Page:Challenge of Facts and Other Essays.djvu/345

This page has been proofread, but needs to be validated.
326
THE CHALLENGE OF FACTS

property of the citizen by taxes, not by begging; it created a power which could enforce treaties. Considering the anarchical condition of things and the waywardness and irritation of the public temper, it is amazing that such a step could have been accomplished.

Its opponents declared that the new Union was simply taking the place which Great Britain had occupied; that its dominion was as intolerable as hers had been; that they had only changed masters by the War. Here is the point at which we need to recall what has been said about the attitude and behavior of the colonists between 1763 and 1774. If this is done it will be seen that the allegation about the Union having come to occupy the position which Great Britain had occupied was true; it had to claim what she had claimed and to meet with the same insubordination which she had met with. One cause of quarrel with England had been the regulation of commerce; but the Constitution had given Congress the power to regulate commerce — and we are still quarrelling about what this power means and how to use it. Another cause of quarrel had been over the legal-tender paper money, which Great Britain had tried to forbid; but the Constitution forbade legal-tender paper money to the states and, as was then believed, to the Union too. It forbade the states to impair the obligation of contracts, which went farther and was more explicit than anything Great Britain had done. Where England had been very careful about coming into direct contact with the individual citizen in the colonies, the Constitution distinctly and avowedly brought the Union into contact with the individual through the judiciary and through indirect internal taxes. The necessity had been experienced during the War of frowning down any partial confederations be-