, 1890-02-06
THE JUDICIARY.
Centennial Celebration
at New York.
THE SUPREME COURT.
An Instructive Address by a
Western Man.
THE HISTORY OF THE COURT.
A Review OF the More Important
Cases That the Century Has
Developed,
THE HISTORY OF THE COURT

NEw IoRH, Fob. i.--Tho centennial
celebration of the formation of the SUI
prcme court Of tho United States was
celebrated here to-day, Prominent mem.
| hers OF the bench and bar are present
| from all parts Of tho county.
Henry Hitchcock, OF IT. Louis dc
| iyered an add rcss upon tho exercise OF
tho powers Of the court since its organ.
iaation. ilc began by referring to tile
suit of the state of Florida against the
state OF Georgia, brought in tho supreme
court to determine the boundary line
between them, OF which Chief Justice
Tracy said "A suit In q court Of justice
between such parties, and upon such q
question. is witt OFT example in the
jurisprudence OF any other country,
This impressive statement, said the
speaker, illustrates, In part, tho nature,
the novelty and the dignity of the un-
oNamplcd pow,rs which that court has
exercised during the period Of an loD
years, whose auspicIous close we cclc-
brntc this day.
The supreme court exists by the ex-
press mandate Of the constitution. which
distributes the powers of government
NulNnE lNEtt ElRdN ilNlNItlUNlltNs lNN"
icrring to the prcCcpt quoted 10y Madi-
son, that the accumulation nf these
powers in tho same hands Is the very
definition of tyranny, the speaker said;
"lhe splendid, the unparalleled achieve
mcnt uf our iuteinthorS lay in their sue
CessnIl application ui that preccpt to the
problems before thCm. For not only
did they distribute among three distinct
and independent departments the pow
ors of the national government, securing
to that government absolute supremacy
within lis appropriate but limited sphere,
while also preserving to the several
states the autonomy and internal powers
essential To- their welfare; but they so
framed and established the national
judiciary, the weakest OF those
departments, holding neither purse
nor sword. strong only in the
reverence OF the people for thc sanctions
strictly exercising their judicial func-
tions in pursuance ofcstdblished rules
and principles of law, at once the
HrDitcrs Of public and private right, ana
tho bulwark Of "a limited constitution
against legislative encroachment.'
cossciGScE or THE PEOPLE.
The vast reach Of the powers of the
court springs from the great political
fact, that the government ol the Union
IL one which in all its departments
operates directly upon individuals. 10
the supreme court, "thc living voice of
the constitution," belongs the ultimate
development of the powers which that
instrument contcrs. In fulfilling its
great trust that court, in whatever has
concerned the national welfare has
stood for the con science of the people of
the United States.
Observing that the judicial power can
bo exercised only for tie determination
Of controversy brought before the
court in legal form, AMI only Of such
cases as are specified in the constitution
or some act OF congress pursuant there.
To, thc speaker alluded 10 numerous i'm.
pOr,nut cases in which the court had de-.
Cline q to take jurisdiction of political
questions, or those involving the CNpr'
else of legislative executive disCfctiuui
also referring TO the Slnurhtcrhuuso
cases or other important decisions IN
which the court has upheld the police
power of the states. Under this head,
Inc history ol the court was cpitomiZed
in the words Of Chief Justice Chase
Judicial duty Is not less iitly performed
hy declining un granted jurisdiction than
Ia exercising firmly that which tue con
stitutiuu uud laws confer
III tllt NAIsWhNlNt NNtlNlSt VI It's
puWor, tHc chict. said the speaker, Is
that ut interpreting the supreme law of
tho land. Cons der for u moment what
this implied, 100 years ago. To the
court itself tribunal without example,
was conhdCd the development or a con.
stitutiDn which had no precedent. The
constitution was itself un experiment, n
,onpromisc -- ''cNt1Ttrd,' as John
Quincy Adams said, "irOm the grinding
necessities OF u reluctant pcoplc;' tho
ppoulc of thirteen Independent states,
reluctant to- surrender on any terms,
even to q gDScTument created by them.
selves, the jarring powers which
threatened, liIs the warriors sprung
from the dragons teeth sown by Cad
mutual strife.
STATE RIGHTS.
A spirited sketch was given Of tho
great case Of Chisholm VS.. Georgia, in
which in l70l the supreme court, un.
moved by tho general excitement and
alarm, held that under the constitution
ns adopted, u state could be sued as "A
debtor in that court. This led to tho
ndoption OF the eleventh amendment.
forhidding suits to bo brought ny indi-
yiduals against n state. The vital prin.
ciplc maintained in the Chisholm cnse
of the United states within the limits of
the constitution, whatever the court
should determine those limits to be.
Tho eleventh amendment narrowed
those limits, but affirmed that principle.
The great services of Chief Justice
Marshall were described in glowing
terms. Ileacon lights of the nations
Jurisprudence, Illuminating with pro-
phrtic radiance the dark waters of The
Distant futup, those luminous iudg-
ments have shonc out, and still shine
for us aiar marking out It's course,
warning IL of perils OH either hand--the
quicksauds of legislative or executive
enchroachmcnt and the dangerous OPP
posing reefs of uncontrolled state soyer-
eighty, white with the breakers of
anarchy and civil war
A rapid sketch was given of the exer-
ciso by the court OF its great bower TO
control the Judgments of stnie courts,
and to declare void laws repugnant TO
tue constitution reference being made
to Gibbons vs.. Ogden, the Pensacola
Telegraph case, and other cases, in which
was enforced the power of congress To
regulate commerce. The DEVELOPMENT
by the court of tho great purpose Of the
constitution "to establish iusticcn was
illustrated by the Dartmouth college
ease and other important decisions MP
holding the sanctiIy of contracts and by
other Judgments, protecting the rights
of the Indians, ami determining contro.
ycrsics between states concerning their
boundaries. unexampled In tho history
of Jurisprudence are such suits, between
such parties before such tribunal.
MIR. Hitchcock also traced the devclop.
ment of the admiralty jurisdiction of
the United States, at first limited to
,'dc.water, but which, In the mastery
Judgment of Chief Justice Taney. In the
case of the Gcnesco Chief, in 1851. was
held to include 1ll navigabie inland