The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-08-12

stitution, as | understand it, exacts no
such passive obedience. In taking the
oath to support the constitution, il is as
understand it, and not as other men
understand it. cloud applause)
''In adopting this rule, first authori-
tatively enunciated by Andrew jackson,
when, as President of the United States,
in the face of the supreme court, he as
serted the unconstitutionality Of the
bank | desire to he understood as not
acting hastily. Let me add that, if it
| needed other authority in its support, it
has the sanction also of the distin-
guished Cabinet by which he was then
surrounded, among whom were that I'M
surpassed jurist, Edward Livingston.
Secretary of State, and that still living
eNemplar OF careful learning and wis
dom. Roger B. fancy, then attorney
general, now chief justice of the United
States. Beyond these, it has the unques
tionable authority of Thomas Jefferson.
by whom it was asserted again and
again rs n rule of conduct. Thus, if any
person of this day be disposed to deal
sharply with me on account of the sup
port which | now most conScientiously
give to this rule, let him remember that
his thrusts will pierce not only myself,
the humblest OF its supporters, but also
the great fame of Andrew Jackson and
eminent life and authority, on whose At
lantean shoulders this principle of con
stitutional law will ever firmly rest.
But let me ask gentlemen disposed to
question their own understanding of the
constitution, and TO submit their con-
science to the standard of other men BY
whose understanding do they swear?
Surely not by that of the President; this
is not alleged: but by the understanding
of the supreme court In other words,
To this court, being ut present nine per
sons-represented 10y Il simple majority,
it may be OF only one-is accorded the
power of fastening such Interpretation us
the see fit upon any part of the consti
tution-adding to it, or subtracting from
it. or positively varying its require
Enthusiastically making and unmaking
the constitution; and TO their work all
good citizens must bow, rs of equal
authority with the original instrument,
ratified by solemn votes of the whole pco-
Pile. Great applausc.) If this ne so.
the oath to support the constitution is
hardly less offensive than the famous
let cetera" oath devised by Archbishop
l.aud, where the..subiect sworc,. to certain
specified things, with an "&c.n added.
Such an oath have not taken
The power of our supreme court is
great, and it's sphere is vast: but there
are limits to its power and sphere Ac-
cording to the constitution, the judicial
power shall extend to all cases in law
and equity, arising under the constitu-
ton. the laws of the United States, and
treat!cs:' but it by no means follows that
the Interpretation of the contitution, in
cldent to the trial of these cases is final
OF course, The judgment in the case
actually pending is final, as the settle.
ment of controversy for veal or Woe
TO the litigating parties: but as Il prece-
dent 1t Is not final even on the supreme
court itself. When cited afterward. il
will be regarded with respect as an inter
probation of the constitution, and, il
nothing appears against it, of control
ling authority; but. mt any day, in any
litgatiOn.at the trial of any'case,' il will
be within the unquestionable competency
of the court to review its own decision.
so far a. it establishes any Interpretation
Of the constitution. If the court itself
he not constrained by its own precedents
how can coordinate branches. under
oath to support the constitution, and
like the court itself. called incidentally TO
interpret the constitution be constrained
by them? In both instances the power
To interpret is simply incident TO other
principal duties, as the trial OF cases
the making Of laws. or the administra-
ton of Governments: and il seems as
plainly incdcnt..to a case of legislation
or of administration rs to case of liti-
CATION. And on this view Shall act
with entire confidence, under the oath |
have taken.
For myself let me say, that | hold
judges, and especially the supreme court,
in much respect: but I am too familiar
| with the history of judicial p oceedings
To regard them with any superstitious
| reverence. (Sensation) Judges are but
| men, and in all ages have shown full
share of human frailty. Alas alas. the
worst crimes of history have been per-
petrated under their sanction. The blood
of martyrs and Of patriots, crying from
the ground, summons them to judgment.
| 1t was Il judicial tribunal which con
demned Socrates to drink the fatal hem
| lock, and which pushed the Saviour bare
| foot over the pavemcnts of Jerusalem,
| bending beneath His cross. 1t was a
| judicial tribunal which, against the tes-
timony and entreatics OF her father, sur
rendered the fair Virginia as n slave
| which arrested the teachings of the Great
| apostle TO the Gentiles, and sent him in
bonds from .Judea TO Rome-whch, in
| the name of the old religion. prosecuted
| the saints and fathers Of the Christian
| Church, and adjudged them To Il MIR
| tyrs death, III all It's most dreadful
| forms-and afterward, in the name of
the new religion, enforced the fortunes of
the lnQuistiou, amid the shriekS and
agonies of the victims, while it com
| PEELED Calico to declare, in solemn denial
of the great truth he had disclosed, that
| the earth did not move around tthe sun.
| IL WAS II judicial tribunal which. in
| France, during the long reign OF her
| monarchs, lent itself to be the instru-
ment of every tyranny. As during the