The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
The case of McCulloch _vs_. Maryland, in 1819, denying the right of
a State to tax a branch of the United States bank, afforded the court
an opportunity of dwelling upon the implied powers in the Constitution
and of giving judicial sanction to the various legislative acts already
done under them. To charter a bank was not among the powers given to
the National Government, but was "implied," as Marshall held. The
decision gave great offence to the particularists and called general
attention to this silent Union-making factor. Various Southern writers
took up pens against this new menace to individual rights. Some State
Legislatures adopted protests. Madison alluded sarcastically to the
"projectile capacity" of the court, whereby it extended the power of
Congress from the exclusive jurisdiction reserve of ten miles square
constituting the District, even to the uttermost parts of the country.
The "twistifications" of Marshall, said Jefferson, showed how
dexterously he could reconcile law to his personal biasses. Indeed,
Jefferson confessed that he did not look for unbiassed opinions between
the National Government, of which the court was so eminent a part, and
individual States, from which they had nothing to fear. "They are then
in fact the corps of sappers and miners," said he, "steadily working
to undermine the independent rights of the States, and to consolidate
all powers in the hands of that Government in which they have so
important a freehold estate." He could see no hope for the future.
Even more would he have despaired if he could have known that this
silent factor in making the Union was to continue until the eighty
years of John Marshall's life were ended, before a strict
constructionist could be appointed to the head of the court and bring
its decisions back to the confines of individualism.
[Illustration: JOHN MARSHALL Chief Justice of the United States, 1801-
1836.]
CHAPTER XX
FULL FRUITS OF AMERICANISM
It is simply a deduction from facts given in the preceding pages to
say that by 1825 the trans-Alleghenian region had come into its own.
It was sufficient to itself in population, resources, and leadership.
The premiership of the Atlantic plain had passed. Foreign relations
were secondary to domestic concerns. The Monroe doctrine was called
out by foreign menace. It was voiced by Eastern statesmen; but it was
based upon the support of the inland people, who had nerved the
Administration to the War of 1812.
The fidelity of the Western people was no longer questioned. The Union
cherished their interests and they supported the Union. Their dealings
were almost exclusively with the Federal Government and not with the
States. The public land, from which their homes had been secured and
their States largely formed, was administered by the central power and
entirely for their accommodation. The land policy of the Government
was unselfish to a marked degree.
Public-domain text, read in full here on John Shaqi.
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