Page:A Historic Judicial Controversy and Some Reflections (Gregory, 1913).djvu/16

194 titanic and awful struggle a recreated nation, consecrated and dedicated anew to the ideal of liberty and equality before the law.

To attribute the growth and expansion of national power wholly to the Civil War and its effects, would be to pursue a false philosophy. Before the war those unifying influences, now so fully developed, by which transportation and free communication have been so marvelously increased since the foundation of our government, had begun to operate. We are now one people in a sense that was not only physically impossible, but mentally inconceivable, when the Federal Constitution was adopted. It is an impressive and overwhelming fact that our population, then but three millions, has increased to ninety millions. It is, however, of more significance in this connection that our great metropolis now has a population more than fifty per cent in excess of that of the thirteen original states; while the time occupied to travel from that metropolis to the Golden Gate of the Pacific hardly exceeds that occupied by Thomas Jefferson in his journeys from Monticello to Washington; and communication between nearly all parts of our extensive domain by the miracle of electricity has become practically instantaneous. Every day the incidents of national import are, by the wonderful agencies of the press, gathered up and simultaneously communicated to all our people. In all matters of National sovereignty, state lines are vanishing lines; and without objection and, indeed, almost without comment, powers are now exercised by the General Government which would never have been even hinted at fifty years ago. Yet, if the opinions of John Marshall, that profound and far-sighted statesman and jurist, are examined, there will be found, clearly enunciated, those fundamental principles of organic law, which amply justify the most extensive modern claims of Federal authority. Indeed, all that can be justly conceded to the New Nationalism is plainly expressed in these memorable words, found in his opinion in Gibbons v. Ogden, where he was discussing the Commerce Clause of the Constitution:—

"This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution. These are expressed in plain terms, and do not affect the questions which arise in this case, or which have been discussed at the bar. If, as has always been understood, the sovereignty of Congress, though limited to specific