The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-08-20
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POLITICAL. MATTERS
Reading Interesting to the Voter, Pertain
Ing to the Battle Of the Standards.
ARRAIGAMEAT OF IHE SUPREME couR1
BY Charles Summon. One of she
Founders ortho Republican Party
"A bitter Attacb--Tsxt or the
Speech OF Hon. Bourke Cochran In
Reply 10 Hon. w. J. Bryan.
(Washlngton Postl

washington Post).
The tDemocIatic arrangement OF the
United States Supreme Court for the de-
cis:on In the income tax cases Is not
without precedent. Curiously enough,
the example was set by an acknowl-
edged leader and statesman of the Re-
publican party-no less q man, in fact,
ihan Charles Sumner. OF Massachusetts,
Nv The side of his denunciation of the
Supreme Court the language of the
Democratic platform Is as mild as milk.
In his speech before the Massachusetts
State Republican Convention at Wor-
cester. Mass. September I, 1854, Senator
Sumner brought all the power of his
elonuence. his logic, his experience and
his satire to bear against the highest
tribunal in the land to a degree far be-
You'd anything that has been or will be
said against that court even by the most
sincere believer in the constitutionality
or the income tax. In the course Of his
speech he said:
The power of our Supreme Court Is
great. and its sphere IS vast, but there
are limits to its power and sphere. Ac-
cording to the constitution, the judicial
mower shall extend to all cases in law
and equity, arising under the conStitu-
tion. the laws of the United States. and
treaties: but 1t by no means follows that
the Interpretation of the constitution
Incident to the trial of these cases is
final or course. the Judgment in the
settlement of controversy, for veal or
woe. TO the litigating parties; but as
precedent 1t is not final even on the SUI
preme Court itself. When cited after
ward 1t will be regarded with respect as
an Interpretation ofithe constitution, and
If nothing appears against 1t, of controll-
ing authorlty,i but, at any day. in any
litigation. at the trial of any case 1t will
be within the unquestionable competen-
CIV of the court to review its own decision,
fr lNl tel.
of the constitution If the court itself
be not constrained by its own presidents
how can coordinate branches, under
oath 10 support the constitution. be con-
strained by them? In both instances the
power to interpret Is simply incident to
other principle duties, as the trial of
cases of litigation. And on this view
shall act with entire confidence, under
the oath l have taken. i.
For myself. let me say that hold
Judges. and especially the Supreme Court
Judges. in much respect: but am too
familiar with the history of judicial
proceedings TO regard them with any SUI
perstitious reverence. (Sensation).
Judges are but men, and in all ages have
shown full share of human fra.lty.
Alas! alas! the worst crimes of history
have been perpetrated under their sane
ton. The blood of martyrs and of pa
triots. crying from the ground, sum-
mons them to judgment. II was a judi
Cldl lilDutlhl WHICH condemned socrates
to drink the fatal hemlock, and which
pushed the Savior barefoot over the
paYements of Jerusalem, bending be-
meath his cross. II was a judicial tribu-
nal which. against the testimony and en-
treaties of her father. surrendered the
fair Virginia as slave-which arrested
the teachings of the great apostle to the
Gentiles. and send him in bonds from
Iudea to Rome-which, in the name OF
old religion. prosecuted the saints and
fathers of the Christian church, and ad-
Judged them to martyrs dea ) IN all its
most dreadful forms-and afte. Yard, in
the name of the, new religion. enforced
the fortunes of the inquisition, amid the
shrisks and agonies of the victims. while
1t compelled Calico to declare. in SOL
disclosed. that the earth did +. not move
around the sun. 1t was judicial tribu-
nal which. in France, during the long
!eign of her monarchs, lent itself to be
the instrument of every tyranny, as dur
ing the brief reign of terror it did not
hesitate to stand forth the Implying
accessory of the IMPLYING guillotine.
Av. sir. it was a judicial tribunal in
England. surrounded by all the forms of
law. which sanctioned every despotic
ca price of Henry VIII. from the behead-
ing of Sir Thomas Moore-which lighted
the fires of persecution that glowed in
Oxford and Smithfield, over the cinders
of Latimer, Ridley and John Rogers
which. after elaborate argument, up
held the fatal tyranny OF ship money
against the patriot resistance of Hamp-
den-which, in defiance to justice and
humanity. sent Sidney and Russell to
the block-which persistently enforced
the laws of conformity that our Puritan
fathers persistently refused to obey. and
afterwards. with Jeffreys on the bench.
crimsoned the pages of English history
with massacre and murder, even with
the blood of innocent women. Ay. sir,
It was judicial tribunal in our own
country. surrounded by all forms OF law,
which hung witches at Salem-which
affirmed the constitutionality of the
stamp act while it admonished Jurors
and people to obey-and which now, in
our day. lends it sanction TO the unut-
terable atrocity of the fugitive slave act"
(Long continued applause and three
cheers for Sumner).
In this strain Senator Sumner con-
tinued TO the end of his speech, the en-
tire address forming one of the bitterest
assaults upon the Supreme Court ever
uttered by any man. Republican, Demo-
crat or Populst. and Offering remark
able precedent for the very action for