The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-08-16

accomplished by the various enactments
If Congress relating 10 inter State Com
mercc.' Says he: It has been shorn
ty judicial Interpretation. Of authority
10 10 anything If an effective charac-
TER. II j. denied many of the powers
which iu my Judgment were intended TO
hc conferred. In these words he
ehar-e~ The highest tribunal Of this coun
fry With overriding the will If the poo
I'D" a> expressed by Congress and making
law lea t,taii ~ tn" railroads and
against ID, il'lle interests.
Il have noticed only = Few II the com
pa.atir,iv recent Federal court decisions
nvo'snE thu ~snfi, II intcrc>, between
the pnhiic and the Ercai corporations.
These ,a>s> ar, lut i few II The many
rorui> ii which chs conflict expresses II.
>sii. \o dvaIt Tins conflict i sometimes
aggravated ~ -dcmaS"Su"~ But it *
equality truc that many thoughtful anil
far->oc'u- PATRIOTS have spoken To- his
question m terms ~ self deserving WIS
dom. aHd vlga h,,au>c they fore~nw
dauG,r ia the trend uf Federal count dc
,~i>iau~. have lcen u|nju>tly called ,l"ma
.o-uc~. Nh,u Jefferson. with The clear
vision If > philosopher. recognized and
declared the ,ru'i,l between federalism
ana rrrullieau:~iu, between m nllTarchy
II wealth and democracy II MI the
pcop'e. between al~olati>m and ndiyil
nali~m. liz was called i d~cma-ogur AMI
anarchist. 1;ut 10 Nt~ i ~crr aS well
IL lc.3er. aEd to-day hi~ political philo-
~ophy i accepted without question in
this great republics heart Of hearts.
Standing. rs tins generation tolny, ~
tho shadow nf a linc 81 Federal decisions
which are certainly innovations. and
which many good and wise men believe
to he ueurpation~ of a dangerous power.
Wc are reminded uf .IcncrSou's prophecy.
S,il he:
1T has long been my opinion that
the germ Of dissolution of our Federal
government is in the constitution Of the
Federal judiciary. an irresponsible body
working like gravity ty day and 10y
night. gaining Il little today aud II little
Tomorrow. and advancing lis noisclcsS
step like i thief over the field - juris
dietion, until aI shall lie %u~urpcd.'
.Nothiuy said ~ others compares in
comprehensive severity with this terrible
Indictment. And yet. il what Jefferson
said was truc then. its truth il multiplied
tcnfold now. Looking around rs and
about MS: surveying the field of Federal
jurisdiction rs ii exists i'll practice to
day: seeing States and municipalities
stripped OF liltlt lbNtt~, tthohuIlE NV
new and terrible engine Of oppression
and repression into which the ancient
writ OF injunction has been converted.
observing how the tuil"r and the labor"r
have felt the mailed hand Of the Federal
Judge 50 often and 50 hardly. while the
great trusts and m%onopolicS Of the coun
try have oppressed the poor, cheated
Justice. and dciicd the law with hardly
50 much .S Il rcbukc from that same
Federal judge how can We be silent!
"Thc .\nglo-SaNon lawyer is in his
inmoSt heart Il patriot. Ills blood has
been i crimson sacrifice for freedom on
many Il battlefield. His hand has held
aloft his country'S fla" in many IN hour
Of deepest danger. His history III war
is illu>trious and honorable. but his
greater glory lies III this: That h" has
stood for law. right. and freedom rs
against the more inSidious perils Of vel
vet despotiSmS usurping forbidden pow
ers in the name Of law and under the
protection OF the flag. Not all the ar
mics Of tn" earth. not all the navIeS oi
the sea. can take our country'S citadcls
or furl the stars and stripes. If this
land Of the free ana home Of the brave
i shall ever be a deSpotS realm 1t VIII 10
because some invisible enemy shall,
with whispered voice and silent football
steal within our midst and with soft
smooth hand strange liberty before W.
; hear the cry. When such Il Crisis comes
10 forcScc such danger and to prevent
such ruin this sweet land Of liberty VIII
confidently call. and not in vain, upon
the American lawyer