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

ngtOn.
court snd the day We celebrate had become an &C.
complished fact. (Applause)
Mr. CHIEF Justice Of the United States and gentlemen,
the Associate justices OF the Supreme Court OF the United
States welcome you in behalf OF those VINO arc mere
assembled representing the executive and legislative DEPART
ments OF the Government National and State, the Bench
ana Bar Federal and State Courts whose selected
delegates have gathered here from Maine to California
and people OF the United States the eest ana happss
in the world. (Appause.)
Vested with extraordinary powers never before contem.
plated yet conferred any other Judicial body
you the ultimate repository OF the rights and liberties
Of the people, the conservative restraining force that can
curb unlawful executive action and abroeate unconst'
tutional legislative enscments without arms ammunition
treasury at your command and to your glory be IL
said power has not abused by you or resisted o
STATE In your judgments you have verified the
declaration Of Cicero justice Is obedience to the
written law which superior to the magistrate as the
magistrate is superior to the people. You have proved
nothing is law that not and where In aro
Instances you have found that tho reason had faned
you have exhibited the highest nobility that mankind
capable of In acknowledging your error and In reversing
your own decisions. (Cheers)
ORIGIN OF THE SUPREME COURT.
William Allen Butler spoke about The origin
of the Supreme Court Of the United States ana
its place in the Constitution" He said In part
The fact is conspicuous that the leader OF American
Independence fastened upon the idea OF substituting lor e
loose compact Of the Confederation Union OF the States
based the absolute sovereignty OF the people ana Inc
by separate States Of all powers needed 10
constitute national government without trenching on the
rights reserved TO the States root and groundwork Oh
complex idea the establishment OF some system p
which the organic law United States and the statutes
Of Congress should be the supreme law OF the a
binding everywhere and enforceable everywhere TO the
minds became clear that II justice is the basis OF society
10 must be administered as to control society oy
GENERATING upon all it, men brs and where separate States
should agree out OF their own sovereignty the
powers needed up government for ALL the grant OF
powers ample to make their exercise ehectual
While the power OF each State to punish violations OF
its laws and the contracts OF It's citizens ana
maintain oil the ends OF government within It's own territory
be exercised by State courts and judges and officers
without Interference like absolute power In the federa
Government must 90 hand hand with the delegation by
right regulate ali those matters which
within tho circle OF the enumerated powers OF
tie United States The National Government must be as
competent 70 punish crimes forbidden by its laws aud TO en-
force the judgments declared by its courts the States
within separate boundaries in respect TO their own
local and the jurisdiction of their local courts More
than this the true sphere the National jurisdiction hav
ing established. state should have power TO
mako any contact with the organic law, or with the
s;autcs realm, and still further, the National
Congress tscf should have TO invade the Cons
tstion by any enactment oatraYening It's provisions ZAP
plause)
In light OF the researches stimulated by the revival
OF Interest in American ideas which marks this Centennial
epoch have to how largely the principle OF
growth development which nhrres In every onward
movement of the race was work the unfolding Of
orr organic The Federal Constitution was In great
part result Of what had before In the making OF
Colonial local governments and OF the states ana OF
the Confecracy the capitalization OF elements
which needed only agitation OF crisis 70 set
IN foreoTdeincd and symmetrical shape. Much OF the
work Of the convention adaptation and adjust
Of existing methods under welrecognized ana "a
milar principles. (ApplaUso.)
But the matter Of the judicial power what the trainers
Of Constitution did specially their work orig
ial ard unique The doubtless in that sense
justice aad Of the preservation and enforcement OF
individual rights which had taken such firm root in the
earliest American communities. but no local growth had
been tnc equivalent in separate sphere or the
type any attempted organization OF this complex and
r-rcachne set In order BY the Constitution This
work not adaptation but creation the workmcn were
nOt only experts but inventors. They came together
With full and long and complete preparation for a task
which. grew their hands, gave the stimulus and
Inspiration FOR execution which ouran their first inven
tion. but not beyond their wisdom. (Appause)
1t the standing Of British statesmen that
so many Of the leading coonlsts were lawyers each one
thinking himself competent to hold brief against the
Crown and Parliament and ready TO join issue on every
assertion Of the power and the coOniss who were
lawyers fancyins themselves statesmen crazed with
what Shrewsbury Pitts Irish Nctroy, described to him
as the 'msnla for state making"
These colonial jurists and pubicsts had organized
revolution the basis Of constitutional right; they had
brought ont Of The chaos Of revolt the order OF the con
federation the first crude conception Of the union OF the
States they had transformed the States of the Con-
federation from communities in rebellion against SOW
eregn into sover'igat's in their right; they had
Wagcd successful and had made honorable peace
ana during all these years OF struggle and Nicssitude
they had been profound students OF the problems Of liberty
As secured by law and Of law the cOnservator OF
liberty. (Checrs)
1he striking element in the powers granted is
at which clothes the ud ciary with the reh TO annu
cgsstlye enac'ments. Even as to this power 1t has
len said that the Supreme Court has prototype in
history"
well powers granted have been exercised, the
history Of The Fed; raj judiciary attcts. In its great
task Of bringing the bches:s Of tho Constitution to bear
conflicting rights OF sultos under the laws Of the
Cnon and the laws Of the States its records through all
these hundred years ilusrOus exhibit Of that
impartial and wise discrimination which constitutes the
highest element judicial wisdom If any intelligent
student institutions has any lingering doubt
the safety Of the reserved rights of the States OF this
Union affected by the jurisdcton OF the Supreme
Court let him the latter opinions OF te Court
Constitutional questions arising since the adoption OF
the Fourteenth Amendment by which the rights OF citizen
chip and citizens all the land over have been estab
sbod their and final basis OF constitutional
guarantees viii rise from their perusa disabused
Of his doubts ene perhaps at the extent to which
so after the long and bitter conflict in which tho
integrity supremacy the nation has been tried and
tsted and made the strong hand Of the supreme
judiciary upheld the exercise by the States OF
disputed powers, but refreshed with OF the
abiding strength and wisdom Of system OF government
rigid enough hold In union all these separate States
nation, and yet flexible enough to leave unimpsred the
true autonomy Of each. (Applause.)
Such is in bricf and imperfect outline, the origin OF
the Supreme OF United States, and Of the grant
Of It's judicial powers On this centenary OF its organza-
ton in .he city where its earliest jurisdiction was exer
the presence OF the chief executive Of the heads
Of the National Legislature, OF our highest state courts
and officers OF citizens representing all the activities Of tho
country and the face Of the world we make proert OF
this high tribunal as a proof OF the stability and abiding
strength Of free constitutional government AS mem
bfs Of the and citizens Of this State and Of the
United States and bcspeak for 1t the homage
~
because 1t has added ustrous 70 the roll Of the
worlds great iusts and magistrates, even because II
has so well upheld in is sphere, the honor and dig
ny OF the Nation because through all these hundred
years Of time IL has with strict fidelity without fear and
wdthou: favor with hands and with pure purpose
seryed the people the wise and patient execution Of its
high trust 70 maintain nyolae the absolute supremacy Of