The Republican. [volume] (Oakland, Md.) 1877-current, 1935-08-22
By JOSEPH B. KINGSBURY,
In the Baltimore Sunday Sun

In the Baltimore Sunday Sun
The decision of the Supreme Court
in the Schechter case is the most re-
cent reminder that the States Rights
issue was not laid to rest with the
Civil War. The truth is, of course,
that every extraordinary increase Of
Federal power since 1889 has been
followed by a reaction in which the old
slogans of States Rights" "the SOW
ereignty of the states" and local self
government" have been revived.
Marylanders need no reminder of
this. Governor Richie achieved ma
tional fame for his opposition to ma
tional prohibition, the encroachment
of the Federal Government into State
affairs through the policy of subsidies,
and other extensions of Federal power.
During the last year loud protests
have been heard from several States
against Federal "dictation" of their
financial programs. The National
Government has not only told them
how much they must raise for relief,
but has sent agents into the States to
make surveys of their financial re-
sources and capacity to pay. A few
weeks ago Senator Connally, of Texas;
and Bailey, of North Carolina, ad-
vanced some genuine "prewar" States
rights arguments in their remarks on
the Wagner Costigam anti-lynching
bill.
In this greatest of American consti-
tutional battles, few States have
played more interesting or signifi-
cant part than Maryland. A fairly
complete history of the whole contro-
versy might be traced in the writings,
speeches and careers of half dozen
great Marylanders, from Luther Mar
tin to Albert C. Richie. Probably
most people think of Maryland as
standing consistently for States
rights, but the truth is that her
Spokesman have been about evenly
divided on the issue. For every great
defender of State sovereignty there
has been an equally great defender OF
nationalism. Taking eight great
Marylanders who have been identified
with this issue, we find them lining up
as follows: States rights have been
defended by Luther Martin, Roger
Brooke fancy, Reverdy Johnson and
Richie. Strong nationalism has been
advocated by Samuel Chase, William
Pinkney, William Writ, and David j.
Lewis.
In the debates over the respective
rights of the States and the powers
of the National Government which
marked the adoption of the Constitu-
ton and the first few years of our
national history, three Marylanders
stand out: Samuel Chase, Luther Mar
tin and James McHenry. Chase and
Martin both opposed the Constitution
on the ground that it would destroy
the rights of the States; McHenry,
leader of the Maryland delegation I'M
the Constitutional Convention, signed
the Constitution and took a leading
part in the campaign for the ratiti-
cation by his State.
**+
Samuel Chase, revolutionist, pa
triot, signer of the Declaration of In
dependence, was one Of eleven mem
bers of the Maryland ratifyirg con-
vention who voted against the docu-
ment, but later became an ardent
Federalist and in 1896 was appointed
by Washington to the Supreme Court.
Bv 1900 the Federalists had lost con-
troll of both the legislative and execu-
tive branches of the Government, but
the court remained stronghold of
Federalism for many years.
As a Judge Chase seems to have
been as uncompromising a Federalist
as any. He not only handed down
several important opinions upholding
the powers of the National Govern
ment as against the States, but de-
scended from the bench to make politl-
cal speeches for the Federalist party.
In August, 1900, when the court was
due to meet, Chase was absent cleo
tioneering for Adams. Charles War
rem. in his history of the Supreme
Court, says, "His unnecessary siren
uous support of the sedition law, and
his prejudiced and passionate con-
duct of the trials of two Republi-
cans under this law * subjected
him to vicious attack"
A long speech delivered to a grand
Jury in Baltimore in 1903, in which
he bitterly arraigned the administra-
ton of Jefferson. furnished the Re
publicans the opportunity they had
been seeking. Chase was brought be-
fore the Senate in one Of the first and
most important impeachment proceed
ings in our history. 1t was probably
the brilliant defense of his friend and
protege, Luther Martin, that proven
ted his removal.