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 farsighted 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, 9 Wheat 1-196, 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 objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several States, is vested in Congress as absolutely as it would be in a single government, having in its Constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States."

This is the cornerstone of the New Nationalism. The Federal government in the exercise of all the extensive powers granted to it, is restrained only by the express limitations of the Federal Constitution. As to these powers there are no States. The National Government and its agencies deal directly with the people of the Union.

This idea has been slowly developed and is capable of much wider application in legislation and administration than has yet been attempted. I perceive no reasonable objection under the Constitution to legislation requiring of all engaged in commerce between the States a license from Federal authority, with such requirements in respect of conditions under which such license is to be granted as Congress may think it proper to exact.

It is difficult to set any limits to this plenary authority of the nation. If the Congress shall deem it expedient to undertake the colossal task of providing, by administrative commission, similar to the Interstate Commerce Commission, for the regulation of all interstate and foreign commerce, including the control of prices, he will be a bold man who challenges the constitutional validity of such an effort, whatever may be said as to its wisdom.

Nations, like individuals, have a certain organic growth and development. In this country for fifty years there has been a constant growth of national power at the expense of that of the State. Nulla vestigia retrorsum. It has been an evolutionary process, due to changing conditions in our national life, before the realities of which, academic theories of government have been compelled to yield. This is not to say that the Constitution has been evaded. It has been rather construed in the light of changed conditions and altered circumstances.

It is not an indication of retrogression or atrophy, but rather of healthy growth and development. Progress is the essential condition of vigorous life, either individual or social.

So this tendency will continue, not to the destruction of local self-government, but to the just development of national strength and power.

We have our troubles in the body politic; yet, after all, even in this restless age, grave as they seem, they are acute and temporary and not organic.

Let us not despair of the Republic. Let us look forward with hope and confidence to her glorious future and imperial destiny. Let us all strive to do our part to secure its accomplishment. Let us cherish that simple, old-fashioned faith in ourselves and our country, through all our national struggles and trials, which our past history so amply justifies.

Let us never forget that great material prosperity, the glory of conquest and all the bright and glittering panoply of national power, cannot take the place of these higher essentials which sustain and develop individual and national character. These qualities, honesty, frugality, temperance, courage, loyalty, industry and perseverance, homely virtues though they be, established our national character and made us what we are. They are still our birthright and our best possession.

Some way, in thinking and writing of those days long ago, when, as a boy, I was deriving my first impressions, my mind recurs to those simple, almost rustic, ideas of government and national life which then obtained. We were not a great world power; we had no really great city and no great fortunes. We were largely a rural people, possibly, as Bernard Shaw describes us today, somewhat a nation of villagers. Class distinctions were not marked; gross abuses in government were rare; corruption in public affairs comparatively unknown, and an optimism untried by the national tragedy so soon to follow was universal.

The mutterings of the storm were heard, but their ominous portent was disregarded. "They jest at scars that never felt a wound." But still, though we have had our struggles, ours

has been the victory; and we are stronger, wiser, yes, and I believe better, for them.

And so my mind turns to those lines, so familiar long ago, expressing the hopeful and patriotic sentiment of that older time as well they may that of our own:

"Thou, too, sail on, O Ship of State!
Sail on, O Union, strong and great
Humanity with all its fears,
With all the hopes of future years,
Is hanging breathless on thy fate!

We know what Master laid thy keel,
What Workmen wrought thy ribs of steel,
Who made each mast, and sail, and rope,
What anvils rang, what hammers beat,
In what a forge and what a heat
Were shaped the anchors of thy hope!
Fear not each sudden sound and shock,
'Tis of the wave and not the rock;
"Tis but the flapping of the sail,
And not a rent made by the gale!
In spite of rock and tempest's roar,
In spite of false lights on the shore,

Sail on, nor fear to breast the sea!

Our hearts, our hopes, are all with thee,

Our hearts, our hopes, our prayers, our tears,
Our faith triumphant o'er our fears,

Are all with thee are all with thee."

Old Ways, or Uncertain Seas

CHARLES E. COX.

We are and have ever been a reading, thinking and a talking people, much given to a general, free and almost constant discussion of affairs of government. Each recurring four years the tide of political controversy rises, and while it ebbs between those years when we elect our Presidents, it never ceases. We complain sometimes that this is so, and that it disturbs business. But long may the day be postponed when the people generally will give ear to this complaint, and cease to think and hear and speak of public matters. One who turns the pages of our history as a people backwards and traces our progress and achievements in civil liberty and the science and practice of government, must see that what we have accomplished has been due to the great educational influence of a deep and general interest in the very business of government. All the crises of our life as a nation we have, by reason of it, passed safely and, with one exception, peacefully. Now and then questions big, fateful and dangerous, have arisen to perplex us, and discussion and controversy have been hot and intemperate and feeling bitter, but with it all we have made few mistakes and our progress has been generally forward.

This is to be a year of widespread discussion. There is not to be involved any one great and striking moral question to inflame the passions beyond the point of calm reason. But from every rostrum, in the marts of trade, in the factories, on public conveyances, on the streets, in clubs, and in the homes.