Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1898-05-05
the Supreme Court the Nations Anchor.
Extracts from Address by 1r Justice Brewer before the
8###37 Marquette Club OF Chicago.

honored through the coming ages
long after the memories Of his critics
and assailants shall have become
like the body of Lazarus four days
in the grave. %Ss
1t is not part Of the functions of a
Judge to govern, and, notwithstand-
ing the talk about government by
injunction, there has never been any
attempt by courts to exercise the
functions Of government. That it
was the understanding and purpose
of the trainers Of the Federal Con
stitution that the judiciary should
exercise tho power of determining
whether any given statute conflicts
with the fundamental law, was
affirmed early in the history of the
court, in a vigorous opinion of the
great chief justice, and has been
affirmed and re-aflirmed again and
again since, and has been and is the
general understanding. That such
is the true interpretation of the Con-
stitution is evident from the fact
that there has mover been any seri-
ous effort for change. That the
judiciary might never usurp the
functions Of government and attempt
to legislate, it was given. no power
over the purse or sword of the ma
ton. 1t can neither itself legisiate
nor compel Congress to legislatc. 1t
can take no money out of the public
treasury, neither can it direct the
movement of the army of the nation.
1t has to depend on Congress for the
means of its existence, and appeal to
the executive for the enforcing of its
judgments.
And now, how during the century
of the national life has the Supreme
Court discharged the solemn duties
imposed upon it? That it has made
mistakes is undoubtcd. No sensible
man off or on the bench ascribes to
it infallibility. l certainly should be
the last to believe it infallible. |
know it is often wrong-it frequent
ly overrules me. And yet, not~ith-
standing its mistakes, that in the
past at least Qor of the present it is
not fitting that I should speak, it has
proved worthy of its high trust, the
common judgment of thoughtful
men the world over afirms. Better,
far better, to suffer the injuries which
come from its occasional mistakes
than the mary alous wrong which
would flow from the attempt to set
tie all questions of right or wrong,
of power or the lack of power, by
the mere matter of numbers or the
accumulation of majortics.
1t has been well said that in an
early day John Marshall took the
Constitution, penned by the marvel
GUS genius of Madison and Hamilton,
and stamped upon it in large and
luminous letters the single word
"Nation." That word is to-day the
great interpreter of our Magma
Charta. True, to make it indelible
cost war ; but the yr-blood of
him whose birth we this evening
commemorate transcribed it from
written Instruments to loving hearts
and into the life Of this republic,
and now, 80 long as the United
States endures,
O'or all this land ono flag shall float,
Ono song ascend from every throat;
That flag this banner of the free,
That song tho song of liberty.
No one can fail to discern that tho
great strain through which this ma
tion is now to pass in its political
and judicial life springs not from the
conflicting relations Of the nationa'
government to the States. Those
have been settled by the war. The
strain will come from the fact Of our
rapidly increasing population, and
tho struggle to throw off all consti-
rational guarantees Of protection TO
liberty and property as more re-
straints on the so-callcd liberty of
the many. In tho presence Of this
strain I invoke the thoughtful atten-
tion of every man to the oath which
each Justice Of the Supreme Court
must take
"l, -, do solcmnly swear
that | will administer justice without
respect to persons, and do equal right
to the poor and to the rich, and that
[ will faithfully and impartially dis
charge and perform all the duties in
cumbont on mo as Justice of tho Su-
prcmc Court, according to the best
of my abilities and understanding,
agreeable to the Constitution and
laws Of the United States. SO help
me God"
God forn;J thot 49,, ,,,o,, o1o,,,to i