The evening world., 1894-01-20
THE SUPREME COURT VACANCY.

In a general way the American people
understand the Importance of the Federal
Supreme Court and the expediency of fill
ing It with Judges of legal learning.
ripe experience, clear judicial mind and
unsullied integrity. But comparatively
few reflect how dependent Ii institu-
ton are upon the capacity and purity
Of that court for their perpetuity and
prosperity.
The theory OF the American Govern
ment Is that the sovereignty Is in the
people. As Chief Justice Marshall ex-
pressed Il: THE Government OF the
United States can claim no powers which
are not granted to 1t by the Constitu-
ton and the Constitution contains an
enumeration OF the powers granted by
the people to their Government"
The grant Of power to the judicial de-
partment Is broader han that made
either to the executive OF legislative de-
partments. Besides embracing every pos
sible Federal question. 1t reaches sub
jects relating to State authority alone.
as shown in the Dartmouth College
case, the attempt of some States. after
the war, to impose legislative punish
ments for reasonable conduct. and the
proposition for State taxation Of Ma
tional banks or for a States grant Of a
monopoly of its navlgable waters.
From the earliest days the duty of
appointing The most fitting men to such
n court was recognized n fulfilled.
When tho Government was organized UNI
der the Constitution Washington realized
the fact that the selections Of the most
o~vershadowing Importance were those
to be made to the Supreme Court. He
chose John Jay for Chief Justice. not
only q learned and able lawyer, but a
broad and experienced statesman and
diplomatist. The ablest jurists in the
country were made his associates, and
his successor was the great John Mar
shall.
How few people reflect on the work the
Supreme Court has done for the nation
from the time 1t undertook the task OF
unfolding the powers and illustrating
the principles of the Constitution through
the period OF slavery and the perils OF
the war down to the solving OF the diffi
cult problem OF reconstruction. How
few give a thought to the labor imposed
on a court whose judicial authority Is
made to extend ito all cases In law and
equity arising under the Constitution
the laws OF the United States and trea'
ties mad or which shall be made under
It's authority: to all cases affecting am
bassadorS other public ministers and
~consuls; to all cases Of admiralty and
maritime jurisdiction; to controversial
to which the United States shall be @
party; to controversies between two Of
more States; between citizens Of differen
State claiming lands under grants OF diff
ferent States, and between n State anC
citizens thereof Int foreign States, citi
zens or subjects"
Yet 1t needs only q moments reflection
on the extent and Importance Of thes'
duties to condemn a course which fol
political or personal considerations neg
iects to nj a vacancy In such a court
and restore II to Its full efficiency ant
usefulness. 1t requires only u moments
thought to prove hat II Is "a sacred duty
to appoint only a fully equipped lawyer
an able and experienced jurist and q
man OF broad mind and recognized learn
ing to IA court which numbers amonl
those who have sat on its bench sucl
names as Jay, Marshall, story, fancy
and Chase.
The Presidents duty Is to appoint n
once to the existing vacancy an Associate
Justice of the Supreme Court who's,
namo will be a guarantee of his imme
date confirmation.