Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1885-06-24
VICE-PRESIDENT HENDRICKS,
His Address to The Law students of
Yale College.
The Supreme Court of the UnAted States
andsIIs Powers.

New HAVEN, Conn, june 23.-The
commencement events at Yale to-day
were the meeting of the alumni this
morning and election of two members OF
the corporation, and the anniversary ex-
ercises of the law department this after
noon. About 400 were present at the
alumni meeting.
President Porter introduced the Hon.
Thomas A. Hendricks, Vice President of
the United States. After the hearty ap-
plause bad subsidized, Mr.. Hendricks ad-
dressed the students on the subject of the
Supreme Court of the United States and
the influences that have contributed to
make it the greatest judicial tribunal in
the world. The main features of the ad-
dress were as follows:
MR.. HENDRICKs's SPEECH.
The people of the United States occu-
by to-day the first place among nations.
They are neither disturbed nor threat
ened by European dissensions. They
repose in the confidence of irresistible
power. The quiet that reigns within
her borders attests the undisputed sway
of law and order. Less than 100 years
ago they came together under the con-
stitution of common country. Why
this imposing result2 What is there about
this limited constitution of Americans
that has brought them this incompara-
Bile success in their effort for republic?
| The compact under which the States
| conducted the revolution was found to
be insufficient for the purpose of perma
nent government. A more perfect union
had become necessity The Constitu-
tional Convention at Philadelphia fol-
lowed fast on the surrender at Y orktown.
The result was an "indestructible union
of indestructible States and the govern
ment of each of the several States pos
sessing all powers of government not
delegated nor published" They put the
machinery of many governments In mo-
ton, each and all endowed with life and
will and purpose. They foresaw feUds
and controversies must arise, and that
conflicts of jurisdiction were inevitable.
The work establishing confederacy of
equal States was defective and unfinished
until a tribunal should be provided
capable Of commanding the respect and
confidence Of all parties to the union. To
make the Judiciary Independent of
| legislative aggression and executive
assumption, their terms of service were
| fixed at good behavior, and they were sub
| ject only to impeachment. Only one ground
| for criticism was found, and it would
| be difficult to substitute a better mode.
| The judges were tavorably compared with
those of England, and after reviewing its
| jurisdiction, he declared it to be the
| greatest court in the civilized world.
| The public welfare demands that when
| great questions arise the Judiciary shall
| sit in judgment, but as against the
| legislative department an injunction can
not issue; that department can neither
| be coereed or restrained. Judge Per-
| kins, of Indiana, declared as maxims of
| American jurisprudence that the con
stitution of a State relative to acts of the
| Legislature was paramount or supreme
| law; that when the two conflict the
aG.s of the Legislature must yield
| as utterly void. The Supreme
| Court of the United States passes upon
! the powers of executive departments,
| but in England the court is subject to
| the voice of Parliament. The jurisdic-
ton of the court is a tremendous power.
| 1t may say to Congress The constr
tuition forbids your action, and it shall
| not be. F"
Speaking of the legal-tender decision he
said in its nature and Importance it rose
far above any question in English courts.
1t involved the powers of Congress over
! the currency, and, it may be, the ability
of the government to provide for its own
welfare in periods Of greatest peril. In
sUch investigation the judges passed be-
yond the sphere eff ordinary judicial in
quiry into the field of statesmanship.
The next referred to Indian policy as it
srcse in a test case early in the history Of
the court, and agreed with the decision
rendered. that tribes haze rights Of self
government subject only to the constitu
ton and treaties. After the close of the
war the tendency gas to strengthen the
Federal and weaken State authority.
Much of that class oflegislation has since
been held invalid by the Supreme Court,
because the authority to enact 1t belongs
to the State and not to Congress.
Hc next discussed the relative rights
/. of the citizen under State and Federal
laws, and quoted Chief Justice Waite S
opinion that each must protect the rights
OF the citizen, but that neither could
pass the boundary line laid down in the
constitution, as the judiciary permits
of no gsprpation. The original ju-
dieial system Of the country was
completed In a few sentences, or
less than kal Z page Of printed
matter, yet this difficult work of rare
excellence had kept pace in the deVe lop-
ment of the country in its growth from
thirteen to thirty eight States.
The bar of that day was neEt eulogiged,
and he singled out as the 11iant intellects
Of the day Webster, Writ and Pinkney,
and stated that in those days argu-
ments before the bar were equally as
high in thought as the decisions behind
H. In eulogizing the present court he
sSid their fame was secured in the fame
of the court itself He then addressed
the graduating class, and cautioned them
that the future of this great ma
ton depended largely upon such
as they, and advised them to be
earnest, painstaking and true, adding
that while they might not be so great as
Webster, they might be as true, and
above all things, using the words OF
another, remember that public position
is public trust" The Vice President
at the conclusion of his address, was
! loudly applauded.
At the rooms of the Jeffersonian Club
Vice-P President Hendricks was rendered
a reception tonight, and large number
of people called to pay their respects.