The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-07-17
Supreme Court Of the United States.
SPEECH OF HON. E. B. GARY, JULY 4, 1901.

Cicero, when reviewing the opinions on the nature OF
the soul, coming to that of musician who held the soul
but harmony, pleasantly SAID Inns man has not
gone out Of his art
have selected as the subject of my remarks, the Su
preme Court of the United States and to those who
would say: This has not gone out OF his art
quote the words of Mr. Blackstone lin most OF the ma
tons of the continent, gentleman, or at least
no Scholar thinks his education is comPeted till he has
attended, or two OF lectures. -.
And in the northern parts of island, it is
difficult meet with person OF liberal educatlon who is
destitute of competent knowledge in that SCIENCE which
is to be the guardian of his natural rights and the rule of
his civil conduct 1t is In consequence of their
greater familiarity with the science of government that the
members of the legal profession have been foremost in
resisting tyranny and oppression, in every age.
Taking retrospective glance at the origin and ground
work. of the Constitution creating the said Court find
that it was based upon the artcles of confederation
which in degree at least were the outgrowth of the
original ''league of friendship of 1o43.
The views of the trainers of the Constitution, were
kaleidoscope, and discordant. There was not
member of the convention who lent his approval to all
its features and it regarded patchwork of compro
misses 1t left the hands of its trainers, without
single express provision upon which it had the right
rely for judicial construction, that would from
death, by giving it vital force.
1t failed to PROVIDE (Which it could have done in half
dozen words) whether State had the right to secede
thus leaving the question to be determined by the arbtra
ment of the sword.
1t likewise failed although the avowed purpose
of the Convention provide check every department
of the government by creating judicial department with
imperial powers
They remembered that in monarchial governments
the liberties of the subjects curtaed by the depend
ence of the judiciary the favor of the Crown but forgot
that in avoiding this evil they might create Court with
monarchia powers This branch of the gov
ernmen received far less consideration in the convention
than either the executive legislative departments due in
measure the fact that there very little work at
that time for the Court. 1t was in its infancy
looked upon Insignificant and for this the Chief
usticeshp rejected by at least two persons to whom
the appointment offered. After the ad-
ournment of the convention Government Norris delegate
from Pennsylvania wrote to friend stating that he had
been instrumental in planting the constitution germs
that would ultimately make this imperial government
The address of Luther Martin, delegate from Mary
land in the convention delivered to the legislature of that
State shows that there others the convention who
wished to make government monarchy. He
said t may be proper to inform you that, on our meet
ing in convention it found there among
three parties, of very different sentiments and views
One party, whose object and wish it was to abolish
and annhate all State governments and to bring forward
general government this extensive continent of
monarcha nature, under certain restrictions and mita
tions. Those who openly avowed this senti-
ment it is true but few; yet it is equally true,
that there was considerable number who did openly
it, who by myself, and many others of the
venon considered being in reality avorers of that
tment and acting upon those principles, covertly en-
deavorng to carry into effect what they we'll knew openly
and avowedly, could not be accomplished.
The second party, not for abolition of the State
governments for the introduction of monarchia gov
ernmen under any form but they wished to establish
such SYSTEM could give their States undue power
and influence in the government, other States.
third party what considered truly federal and
republican; this party nearly equal in number with
the other twos and composed of the delegations from
Connecticut New York, New Jersey, Delaware, and in
part from Maryland also of individuals from other
representations. This party, sir, were for pro-
ceedng upon of federal equaity they were for
taking present federal SYSTEM basis of their pro-
ceedngs and far experience had shown that there
defects remedy those defects far experience
had shown that other powers necessary to the fed
eral government, to give those powers. But
sir the avorers of monarchy and those who wished the
total abolition of State governments well knowing that
government founded truly federal principles, the basis
of which the thirteen State governments preserved
in full force and energy would be destructive of their views
and knowing they too weak in numbers openly to
bring forward their system conscious also that the people
of America would reject it, if proposed to them,-
joined their interests with that party who wished SYSTEM
giving particular States the power and influence the
others, procuring in return mutual sacrifices from them
in giving the great and underlined powers to
it's legislative and executive we'll knowing that departing
from federal system, they paved the way for their favor
te object the destruction of the State governments and
the introduction of monarchy.
The Constitution of the United States different from
the organic law of any other government and truly
experiment.
After the members of the convention Except a few
who refused sign it, had affixed their signatures to the
titutO the adoDted