The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-09-18

AHpAlhh JbIleTbOn ana the documents
he was instrumental In introducing
into American history occupy a large
and worthy place in Safeguards Of
Liberty" an important recent contri'
button by Judge W. B. Swaney to the
history OF the growth OF American in
stitutions.
Judge Swaney's volume has just been
Issued by the oxford University Press,
American branch; II Is well printed,
attractively bound, and pertinently
illustrated with pictures OF the men
who In the authors opinion, had stood
strongest for safeguarding the liberties
Of the people of the world. Its style
is pleasing, its matter convincing, its
content well worth reading.
Although the sage of Monticello is
the outstanding figure in the book, the
achievements of Washington, Hamll-
ton, Madison and Marshall are sympa-
thetically treated from their activities
In the building and Interpretation OF
the Constitution. Judge Swaney fol-
lows John Fiske In calling them the
"But for Washington II IS very doubt
full If independence would have been
won. and 1t is probable that the federal
Constitution never would have been
adopted" he quotes from Fiske. THE
fact that the experiment of the new
government could be tried under his
guidance made quite enough votes for
1t to turn the scales in its favor, HIS
weight OF authority was also needed TO
secure the adoption of Hamilton,s
measures and to prevent the half
formed nation from being drawn into
the vortex OF European war.
Madlson's Part.
"As to Madison. he was the construc-
tive thinker who played the foremost
part among the men who made the
Constitution, besides contributing pow
erfully with tongue and pen to the
arguments which secured It's ratltica-
ton. In this work Of advocacy Ham
ilton reinforced and surpassed Madi-
son, and then in the work OF practicai
construction, of setting the new gov
eminent into operation, Hapilton, with
his financial measures, took the lead.
But the holiness OF Hamilton's policy
alarmed many people. There fWas
widespread fear that the government
would develop into some KIND OF
despotsm. and this dread seemed pres
entity to be justified by the alien ana
sedition laws. Other people were
equally afraid Of democracy. because
in France democracy was overturning
society and setting up the guillotine'
There was such a sad want or PUBIC
among the American people
between 100 and 1900 that an outbreak
NJ civil war at the end of that period
would not have been at all strange.
He Created Loyal Feeling.
ITO create the needed confidence TO
show the doubters and scoffers on the
one hand that the new government was
really a government OF the people. nv
the people, and for the people, and on
the other hand that such government
can be as orderly and conservative as
any other-ths was the noble work OF
Jefferson, and 1t was In his presidency
that the sentiment OF loyalty to the
Union may be said to have taken root
in the hearts OF the people.
zone thin more was needed, and that
was large, coherent body OF judicial
decisions establishing the scope and
Of the national government,
while stin protecting state rights. I'll
was that prince Of jurists, John Mar
shall, who. as chief justice of the
United States for one-third OF cen
fury. thus finished the glorious work, :"
The work of Mr.. Jefferson In the
Virginia general assembly, where hea
laid out the broad schedule of bills OF
rights which has been followed by
every state since virginia
first adopted them. Is very sympathet-
cally told by Judge Swaney. He shows
us how Immediately after the framing
Of the Declaration OF Independence its1
author resigned from the colonial con-
gress 10 run for seat in the Virginia
law making body, because he felt that
there was more need for him there
than In the congress. AS soon as he
took his seat. Mr.. Jefferson proposed a
codiflcation OF the laws, and was ap-
pointed a member OF a committee to-
undertake the work.
Epoch Making Statutes
II was on this committee that he
drew up the projects. at that time
looked upon as revolutionary, but now
considered as fundamental in American
law The freedom OF church and state;
the abolition OF the right of primogen-
Iture; the repeal OF the law Of entails:
the emancipation of slaves. and the
OF the death penalty for minor