Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-06-27
JUSTICE MATTHEWS, GRAFTON.
The Learned Jurist's Remarks Befol
EAI..

The Learned Jurists Remarks Before
the Law school.
New HAVEN, CnSN., June 27.-Associate
Justice Stanley Matthews, of the United
States Supreme Court, delivered the ora
ton before the Yale law school yesterday.
Mr.. Matthews commanded close attention
and won frequent and hearty applause In
the course OF his remarks he said ''The
present year closes the first century of ou,
national existence. One hundred years
ago the constitution of the United States
had been ratified by the number of state:
necessary to the establishment, and the
preliminary steps for the organization OF
the government formed by it had been
taken. 1t has been century of great acti.
witty in every sphere of human life. and oi
great progress. 1t has witnessed q surpris-
ing development of our political nstitu.
tons In the rush and hurry of the tor.
rent of contemporary life, which every
moment bears us onward the time seems
fit to pause for brief retrospect and reflec-
ton.
Speaking of the judicial power OF the
United States, Mr.. Matthews said: There
was no maxim more familiar to the minds
of the great man who framed our constitu-
ton than that which lodged the safety OF
civil and political liberty in division OF
the power of the Government into three
great epartments--legislative executive
and judicial. 1t was supported by the
authority of al great writers on the sub
ject OF government; it was the lesson
taught by the history of all the memorable
struggles against despotic power; it was
deeply impressed on the minds of all
thoughtful and intelligent peoples it was
steadily kept in view in every scheme and
proposal to strengthen and improve the
political institutions of the country. On
the one hand, the necessity was universally
recognized of establishing the unity OF
national power for safety against foreign
snemies and to insure domestic peace;
And on the other band, the jealously was
equally great to provide, by checks and bal.
ances in the frame and constitution of
Government for the whole security and
protection against unlimited and arbitrary
power for all subject to its encroachments,
whether in the management of purely local
concerns by the agency of State Govern
mentst or in the enjoyment of those rights
which constitute personal freedom TO every
individual. The principle according 70
which the Supreme Court in the admins
tration of justice. pronounces upon the va
lidity of the legislation of Congress and OF
the State Governments, seems TO confer an
extraordinary power upon that tribunal.
and has always constituted a puzzle to for.
eign students OF our institutions. 1t is in
deed anomalous as being without precedent
in the public law of any other country.
Particular misoonstructions and contra
ventions of the will of the legislature may
now and then happen, but they can never
be so extensive as TO amount to an ineon-
vonience, or any sensible degree to affect
the order of the political system This
may be inferred with certainty from the
general nature OF the judicial power; from
the objects v which it relates; from the
manner in which it is exercised; from the
comparative weakness, end from its total
incapacity to support its usurption by
force.
And the inference is greatly fortified by
the consideration of the important consti
tutional check which the power of institu-
ting impeaehments in one part of the legis
lative body and Of determining upon them
in the other, would give to that body upon
the members of the judicial department
This is alone complete security" Mr..
Matthews concluded his address by citing o
number of incidents showing that an ap-
peal to the sovereign body of the people
will remedy any social or political evil that
may be supposed TO arise from abuses OF
legislative power.