The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-30
FEDERAL AND NATIONAL UNION.

To THE EDITOR OF THE SrN-S1' The
incidents Of this coal miners stride have
called special 6tte ntion to the fact that the
American Constitution remainS unchanged
and apparently Interchangeable. though the
state of things with reference to which u
was framed has undergone Fundamental
change.
The Union. Il would seem. at first was
essentially federal II was compact
among States which did not resign their
sovereignty and which would have fell them
selves at liberty TO secede, at oil events In
case of breach of compact This Madison,
IN "Thc Fe-icralist,' No. Mill. appears.
though reluctantly and in language OF
studied obscurity. to nd,nit
But as time went on unifving influences
told. and new States we're admitted, prac-
tically on national footing. Only the
South. far less touched by the unifyins
influences and jealous for it's peculiar
institution. chung to the idea Of strictly
federal compact such as was implied in
South Caroiinas claim to the right Of
Notification. In the War of Secession
the issue between the two principles. the
federal and the national, came to a final
trial
The result Of the war decided that the
American Republic was TO lie nation.
though a nation with federal structure
The retention Of the federal structure was
end Is the necesstv Of IN immense territory
with strong dividing lines. Typographical
and economical. ietween the Atlsntic and
Poetic States social between the North and
South.
The Federal Constitution, with It's ORIGINAL
supple ment. meantime has remained iron
bound and practically unchanpeable. II
took the volcanic force Of the War Of Seces
sion TO enohle n Conoress Of the Northern
States, the South ieinp for the time elm
in'ted, 30 carry Constitutional amend
ment, The reason of the founders for
msfino the amendment Of the Constitution
50 d Rc,ilt seems to have been that the
OBJ iect was TO ind the con- Pact.
A national law Of mnrriare and divorce
appears to q vital necessity OF nntion.
Yet when II il proposed we nre told that the
attempt TO introduoe il would he hopeless
because no extension 81 the power Of Con-
grcss would lie endured.
TX Unconstitutional organizations, or
course, paw nc regard ~ State right. The
result is that the bead If y labor orpaniza-
tlon comes from Illinois into Pennsvlvania
md there se's on foot a labor insurrection
full Of deadly peril 10 the whole NATION. while
the natIoisl Government is deharred by
State right from taking action for tho ma
tional interest md il fain o parlev with the
leader Of p-ivatc combination and TO
issue a commission Of inquiry which is
devoid Of legal power
There ere Questions, such as thar relnting
to the Presidential term, and that re-
latinC to the shortncss Of the term for mem
hership Of the House Of Representatives,
which experience has emphaticallv raised.
TO which, II an amendment To the Con-
stitution were practically feasible, the
attention q American state sinanship would
bc turned.
The position and functions even Of the
Supreme Court have teen practically af-
fected IN some degree hv the transition from
federation to nationalitv. ORIGINALLY the
chief duty Of the court was to interpret and
guard a federal c impact. But the court
now as In the cases Of legal tender end the
income tax, is controlling the policy Of
nation.
Time said Bacon. .is the greatest In
novator: and IL time Of course alter all
thinrs TO the worse. and wisdom and coun-
sci shall not alter them to the better. what
shall lie the end7" To no case IL this
more applicable than 10 that Of written
constitutions. GOODWIN SMITH.
TORONTO Nov Is.