The Republican. [volume] (Oakland, Md.) 1877-current, 1935-08-22
FIXED BETWEEN NORTH AND SOUTH,
1T HAS SUPPORTED BOTH SIDES

@NN-N'
of the Country, which would have
set up far more centralized Govern
ment than we have today.
*&%
When the Maryland Legislature met
in November, 1887, it asked the dele
gates to report upon proceedings of
the convention. Martin laid before
them a powerful paper opposing the
Constitution. with force of STYLE
says Nevins in his history of the early
State governments, "the Attorney
General argued that the government
proposed was not really a Federal
government; that the small States,
like Maryland, were inadequately pro-
tected against entertainments, and
that in a nation so extensive and i'm
bued with such political traditions as
America liberty would be impossible
when energetic State governments
were destroyed" 1t is said that many
years later Calhoun used to recur to
Martins arguments.
Like Chase, Martin later became a
Federalist, perhaps because of his
extreme dislike of jefferson, but to-
ward the end of his career he returned
to the defense of States rights. AS
Attorney-General, Martin, rs years
old, but strong lawyer despite a
half-century of excessive drinking"
represented the State in McCulloch VS..
Maryland, denying that Congress had
any authority to create a national
bank. He showed by historical evil
dence that the power now claimed by
Congress was suspected by the oppon-
ents of the Constitution, but denied by
it's supporters, including John Marsh
all himself. "Now," said Martin, "we
are asked to engraft upon it (the Con-
stitution) powers which were
disclaimed by them (the advocates of
the Constitution) and which, if they
had been fairly avowed at the time,
would have prevented its adoption"
XXX
From 1900 to 1860 the States right
battle conferred around the bank, the
tariff, notification and many other
issues, eliminating in the great con-
fict over slavery and the right of
secession. Four great Marylanders,
leaders of their profession, were
prominent in this period. Two were
identified with States rights; Chief
Justice fancy and Reverdy Johnson.
Tow others, William Pinkney and
William Writ, were pillars of
nationalism.
No case in our constitutional his
tory has presented more clearly than
McCulloch VS.. Maryland the funda-
mental issues of States rights versus
the implied powers of the National
Government. The first United States
Bank, Hamilton's project, had been
strongly opposed by the anti-Federa-
lists, and when its charter expired in
1911, the Jeffersonians then in power
had prevented its recharter. "In
spite of it's proven services to the Gov
eminent and to the business public,
says Warren, "the bank had become
an object of general odium, due part
ly to the fact that it was under al
most complete control of the Fedora
lists partly to the fact that
its stock was largely held by British
and other foreigners, and partly to
the extreme jealousy of the State
banks"
But the financial stress of the War
of 1912 had forced the Republicans
to charter a second band. A branch
of this bank had been established in
Baltimore. In 1918 the Maryland
Legislature imposed a tax on the
notes of every bank not chartered by
the State. The cashier of the bank
McCulloch, refused to pay the tax
The highest court of Maryland up
held the act, and the case came to the
| Supreme Court in 1919. Six of the
greatest lawyers in the country were
retained to argue the case: for the
United States, William Pinkney, Dan
iel Webster and Attorney-Genera
William Writ; for the State of Mary
land, Luther Martin, Joseph Hopkin'
son, of Philadelphia, and Walter Jones
/ ###
Pinkney's argument, which LASTED
three days, was an impressive state
ment Of the reasonableness and neces
sity of a Government with adequate
powers to deal with all nationa
affairs. ''The State governments" HI
declared, care not the authors ant
creators of the National Constitution
1t does not derive its powers from
them. They are preceding in poin
of time to the national sovereignty
but are postponed to it in point o
supremacy by the will of the people
The powers of the National Govern
ment are the great imperial power
by which nations are known to on
another. = If the respective power
of these two governments interfere