The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-24
THE IRRErREsAsLE CONFLICT.
Mr.. thavieS Francis Adj smsV falvn and
Helpful ENpIana tleR Of the Great (1vil war.

From speech before the Ncr England Society
Of fhdrieefoa.
For more than a century lawyers, jurisfe
and puhiicists journalists. polt icians ana
statesmen have been arr uins over the Federal
Constitution Sovereignty carries with
ailesisnce, Wherein rested sovereignty? WAS
II in the State or in the nstions Was the
United States a unit-"an indissoluble Union
OF imperisbahle States?"-or was Il a mere
confederacy of nations. held together solely
by compact upon possible infrlngements
OF which each one. N far a. II was concerned.
WAS a Anal Judge? Each postulste has been
maintained from the beginning. for that
matter. is maintained still So far as ] can
ascertain. every State o; the Federation be-
came member OF the Union with mental
reservations, often uncNpres>ed. growing
out Of local traditions and interests. in the
ful' and correct understa ndinR Of which the
action OF each must he studied Dissatisfied
with the past and doubtful Of the future,
Jealous OF liberties. to the last degree prcvin-
cial and suspicious of all external rule. In.
tenseiy common sensed. but Illogical and
alive with local prejudice, the one thing our
ancestry united In most apprehending was
centralized Government
What did the trainers OF the Constitution
propose? Taking refuge In metaphysics,
they proposed a contradiction In terms-a
divided sovereignty Sovereignty. II was
argued was In the people. But who are the
people? The people OF the United States
II was replied are the aggregate OF those
inhaOiting tina. particular States Then they
began 70 apporton sovereignty. oblivious OF
tho fact that sovereignty does not admit OF
appoTtionment Pursuing some vague anal
ogy OF the solar system. and conceiving or
States a. planets In their orbits. the people
OF the particular States assigned to the ma
ton a modicum OF sovereignty. conferred
another modicum on the State governments.
and reserved whatever remained to them
selves Now, IL Is written NO man can
serve two masters: for either he will hate the
one and love the other. or else he will hold to
the one and despise the other" The ever
lasting truth Of this precspt in the fulness OF
time held good in our case From the moment
the fathers sought to divide the indivisible. the
result was written on the wall II was
mere question Of years and OF might
Thus. intentionally by some Of the most
far seeing. Internationally by others anxious
to effect only a more perfect union. pious
fraud was in 1855 perpetrated on the average
American. and his feet were directed into
path which inevitably led him to the goal he
least designed for his journeys end.
When the Federal Constitution was framed
and adopted"an indestructible Union OF
imperishable States"-what was the law Of
trea son-to what or to whom. In case OF final
issue did the average citizen owe allegiance?
was " W wv I Hloil VI W ms 'Na''F ~ "
practical que,tion seeing thing a. they then
were-sweepng aside all incontrovertible
legal arguments and metaphysical DISGUISE
tons do not think the answer admits OF
doubt II put in i7ss, or. indeed. at any time
anterior to 1875. the immediate reply OF nine
men out Of ten in the Northern States, and OF
ninet y-nine out OF a hundred in the Southern
States, would have been that. as between the
| Union and the State. ultimate allie giance was
due to the State In studying the history OF
that period. we are confronted by condition.
and not a theory: but, as read the record
and understand the real facts Of that now
| forgotten social and political existence, in
case OF direct and insoluble issue between
| sovereign State and sovereign nation betw
| i1ss and 1891. every man was not only free
to decide. but had to decide for himself, and,
whichever way he decided. he was right.
| HOW THE SIDES CHANGED
| But see how the sides changehow rapidly
"humors turn with chimes: while. as to the
principles involved, the mutation Ia only less
complete than sincere. Nationality. as We
see II to-day, had its birth in Wiz ginia, and the
sovereignty of the Union assumed shape
| through the agency Of Washington and was
| slowly perfected by Marshall both more or
| less consciously responding to natural
movement. and working In harmony with II
Next Virginia and her offspring. Kentucky.
| are passing the resolutions OF i19s, and ar
raging themselves under the standard of
| decentralization The Government then
| passes into the hands of the protestants; and
| almost at once, again In response to an under
! lying. unseen influence too strong to resist,
| the process of a more complete crystalliza-
ton enters on new phase, and as it does no
! catholic suddenly becomes protestant, and
while Federalist New Engia nd formally pro-
| nounces the Union at an end Jeffersonian
| vir ginia supplies fresh aliment to nat onaity
| Meanwhile. the unseen hand" il again at
| work. and the puppets duly respond. They
| thought. and We once thought, they were
| free agents Not at all. In the light OF de-
velopment 1t is clear to Us now that they
merely went through their motions In obedi-
| ence to influences OF the mere exist ence OF
which they were at most but vaguely con-
scious The drama was drawing insensibly
| to II crisis: the forces were arrsying them
| selves in opposing ranks on the lines forecas t
| by Madison in i7ss. With much confidence
| assert In its funda mentnls there was nc
right or wrong about II it was an inevita BILE
| rrepressible confiict-the question of sover-
| eighty was to be decided. and either side
could offer good ground. historical and legal
for any attitude taken in regard to il. That
| shield did actually have a silver as well as
| golden side.
| Historically spes king. from the close of our
second wr OF independence minonly
| known as that OF lsl2-the ebb and flow oil
the great currents Of influence had set in new
and definite channels. Gradually they as.
| suined irresist ible force therein. Side by
side two civilizations Ia Chang and Eng
were developing. North of the Potoma
| and the Ohio u community was taking shape
the whole tendency OF which was national
so much for Chang, north Of the Potoma c
and the Ohio; but With Eng. south OF those
streams, 1t was altogether otherwise. Under
the in fucncc of climate, soil and system
| Of forced Africa labor. the Southern States
irresistibly reverted to the pstrarchal con-
ditions. becoming more and more agricul-
tural: and. as Is always the case with agri-
cultural races and patriarchal communities
they chung ever more closely to their tradi-
tions and local institutions. Then Il was
that Calhoun the most rigid Of loRiciins. In
| obedience to an irresistible influence Of the
| presence and power Of which he was uncon-
| sCious-Calhoun. the urionist Of the War
| OF ~, and protectionist Of 1919. turned "a
| the Constitution he began that more dill.
gent and careful scrutiny into its provisions
in order to ascertain fully the nature and char.
acter OF our political system" Needless to
say. he there found whet he was In arch of
| Dut n similar sfrutiny WAS n the mo tins