Savannah morning news. [volume] (Savannah) 1868-1887, 1885-06-24
EARTH'SG SGREATESTCOU
HENDRICKS GROWS ELOQUENT
AT YALE'S COMMENCEMENT.

This Country's Highest Judicial Tribu-
nal Declared to be Foremost In All
the Civilized WOrld-The Necessity
which Led to it's establishments and
High Standing,
NEW HAVEN, June 23.-During the
Yale commencement exercises to-day.
President Porter introduced Hon. Thomas
A. Hendricks, Vice President Of the Uni
Ted States. After the applause which
greeted him had subsided, Mr. Hendricks
addressed the law students, and large
audience present, on the subject If 'eThe
Supreme Court of the United States and
the influences that have contributed to
make it the greatest judicial tribunal in
the world" The people of the United
States, he said, occupy to-day the
first place among nations. They
are neither disturbed or threatened
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 100years ago they came
together upon the constitution Of a COM
mon country. Why this imposing result?
/ W nav 10 llCI6 dbbub IulS CO0sbl-
tuition of Americans that has brought
them this Incompatible success in their
effort for the republic?
STRENGTHENING THE COMPACT.
| The compact under which the States
! conducted the revolution was found to be
insufficient for the purpose Of permanent
/ government. GA more perfect union"
! had become a necessity. The cOnstitu-
! tional convention at Philadelphia fol-
| lowed fast on the surrender of Yorktown.
! The result was an ''indestructible union
OF indestructible States" and q govern
ment OF each of the several States 'pos-
| sessing all the powers of the government
! not delegated nor prohibited" Tney put
/ the machinery Of many governments in
motion, each and all endowed with life
and will and purpose. They foresaw
/ that feuds and controversies must arise,
that conflicts Of jurisdiction were newt
able.
THE HIGHEST TRIBUNAL.
The work Of establishing a confederacy
Of equal States was defective and un-
finished until a tribunal should be pro-
vided capable of commanding the respect
and confidence of all parties to the union.
To make the judiciary independent of
legislative aggression and executive as
sumption, their terms of service, sfXed at
good behavior, were subject only TO inn
peachment. Only one ground of criticism
was founded, and it would be difficult to
substitute a better mode. The Judges
were fayOrably compared with those Of
England, and after reviewing its jurisdic-
tiOn, the speaker declared it to be ''the
greatest court in the civilized world"
DEsANDs OF rHE PUBnC WELFARE.
The public welfare demands that when
great questions arise the judiciary shall
sit in judgment, but as against the legis-
latiye department injunction cannot is-
sue. That department can neither be
cOerced nor restrained. Judge Parkins,
Of Indiana, declared, az maxims in Ameri-
can Jurisprudence, ''that the constitution
of State relatively TO the acts of the Lagis-
lature, is the paramount or supreme
law; that when two acts of the Legislature
conflict they 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 is a tremendous
power. 1t may say TO Congress the con-
stitutiOn forbids your action, and it shall
not be-"
THE LEGAL TENDER DECISION.
Speaking of the legal tender decision
be said: ''In its nature and Importance 1t
rose high above any question in the Eng
lish courts. 1t involved the powers Of
Congress over the currency OF The country
and, it may be, the ability OF De govern
ment to provide for its own welfare in
periods Of the greatest peril. In such In
vestigation the Judges passed beyond the
sphere of ordinary judicial inquiry into
the field of statesmanship."
Mr.. Hendricks next referred to the In
dian policy as it arose in test case early
in the history of the court, and agreed
with the decision rendered that tribes
have the rights of self-goyernment, sub
iect only to the constitution and treaties.
STATE RIGHTS.
He next referred to the decision validat-
ing the Maryland statute in an attempt
OF the city OF Baltimore TO collect taxes
from branch OF the United States Bank.
After the close of the war the tendency
was 10 strengthen the Federal and weaken
State authority. Much OF that class
OF legislation has since been
held invalid by the Supreme Court be-
cause authority 10 enact it belongs to the
State and not to Congress. He next dis
cussed the relative rights of a citizen un-
der 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 jul
dicial permits Of no usurpation.
THE ORIGINAL JUDICIAL SYSTEM.
The original judicial system OF, the
country was completed in few sentences,
or less than half a page Of printed mat
ter, yet this difficult work Of rare excel
lence bad kept pace with the development
OF the country in its growth from thirteen
10 thirty-eight States. The bar Of that day
was next eulOgized, aud he singled out as
the giant intellects OF the day Webster,
Writ and Pinckney, and stated that In
those days arguments before the bar were
equally high In thought as the decisions
behind it. In eulOgiZing the present
court Mr.. Hendricks said that iheir fame
IS secured In the fame of the court itself.
Addressing the graduating class, he eau
toned them that tae future Of this great
nation depended largely upon such as
they. aud advised them 10 be earnest
palnstaking aud true, adding that while
they might not be 10 great NJ Webster,
vet they might be as true, and, above all
things, using the words Of another, re-
membef "that public position IL a public
trust.0 The Vice President, at the con-
ciusiOn OF his address, was loudly ap-
plauded.