
ton, important in itself, will depend on
others more important still; and may,
perhaps, be ultimately resolved into
one no less radical than this-'Do the
people of the United States form a ma
TOM" When the court held the state
OF Georgia to be suabe by a private
citizen, an Overwhelming demand went
Up for an amendment 70 the constitu-
ton. and so the eleventh amendment
was straightway adopted.
When Marshall took his seat it was
plain that he would have many uncom-
Portable experiences and much rancor-
Gus criticism. He believed in a strong
ood ca leo 51i6 l1ie, J1yay.