New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-05

is one which in ell departments operates directly upon
individuals To the Supreme Court 1.-THE living voice OF
the Constitution" belongs the ultimate development OF
powers which that instrument coners In fulfilling
s great trust that In whatever has concerned the
national welfare has stood for the conscience Oh the people
Of the unt,d States. (Applausc)
Observing that the judicial power be exercised only
for the determination Of controversy brought before the
court legal FORM and only OF such as are specified
In the Constitution act Of Congress pursuant
thereto the speaker alluded to the numerous important
cases In which tho court had declined TO take jurisdiction
Of political questions those involving the exercise Of
legislative or executive discretion also referring 70 the
cases and important discsions In
which the upheld the police power OF the states
Under this head the history Of the court was eptomzed
In the words Chief Justice Chase: Judicial duty is
not less Aty performed by declining ungranted jurisdiction
exercising firmly that which the Constitution anu
laws confer" (Chcers1
Mr.. Hitchcock gave an impressive summary
of the exercise Of the powers OF the court since
the civil war in cxpoundlng The CONSTITUTION
which established hundred years ago, an In.
destructible Union Of indeSuucuDle States,
adding:
The by OF that great writ OF habeas corpus
has maintained, against Executive power, the right
trial by jury has annulled eN post acto new ost
oaths and penalties imposed by Congress AID by the
States prohibited unreasonable searches or seizures
and protected the citizen against unlawful imprsoh
ment color OF the legislative power OF congress
has forbidden taxing power Of either Congress or e
states TO impede the exercise by the other OF its appro'
pirate functions government has enforced the Obligation
OF lawful contracts while declaring utterly VOID hose
intended to aid the rebellion and refusing 70 recognise
contracts privileges mprovdeny granted by State Legs
latures Interpreting those great amendments 10 the
constitution has shielded citizen and alien alike oil
every race against unequal laws and oppressive
ordinances but while UNFOLDING the power OF congress W
enforce them hy corrective legislation has dened us
right to supersede Legislatures OF the States Assert
ing the right United States both By tho legislative
and judicial power to guard the purity OF National
elections and protect the officers and agents oil the
Nation in the discharge Of every duty and uphoong e
supremacy of the general Government, within its sphere
over persons and territory and things throughout te
Unon 1t has not less firmly maintained the power anu
duty OF State within It's proper sphere, to legisate
for the welfare OF It's people In It's own comprehensive
phrase the court has held with steady and an even
hand the balance between Federal and State power
Applause)
The power Of the court has resided and must ever
dwell In the respect and unbought confidence oil
the people OF United States conscious that with them
selves sl rests destiny Of their free institutions
whose safety and endurance depend upon their own
reverence for the sanctions Of Law. (Cheers)
A TRIBUTE TO DEAD CHIEF JUSTICE.
Thomas j. Semmes, of New-Orleans spoke OF
the Personal Characters of the Chief Justices.
Said he:
ChicfJustice Waite native OF the state OF Con-
necticut and a graduate OF Yale College his ia'her
held a high judicial position in Connecticut Having
studied emigratcd Ohio. prompted no doubt by
tho sturdy independence OF his own nature lie achieved
marked In his profession, which caused MN 70 oe
made one Of the OF the United States IN the matter
Of Geneva arbitration His argument in reply TO that
Of Sir Roundell Palmer attracted some attention but nc
was almost the profession and TO the country
when appointed Chicf-Justce by President Grant in
January, 1874. lie was not great man nor was ne
born to be the leader OF had h. any great ON
bton, any Of that genius which In It's struggle lor
SUPP emacy seeks to sLrmount the world aud say IKE
Luoifer place my throne by throne Of God. But to
his afion
There is no man called suddenly into public life who
passing from his house to preside in the capita
OF the Nation over the dsnned II not the most
powerful tribunal EARTH not been changedtrans-
figured. II he has not been It is evidence Of such
hopeless mediocrity the hand OF God would
hardly be able 10 produce anything from It,
Waite was trained in the OF the law and OF the
courts his opinions do not convey the impression Of
commanding intellect, but they are clear @fse' vigorous
and judicial (Applause)
absorbed in the obligations and responsibilities
OF his office, having ambition beyond It, He was III
manner plain uratacve and unostontaous; his genial
and social nature combined with amIablc courtesy, en-
deared him to the members Of the Bar He was an up
right and impartial judge, good man and pious
Christian (Appause)
EX-MINIsTER PHELPS'S WORDS.
Ex-Mnster Edward J. Phelps of Vermont
talked about THE Supreme Court and the
Sovereignty Of the People" Part of what he said
was:
value OF all American institutions. Fortunate they
the part it will yet be the judgment
OF dspassonate history other has so completely
justified the faith Of its authors nor filled with such signal
success the purpose OF its foundation. (Applause)
What was that purpose? Not the limited original urs
dcton Of court dgnhed and important but rarely
invoked Not chiefly its ordinary appellate jurs
dcton extensive and benehcent IL Is, most desirable
vet perhaps indispensable. Not for these objects,
great though they are it placed did 1t need to be
placed singular emncnee it occupies Its principal
and largest function designed to be- as 1t has BEEN
h defence a the Constitution that sted
IT, the permanent fundamental law on which our sys-
TEN OF government depends. Applause)
The experience OF American free government has shown
that is the tendency Of its legislative branches 10 de.
crease It's judicial power TO rise in public esma
ton II has added fresh demonstration TO the truth that
old the history OF freedom, that it must lind its
safety 1t found its origin in the exertons OF those
truth better than popularity and right superior
gain and has proved again what has been proved so
often only liberty that humanity tolerate
the liberty that is under the law. (ApplauseJ
To you, especial and most honored guessJustices
Of whose nativity ceebatemore than Patres
Conscri In Republcthe bar OF this country in all
It's length and BREADTH has to-day but greeting Offer
one message convey 1t the OF their sp
preme respect their unfaerng confidence their cordial
attachment and regard The relations Of the court with
the advocates time gathered
1t have been among its happiest incidents. tApplause
1t has had the good fortune in degree TO
in spire them merely with respect, but with
been strangers and you will be. II the words Of
eulogy that ecitously uttered by brother
have touched who have before you rather
yourselves It Is because and only ecsuse they with
the dead and you still among the living Long may
that restraint seal the lips OF your eulogists Npplause)
judges will be appointed and will pass away. But
whoever comes whoever the court remains The
king NAV die but still the king survives Strong In It's
traditions by its memories, fortified with the
stoadfast support Of the profession that surrounds it,
anchored In the abiding OF It's countrymen, the great
court will 90 on-and still keeping alive through
many another century that yet the light that