The times. [volume] (Richmond, Va.) 1890-1903, 1898-07-08

opinion in regard TO single case, the
inCOmc-taX case. .
II should ike 10 ask The CONSCIENTIOUS
American lawyer, before condo mnlhB tn1
great tribunal. which otherwise he wal
concede TO be the chief civil ornament
and glory OF his country, To rean the
cOntemporaneOus history ana To ask nun
self IL he believes that any slhsIr o,at,e
would have adopted the national consul
tuition 'if II had been believed mat the
central power would ever DE permitted 10
invade this domain for the purposes ui
taxation? i am only To- insist ina
whether our great tribunal nav a.. rdr,i 'ir,p
i'm one particular they have, In general,
been i'm accord with the best opinion IN
the country. and with the best opinion III
'''S'"liir SHIELD OF THE CITIZEN.
"The court ia the shield of the minority
and the shield of the citizen. The main
tenance of its authority is m inc laS' r.
sort 10 prevent us from becoming, IN
stead OF a constitutional goVt rnmrnt the
government OF a pure and unchecKed ma
iOrity. TO 20 surely and speciuy the WY
of the empires and the republics OF the
past
Court of the United states has scrupu-
lously kept itself alOof from political con
trovcrsy and kept off the domain whtch
belongs 10 the political power OF lhc
country. There have been "A iew persons
such persons are not now. 1 lWlh, very
numerOus-WhO agree with the opinion
which air. JEFFERSON expressed unuer me
excitement of his controversy win 'hlti
Justice Marshall, that 10 never was IN
tended that the Supreme Court OF the
United States should have authority 10
declare void the attempted exercise OF
legislative power on the ground ihat "
was I'm conflict with the Constitution. But
| supDOsc with few ana rare exceptions
AN thoughtful students and patriotic
Americans are glad that the constitution
has so been interpreted, ANA arc klau
also that the necessuy Tor tnls JuulclAi
intcrpOsitiOn has been so infrequcnt uud
that the court has been spnriug ana Scfu-
Dulous in the exercise of this great power.
III we look at this judicial power. not as
IL bears upon immediate ana temporary
aud neeting conditions but as 10 Affects
fbe steady. permanent and slow growth
of the country. We shall see that IN"
effect of the declaration by The court
that an attempted exercise OF the legia-
tative or executive power DIS viola tiou
of our written Constitution is only to re-
duire pause. reconsideration slowness
i'm procedure I'm accomplishing what the
popular Will shall desire.
SECRET or OUR GLORY.
"God forbid that anything should
change the temper OF the American peo-
pie so as 10 destroy that healthy ana
eager discomfort, alive 10 fNilntuishlng
evil constantly yearniug for an IDEAL
perfection. always To- Doe Approached if
never 10 be attained. This is the secret
of our greatness and glory. but We need
to be taught the le11ph OF Whi'h ,tHp
American lawyer Is the best possible
teacher-that everything which Is per
manent is of slow growth. ! hops that
our people VIII Doe taught TINS lesson by
the American Bar. especially IN dealing
with their Constitution.
I'VE make changes OF mere mechanism
Ike that which grew out OF the contested
election between JEFFERSON ana BnIs. we
NAV make new securities for individual
right like those which followed immedi-
afely after the adoption OF the Consii~
tution and those which followed the war
But let us hold fast % the substance or
this wonderful structure. the IKE OF
which the world never yet saw, and the
eous of which II is not likely 10 see
again until the experience not OF year,
NOT OF "A presidential term. not or "a SIM
gle generation. Dut at least OF century,
has demonstrated that it has failed.
SUBLIME PATHWAY.
"The life and the glory or this country
are 20 depend not upon armies ana ma
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