Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1871-11-03
Il. b. PRETTYMAN
rov,.,,,fya.
CHEVY CHASE, near Bethesda, P. o.

=
GENTLEMEN ! have TO acknowledge the reA
ceipt of your communication of the Convention
just held at Hyattstown, nominating me to the
Office of Chief Judge Of this Judicial District.
accept the honor thus conferred on me
with that distrust which becomes me, and
with the consciousness OF my present unftness
for an Office of such dignity and importance.
1t is an Office second only TO that of the SUI
prene Court of the United States. The Court
OF Appeals Of Maryland has been adorned by
able jursts; its bar has been filled by men
whose superiOrs cannot be found and lis re-
ports bear a satisfactory comparison with
those Of any other Court Of the Union.
Any man may well distrnst his ability 10
| keep up the reputation of such Court.
The history Of the Bar and Bench Of this
Circuit, which is illustrated by the names Of
the great men of Mary land, furnishes addition
al causes for that dislrust.
| But If you should be so fortunate MS to sucA
coed in your election, Of which there should
be no doubt If you work with earncstness aud
zeal, and bring out your full strength, shall
be associated in the discharge of the duties of
the Court Of Appeals with men Of large tx
perence culture, and learning who will not
pemit any error of mine 10 do much harm
and on the Circuit Bench with gentlemen who
have for years, in YOUR immediate presence,
discharged the duties Of their Office to your
| full satisfaction, and TO their own credit and
honor.
1t is an Office not TO be sought, nor declined
but il often has to treat with constitutional
questions of great moment, affecting the life Of
the nation through individual cases for, un-
der the complex form Of the Government UNI
der which we live, aud where occasionally, by
the violence of party, and sometimes from
accidental causes conflicts Of jurisdiction arise,
it is thrown upon the Judiciary Of The States
TO determine for themselves their own jurisdc-
~. .I.l Al.
the United States, lest II bc swallowed up In
that of the Federal Courts. And there are also
questions power touching the liberty of the
citizen, the rights Of property, and certain so
cial relations, which have arisen, and may
hereafter arise, and upon which you should
know where your nominee stands
In brief let me say, the Federal Government
is Government of limited powers created
by written constitution, which nj The same
time that il in terms limits the powers Of the
Federal Government. In specific words reserves
10 the States and the people Of the States all
powers not 20 granted and II behooves the
people Of the states, and the Courts admin
istering their laws, 10 see that this Constitution
does not receive a construction so liberal as 10
break down ali the barriers Of these limita-
tions, and repeal the reservations in favor Of
the people and The several States.
The same Constitution guarding the rights
Of the citizens, provides the safeguard Of the
writ Of habeas corpus, the right 10 which can
only be suspended in time Of war, &C., by an
Act Of Congress- md denial Of which by any
judge should be made ground for bis impeach-
mcni.
In like manner Congress is MS much bound
rs the States not 10 make anything but gold
and silver lawful tender in pay ent Of debts,
or to pass any act impnring the obligation Of
contracts.
Every act passed for making paper or any
other representative Of money a legal tender Is
against these clear prohibitions Of the Cousii-
tuition, and until a paramount judicial inter-
probation to the contrary is given by The SUI
prcme Court Of the United States, the State
Courts are bound so TO decide.
These are my opinions on some Of the
mootcG questions Of judicial construction Of
the powers relatively Of the States and Of the
Federal Government upon which should be
explicit.
Firn The rights Of the States as sovereign.
Second The freedom Of the citizens as secur-
ed by haheas corpus.
Third. The nyioiabiiiy Of contracts.
There are others looming up and acquiring
great significance and importance touching
The power Of the Federal Government as TO
internal improvements, and their right TO APP
lands in the States TO the use of rail-
road companies and other corporations, and
touching the power to interfere In the domes-
NC reiatlons, anu tue tlknls OF properly OF mo
citizens Of the several States. which, il judi
cially sanctioned. will tend TO absorb all the
sovereignty of each separate State, and create
one great central, consolidated government TO
which the several States will hold no higher
relations than that Of counties.
Perhaps have said more now than was 1T
ting or proper but on these great matters,
" hich are in no sense political il seemed right,
If not necessary. that you should understand
the positions hold.
The nomination you have made is peculiar.
ly gratful TO me under the circumstances, and
can only hope and strive so to acqnit myself.
II elected that no injury shall come TO you and
no faint Of discredit ilil upon me in the dis
charge Of the duties Of the high Office to which
you propose TO call me
am with great respect,
your most obedient servant.
JOSEPH II. BRADLEY.
To Q noHsEY, Esq;s COMMITTEES, &c.