The Republican. [volume] (Oakland, Md.) 1877-current, 1935-08-22
Maryland and States Rights


tation of the Constitution, as we'll as
the considerations of political eXpe-
diency which might justify the
measure. = There can be little
danger in the court receiving the de-
cisions of Congress as strong, though
not conclusive evidence, of the extent
of its own constitutional powers. EX-
perience has shown, whot wisdom an
ticipated, that its inclination is to
abstain from the exercise of doubtful
powers"
Pinkney then went on to point out
that the tax in question was "leveled
exclusively at the branch of the Uni
ted States Bank established in Mary
land;" that it was "a tax laid for a
political purpose; for the purpose of
destroying great institution of the
National Government" and that it
was manifestly repugnant to the Com
stitution. Judge Story wrote: "He
spoke like great statesman and pa
triot and sound constitutional
lawyer. All the cobwebs of sophistry
and metaphysics about State rights
and State sovereignty he brushed
away with mighty besom."
Another Marylander who was as
ISOLATED with Pinkney in this case,
William Writ, had the distinction Of
serving as General of the
United States for twelve years, a
longer period than any other man
has ever held that office. Writ was
BORN in Maryland lat Bladensburg in
1772) and returned to Baltimore to
practice law in 1929, but his education
and his early career were in Virginia.
His brilliancy attracted the attention
of Jefferson, who chose him at the age
of 33 to assist in the prosecution of
Aaron Burr for treason. AS District
Attorney for Virginia, and as Attor-
ney-General, he was a leading
nationalist.
Roger Brooke fancy, who succeed
ed John Marshall as Chief Justice of
the United States in 1886, is properly
given credit for turning the tide Of
constitutional Interpretation from one
of strong nationalism to one of great
er consideration for the rights of the
States. His prejudice in favor of
States rights, however, has been ex-
aggerated because of two important
decisions coming at times when the
country was in a state of intense feel
ing. AS Secretary of the Treasury
under Jackson in 1888, he removed
Government funds from the Second
United States Bank. For this he was
accused of being a tool of Jackson
in a deliberate attempt to wreck the
bank in the interest of State banks.
In the bred Scott decision in 1857,
Tanye went out of his way to lay down
rule of constitutional Interpretation
favorable to States rights and against
the right of Congress to legislate for
the territories. He pointed out that
the Federal Government, acting as
agent for the State, was granted the
right to acquire new territory. "What-
ever it acquires, it acquires for the
benefit of the people of the several
States who created it. 1t is their trus-
tee, acting for them and charged with
the duty of promoting the interests of
the whole people of the Union in the
exercise of the powers specifically
granted"
Since slavery was a recognized form
of private property, protected by the
Fifth Amendment, Congress has no
power to abolish slavery in the terri
tories, and the Missouri Compromise
was therefore null and void.
XXX
Reverdy johnson, twice Senator
from Maryland, leader of the Union
Democrats during the War, Attorney
General in the Cabinet of President
Taylor, Ambassador to Great Britain
| after the war, was another brilliant
| lawyer whose career conceded with
the most bitter stage of the contro-
versy over States rights and slavery.
He came into the bred Scott case
voluntarily, he tells us, because of his
long-held convictions that the Mis-
souri, Compromise was unconstitution-
al, and Taney's celebrated opinion was
largely influenced by Johnson's argu-
ments.
During the war and the early years
of reconstruction Johnson appeared as
counsel in four famous cases involv-
ing civil rights which he held had been
unjustly disregarded by the military
tribunals. He defended Andrew John
son in his impeachment trial and pre-
vented a verdict against the Presi-
dent. Although Johnson was firm
believer in slavery, he was no seces-
sionist, and he fought strongly as q
member of the Maryland Assembly tC
hold his State in the Union column
In the period since the Civil Wal
there is no doubt that Albert c. Rit-