The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-24
VICE-PRESiDENT HENDRICKS.
Points from His Address Before the Gradu-
ating Glass of Yale College.

New HAVEN, Conn, June 23-The COM
mencement events at Yale to-day were the
meeting of the alumni this morning, and the
election of two members of the corporation, and
the anniversary exercises of the law department
this afternapn About 400 were present at the
alumni meeting. Judge Stanley Woodward,
class Of '55, of Wilksbarre, Pa, presided In
his address he alluded to Vice-president Hen
bricks, who was present as the gentleman who
had been twice elected to an Office which he had
filled but once.
President Porter introduced Hon. Thomas A.
Hendricks, Vice president of the United States.
After the hearty applause had subsidized, Mr.
Hendricks addressed the law students the
subject, 'The Supreme Court of the United
States; the Influences That Have Contributed
To Make 1t the Greatest Judicial Tribunal in
the World The main features of the address
were as follows: The people of the United States
occupy to day the first place among the nations.
They are neither disturbed nor threatened by
European dissensions. They repose in the con-
fidence of irresistible power The quiet that
| reigns within her borders attests the
undisputed sway of law and order Less than
one hundred years ago they came together under
the Constitution of common country. Why
this imposing resutl What is there about this
limited Constitution of the Americans that has
brought them this incompatible success in
their effort for republic9 The compact under
which the States conducted the Rev.
olution was found to be insufficient
for the purpose of permanent government A
more perfect union had become necessity
A constitutional convention az Philadelphia
followed fast on the surrender at York town, and
| the result was IAN indestructible Union. lnde-
structible States" the government of each of the
| several States possessing all powers of govern
ment not delegated nor prohibited. They put
| the machinery Of many governments IN motion,
| each and all endowed with life, and will. and
| purpose They foresaw that frauds and contro-
| versies must arise, and that conflicts of jurs-
| dlctlon were inevitable. The work of establishing
a confederacy of equal States was defective and
unfinished until tribunal should be provided
capable of commanding respect and confidence
OF all parties to the union. To make the judiciary
| independent of legislative aggression and execu-
| tive assumption, their terms of service were
| fixed at good behavior and the members were
| subject only to impeachment This was the only
ground of criticism found, and it would be diff
| cult to substitute a better mode.
| The judges were favorablv compared with
| those of England, and, after reviewing its juri,-
dction, the speaker declared it to be the great
est court in the civilized world. The public well
! fare demands that when great questions arise
| against the legislative department an injunc-
| ton cannot issue that department car
neith-r be coerced nor restrained.
Judge Perkins, of Indiana, declared
! as maxims of American jurisprudence, that the
Constitution of State relatively to acts of the
| Legislature, is the paramount or supreme law"
that when the two conflict the acts of Legis-
| ature must yield as utterly void. The Supreme
Court of the United States passes upon the pow.
| ers Of the Executive Department, but in England
| the court is subject to the voice of Parliament
The jurisdiction Of a. court is n tremendous
! power. 1t may say to Congress- the Constitution
| forbids your action, and it shall not be.
| Speaking of the lega-tender decision he said
| in its nature and Importance it rose far above
| any question in the English courts; it involved
| the powers of Congress over the currency, and,
| it may be, the ability of the government to pro-
| vide for its own welfare in periods of greatest
| peril In such investigation the judges
| passed beyond the sphere of ordinary judicial
| inquiry into the field of craftsmanship.
| He next referred to the Indian policy as it
| arose in a test case early in the history of the
that the tribes have the ght of self government,
subject only to the Constitution and treaties.
| After the close of the war the tendency was to
strengthen the federal and weaken the State
authority. Mnch Of that class of legislation has
since been held invalid by the Supreme Court
because the authority to enact it belongs to the
State and not to Congress.
He next discussed tho relative rights of citi-
ZenS under State ana EeQeral laws, ana 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 usurpation The original judicial system
of the country completed in
few sentences or less than half page of
printed matter; yet this difficult work of rare
excellence had kept pace in the development of
the country in its growth from thirteen to thirty
| eight States.
The bar Of that day was next eulogized, and
he singled out the giant intelects of the day,
| Webster, Writ ard Pinkney, anu stated that
| in those days arguments before the bar
were equally high in thought as the decisions be-
hind it. In euogizing the present court, he said
their fame was secure in the fame Of the court
| itself.
| He then addressed the graduating class,
and cautioned them that the future of this
great Nation depended largely upon such
as they and advised them to be
earnest, painstakng and true, adding that while
| they might not be great as Webster, they
| might be true; and, above all things, using
the words of another, to 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
president Hendricks was rendered Il reception
tonight, and a large number OF people called to
| pay their respects.
/