The record-union., 1897-10-15

Congress passed an Act providing for
another seat on this bench, with the
intention that it should be filled by
some one familiar with these conflict
ing titles and with the mining laws OF
the coast, and as it 50 happened that
l had framed the principal of these
laws, and was, moreover, Chief Justice
Of California, it was the wish of the
Senators and Representatives of the
State, as we'll as those from Oregon,
that l should succeed to the new posi-
ton. AT their request Mr.. Lincoln sent
my name to the Senate, and the nomin
alton was unanimously confirmed.
This kindly welcome was extended
in March, but I did not at once enter
upon the discharge of the duties of the
office for the reason that as Chief JUS
tice of California l had heard argu-
ments in many cases, in the disposition
of which, especially in the preparations
of opinions, l should participate before
leaving that bench, and / fixed the 10th
Of May as the day on which to take, as
l did, the oath, because it was the
eighty-second birthday Of my father,
who INDUCED a just pride at my acces-
sion to this exalted position.
''At the head of the court when I be-
came one of it's members was the VEN
cradle Chief Justice Taney, and among
the Associate Justices was Mr.. Justice
Waite, who had sat with Chief Justice
Marshall, thus constituting a link be-
tween the past and the future, and, as
it were, binding into unity nearly an
Nf
During my incumbency three Chief
Justices and sixteen. Associate Justices
have passed away, leaving me precious
remembranceS of common laborS and
intimate and agreeable companionship.
when I came here the country was
in the midst of war Washington was
one great camp, and now and then the
boom of cannon could be heard from
the other side of the Potomac. But
we could not say inter arma silent
leger. This court met in regular ses-
sion, never once failing in their place,
and its work went on as though there
We're no sounds of battle. Indeed, the
war itself simply added to the amount
of litigation here, as elsewhere.
"But the war ended in a couple of
years, and then came the great period
of reconstruction and the last amend
ments to the Federal Constitution. In
the effort to re-establish the nation, to
adjust all things to the changed polit-
ical. social and economic conditions,
questions of far-reaching Importance
were developed; questions of personal
liberty, of constitutiona1ity, which, af-
ter ofttimes heated discussions before
- Nd in, tlRo n of CnY1
came to us for decision. / do not eX
aggerate when 1 say that no more diff
ficult or momentous questions were
ever presented TO this or any other
court.
Il look back with p1tde and joy to
the fact that I was permitted to take
part in the consideration of all those
important questions, and that not in
frequently I was called upon to ex-
press the judgment Of this court there
on. And now that those times of angry
debate, deep feeling and judicial de-
cision have passed, it is pleasant to re-
aiize that the conelusons announced by
this court have been accepted; not
simply of necessity, as SO prescribed by
the fundamental laws, but in the main,
as in themselves, both correct and
wise
"As we all know. the period of the
war was followed by one, continuing
even to the present time, of marvellous
material development. Wealth ac-
cumulated such as never before was
dreamed of in this country. Gigantic
enterprises were undertaken and car
ried through. Inventions have multi
piled the convenienceS of life, as We'll
as the possibilities of achievement. In
deed, the conditions of life have entire :
lv changed from those that prevailed
prior to the war.
"Out of this changed social and eco
nomic condition have sprung not mere
ly an immense multitude of cases. but
litigation of a character. vitality affect :
ing the future prosperity and safety OF
this country To this court have come
for final solution and decision many Of
these questions and cases. by the
blessings of Almighty God, my health
and life have been preserved, and L
have been enabled to take part in the
consideration of all these cases, fully
appreciating the magnitude of our la
borS
1.-THE burden resting upon us for the
last fifteen or twenty years has been
enormous. The volumes of our reports
show that I alone have written 62O
opinions If to these are added the
ffty-seven opinions in the Circuit Court
and 800 prepared while I was ON the
Supreme Court of California, it will
be seen that I have voiced the decision
in ,G42 cases.
s'It may be said that all of our opln-
ions have not met with the universal
approval of the American people; yet
it is to the great glory of that people
that always and everywhere has oeeh
yielded a willing obedience to them.
That fact is eloquent of the stability OF
popular institutions, and demonstrates
that the people of the United States are
capable of self government
"As I look back over the more than
a third of century that l have sat on
this bench. / am more and more I'M
pressed with the immeasurable I'M
nortance of this court Now and then
we hear it spoken of as an aristocratic
feature of a republican government.
But it is the most democratic or all.
Senators represent their States and
Representatives their constituents, but
this court stands for the whole coun-
fry. and as such it is truly of the peo-
pie. by the people and for the people.
1t has indeed no power to leglslate. 1t
cannot appropriate a dollar of money.
IT carries neither the purse nor sword.
R,1t if possesses the power of declar-
ing the law. and in that is found the
safeguard which keeps the whole
r1f Tx-s T-T7f11 ant fr~Nf1