The Southwestern Historical Quarterly, Volume 44, July 1940 - April, 1941

Southwestern Historical Quarterly

In 1798 Thomas Jefferson feared that the Supreme Court "as
part of the federal government would side," to quote Professor
Hockett, "with the legislative branch of that same government
in any dispute with the states over their respective powers."
The decision in McCulloch v. Maryland confirmed him and
many others in the fear. John Taylor of Caroline took the
Supreme Court to task in Construction Construed (1820), and
Judge Spencer Roane of Virginia attacked Marshall's reasoning
in a series of articles in the Richmond Inquirer in 1821. An
effort in Congress in the winter of 1821-22 to set up an umpire
between the States and the Federal judiciary showed the tem-
per of the opposition there. In the eighteen twenties the strict
constructionists regarded the amending process as the safe
way of making decisions. Out of the attack came nothing more,
however, than Calhoun's theory of nullification, but one cannot
be too sure of that, as Professor Hockett points out.
But the reaction against nationalism did not stop with the
attack on the Supreme Court. Congress came in for criticism,
South Carolina and Calhoun having the role of defenders of
the states. This is the burden of the second chapter. The third
chapter, a discussion of the nullification controversy, ends the
first section of the second volume.
The preceding discussion of the first section of the volume
here reviewed will serve the purpose, it is hoped, of showing
how carefully Professor Hockett has worked. It serves the pur-
pose, also, of showing that there is no need to break down the
other three sections for the purpose of analysis. The confident
hope of this reviewer of the first volume that the second volume
would be worth while has been realized and leads to the wish
that the third may soon be off the press.
The University of Texas.
Freedom of Thought in the Old South. By Clement Eaton.
Durham, North Carolina: Duke University Press, 1940. Pp. 332.
The thesis of Dr. Eaton's Duke University centennial histori-
cal prize-winner is the transformation of Southern thought and
philosophy from the free liberalism of Jefferson to the alleged
rigid authoritarianism of Calhoun. That thesis the author at-
tempts to substantiate with a prodigious wealth of documentary


Texas State Historical Association. The Southwestern Historical Quarterly, Volume 44, July 1940 - April, 1941. Austin, Texas. The Portal to Texas History. Accessed April 18, 2014.