The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1885-07-01
YALE-S COMMENCEMENT
Vice President Hendricks Address to the Law
Students
n Splendid EuIOgy of the supreme Court
An Able Review of the Events which
Preceded Its Establishment by
Giant InteIIect-.

NEw HAVEN, June 23-President Porter in
troduced Hon. Thomas A. Hendricks, Vice
President of the United States After the
hearty applause had subsidized, Mr.. Hendricks
addressed the law students on the subject OF
the supreme Court of the United States,
and Influences that have Contributed to
Make 1t the Greatest Tribunal in the World"
The main features of the address were as fol-
lows: The people of the United States occupy
to-day the first place among nations. They are
neither disturbed nor threatened 10y European
diSsenSionS. They repOse in the confidence
of an irresistible power. The quiet that
reigns within her borders attests the undispu-
ted sway of law and order. Less than one
hundred years ago they came together under
the constitution OF a common country.
Why this imposing result? What il there
about this limited constitution of Americans
that las brought them this incompatible
success in their efforts for the republic? The
compact under which the States conducted
the Revolution was found To be insufficient
Tor the purpose of a permanent government,
"a more perfect Union had become ncceS-
Sity. The constitutional convention at
Philadelphia followed fast on the surrender
of Yorktown. The result was
''AN INDEsTRUCTIBLE UNION, INDESrRUcTIBLE
STATES,
and government of each of the several States
possessing all the powers of government not
delegated nor prohibited. They put the
machinery OF many gOvernmentsi in mo-
ton. each and all endowed with life and Will
and purpose. They fOreSaw that feudS and
controversies must arise and that conflicts of
jurisdiction were inevitable. The work of
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 of
4la he. L
dent OF Legislative aggression and executive
assumption. their terms of service was fixed
at good behavior. They were subject only To
impeachment. Only one ground of criticism
II found, and it would be difficult to substi-
tUIte better mode.
COMPARISON WITH ENGLISH TRIBUNALS.
The judges were favoraby compared with
those OF England, and after reviewing its
jurisdiction he declared it to he the greatest
court in the civilized world. The public wei
fare demands that when great questions arise
the Judiciary shall sit in judgment, but as
against the Legislative department an I'M unc-
ton can not issue. That department can
neither be corrected or restrained.
A TREMENDOUS POWER
Judge Perkins, of Indiana declared a
naxims of American jurisprudence that
1.-THE Constitution of the State relatively To
the acts of the Legislature is paramount or
supreme law that when the two conflict,
the acts of the Legislature must yield as
utterly void The Supreme Court of the
United States passes upon the powers of the
executive departments, but in England the
Court Is subject to the voice OF Parliament.
The jurisdiction of the Court j. IA tremen-
dOus power Ii may say To- Congress; The
Constitution forbids your action. and it
shall not be-"
THE LEGAL-TENDER DECISION.
Speaking of the legal-tender decision he
said that in * and inn. II rosa
tar above any question in the English Courts.
1t involved the power of Congress over cur
rency. and, it may be, the ability OF the GOV
eminent 10 provide for its own welfare in
periods OF the greatest peril. In such inyeS-
tigatiOn the Judges passed beyond the
sphere OF ordinary judicial inquiry into the
field OF craftsmanship. He next referred to
the Indian policy n il arose i'm test case
early m the history of the Court, and agreed
with the decision rendered that tribes have
rights of self-gOyernment 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.
Much OF that class of legislation since has
been held invalid by the Supreme Court.
because the authority to- enact it belongs to
the State and not to Congress.
RIGHTS OF THE CITIZEN.
He next discussed the relative rights OF the
citizen under the state and Federal laws. and
quoted Chief Justice Waite's opinion that
each must protect the right of the citizen.
hut neither could pass the boundary line
laid down in the Constitution judicial.
Ii permits of no u>urpatiOn of 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 i'm develop
iHent al the country in its growth from thir
teen "a thirty-eight States.
GIANTS OF THE PAST.
The bar of that day was next eulogizcd
and he singled out as the giant intellects of
that day Webster and Pinckney, and stated
that in those DAYS the arguments before the
bar were equally - high in thought the
} decisions behind it,
In euiogizing the present court he said
their fame was secured in the fame OF the
Court itself
/ ADVICE To THE GRADU ATEs.
He then addressed the graduating class
and cautioned them that the future of this
I great nation depended largely upon such a.
they and advised them To be earnest. pains
taking and true, adding that while they
might not be a. great as Webster they might
he a. true. And above all things using the
words Of another. remember that public POI
sition j. public trust"
The Vice President at the conclusion of
his address. was loudly applauded.