Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-12-14
SATURDAY. . DECEMBER II, 1889
of-Jnstico Tnller's Grafton.

Chict-JOStlcc nlitI > OIttspI
The Grafton of ChiefJusticc FULLER be-
fore the two houses Of Congress on We'd
nesday last on the occasion Of the cerc-
monies in commemoraiion Of thcinaugura-
ton Of GrorGY WASHINGTON as first Presi-
dent Of the United States will attract the
attention Of all persons who keep an eye
10 passing events rs foroshadOwing future
ones. The highest eulogy that could be
pronounced upon the Grafton would he to
say that it was worthy of the occasion;
and this high praise can, we think, be be-
slowed upon il: The Chief Justice could
not have found time 10 prepare such
paper If he had not been what Lord BACON
called "a full man.
In reading this Grafton we endeavorcd to
find between the lines some hint telling us
what the Chief Justice thought rs to the
nature OF the government set in motion by
GroHGF WASHINGTON and his colleagues,
and as TO the changes in its nature, If any,
which had been effected by the decisions
of the courts the lapse Of time, and the
war between the States. Here Is passage
worth quoting:
Washington and his colleagues were
familiar with prior forms OF government
and their operation, and with the spccula-
tiuTs of the WutCs upon the SUBJECT.
They were conversant with the course OF
the Revolution If loss. the then triumph OF
tuhlic opinion. and the literature of TINT
period. They accepted the thesis at Locke
That ae the true end of government ls the
material prase rVallo9 of the lives, liberties,
and estates OF the people, government
which uvalcs these rights Is guilty OF a
breach of trust, and can lawfully Ice set
aside
Notice that language. The fathers Of the
republic held that q government could be
i1,rfiVy set aside" He does not say 10y
revolution and law. bat "Mwlully.' Each
reader VIII put his own construction On
those words If the Chief Justice. What
ever may be their meaning. they of course
do not mean that any State NOR mas the
right t. withdraw from this Union. lie
possibly would not like them TO he con-
strued as meaning that any State cr0' had
the right "a sooede. We know TINS much
at least-that they satisfy rs that Chief
Justice FULLER has a Judicial mind. He Is
cautious i'm expressing himself, rs he ought
70 DE. Perhaps some light may be thrown
upon the passage Quotedby citing another.
The Chief Justice says:
"And here the Federal judiciary was in
terposed as a coordinate department, with
power 10 determine when the limitations
OF the fundamental law We're tTansgTessed.
Without an exact precedent the creation
Of a tribunal possessed of that power Was
the natural result of the existence OF q
written constitution, for 10 leave 10 the IN
strumentalities bv which governmental
power is exercised the determination of
boundaries upon 1t would dispense with
them altogether.
This has Jeffersonian ring. 1t reminds
us of the resolutions of 1873, which as
serted the same or a similar tTuth-nMnely,
that the States were the rightiul judges as
10 infractions of the compact Of union or
Constitution. The party guilty Of the in
fraction could not be allowed TO Judge.
The Chief Justice seems to mean in this
latter extract to assert the right Of the Su-
preme Court to decide a question as be
tween the States separately and the United
States. But how could tho Court enforce
its DEGREES in such crisis Is that OF
1851 for example: In fact the Court
did decide during the war that
courtsmartial could not be held IN
State which had not attempted to secede
from the Union: but in spite of that de-
cision MuIIGAN and his fellow sufferers
would have been hanged III Illinois-a non
seeded Staie-if the war had not come to
an end ia 1865. Inter 05ma silent leqes The
courts are mere dummies when war is go
ing on. Their DEGREES are as useless rs
Quaker guns If, therefore. the Chief
Justice means to say that the southern
States ought in 1861 20 have submitted
their cause fo the Supreme Court, he makes
suggestion without value or merit.
In othor places are hopeful declarations
namely, the following:
Undoubtedly the effect Of these later
amendments was 60 increase the power on
Congress, but there was no revolutionary
change. Ii is as true OF the existing GOV
eTnment - 1t was of proposed govern
Inent that 1t must stand or tdll with the
State governments.
Added provisions for the protection Of
personal rights involved to that extent al
ditional powers. but the essential element
of the structure remained unchanged"
Yet that appeal was fortunately so long
DELAYED that when II came the civil war de-
termined the pcrpetuitN ana lnulsSpiuhlil-
u of the Union. without the loss of dis
tinct and individual existence or of the
right of self-goyernment by the States
The Chief Justice does not believe in a
paternal Government lie says that 1t Is
the duty Of the people to support the Gov
eminent. not of the Government to sup
port the people. lie would not look with
much favor upon the BLAIR bill, we infer,
which, however, may never come before
him.
The Grafton is long one-but not too
long-say, whole page Of the Dispatch.
The Chief Justice had grand subject, and