The times. [volume] (Richmond, Va.) 1890-1903, 1897-10-15

But the war ended !n couple OF years,
and then came the great perold Of recon-
sfruciion and the last amendments TO the
Federal constitution. IN the effort 10 re-
establish the nation, TO adjust all things
to the changed political, social and econo-
mic conditions, questions Of far-reaching
import were deveioped-questions or
personal liberty. Of constitutional right
which after oft times heated discussions
before the people and in the halls OF JUS
tice came TO us for decision.
Il do not exaggerate when I say that
no more difficult and momentuous ques-
tions were ever presented 10 this or any
other court. j look back with pride and
joy 20 the fact that / was permitted TO
take mart I'm the consideration Of those inn
portant questions and that not inire-
oucntlv ] was called upon TO express the
Judgment Of this court thereon, and now
fbat those times OF angry debate, deep
feeling and judicial decision have passed,
ID IS pleasant 10 realize that the conclu-
sions announced by this court have been
accepted. not simply Of necessity as so
prescribed bv the fundamental law, but
I'M tho main as I'M themselves both cor
rect and wise.
MARVELLOUS DEVELOPMENT.
AS IS we'll known tho period Of the
war was followed boy one continuing
event 10 the present time. Of marvellous
material development. Wealth has been
accommodated. such as never before was
dreamed OF i'm this country Gigantic en-
tcrpriscs were undertaken and carried
through Inventions have multiplied tho
convcnicnccs Of life MS we'll ms the possi-
biutios Of achievement Indeed. the COM
ditions Of life have essentially changed
from those that prevailed prior 20 tho
war out of this changed social and eco
nomlc condition have sprung not merely
am immense multitude OF cases, but litga-
ton of o. character vitally affecting the
future prosperity and safety Of this coun-
try. 10 this court havo come for final
settlement and decision many OF these
questions and cases
"Bv the blessing of Almighty God my
health and life have been preserved. and
have been enabled to take part in the
consideration of All these eases. Few APP
nroclate the magnitude offour Aabors.
The burden resting upon us for the last
fifteen or twenty years has been onor-
nous The volumes Of our reports show
that / alone have written 600 opinions. III
TO these are added nfty-sevcn opinions I'm
tho Circuit Court and 365 prepared while
I was ON tine Supreme Court of California,
81 will be seen that / have voiced the de-
cision i'm 1852 eases.
STABLE INSTITUTIONS.
'If it may De said that al of our de-
cieions have not met with the universal
approval Of the American people. it IS 10
tho great glory of that people that al-
yyavs and everywhere has been yielded "a
willing obedience TO them. That Tact
is eloquent of the stability of popular in-
stituuous and demonstrates that The pco-
pie of these United States are capable
of safe government
"As / look back over the more than the
third OF a. century that ! have sat on this
bench. L am more and more Impressed
with the immeasurable importance OF
this court. 10 carries neither The purse
nor the sword but IL possesses the power
of declaring the law and i'm that is found
the safeguard which keeps the whole
mighty fabric of government from rush.
inns, TO destruction. This negative pow
en- the power of resistance, Is the only
safety of popular government ana IL Us
an additional assurance when the power
is n such hands ass yours.
HIS SUCCESSOR
The courts reply which is signed 10y
an the members. cxorossos deep regret al
the loss it has sustained, and pays a high
tribute both TO the character and ability
of Justice Field.
Tho President apparently has not yet
decided upon the appointment that JUS
tice Fields rctirment will occasion, save
that Acknowledgement Mckcnna will he
nominated for the supreme bench unless
some cause intcrvcncs between now and
December 10 prevent 1T.
Chief-Justice Marshall served thirty-four
years. five months and five days, there
fore Justice Field has broken all previous
records by over two months.