Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-21
SUPREME COURT OF THE UNITED STATES


'flN NhaANW NNiA'nf iahUlNllu lANnNOlNn.
VINO had been the governor Of Virginia,
made q motion that unless Georgia on
tered an appearance nc the next term
Of court Judgment should be entered
against her hy default Could such a
motion be sustained The question was
not only novel, but lt was replete with
difficulty ana danger, It was ono OF
constitutional construction, and one OF
the grounds Of opposition 10 the con-
stituti0n had been that states would be
dragged into court by private parties.
Even such a man as John Marshall.
who, as we shall see later, became the
great eSpounder Of federal doctrine, had
exclaimed In debate. IL hone no nom
tleman VIII think Il possible for stato
to be suedl' But Mr. Randolph. thongh
fully conscious OF the storm he might
arouse, contended for the Jurisdiction.
HIS argument was mastery but Il was
one-sided controversy 80 far as argu-
ment was concerned, because the state
would not employ counsel to appear for
her
The judges all delivered separate
opinions, Justice Blair planted himself
on the express language Of the constl-
tuition. The jurisdiction extends, ne
said, TO controversies between a state
and citizens OF another state" Wilson,
with q rare gift for final analysis. de.
olared that the question may, perhaps,
be ultimately resolved into one no less
radical than this! DO the people OF the
United States form a nationY" Cush-
Ing argued III a state is entitled TO
Justice IN the federal court against a
citizen Of another state, Why not such
citizen against the state, where the
same language equally comprehends
both2" The opinion Of Chief Justice jay
was the most elaborate he ever deliy-
cred, II was no degradation of state
70 be bound by the terms Of the nation
al compact and the case fell within the
spirit and the exact words OF the con-
sutution. lrodell alone dlssented. The
constitution In his view was not self.
enforcing II required an act OF Con-
gress to effectuate It.. There was no
such act, and historically there never
had been suit In assumpslt against a
sovereign His opinion contained oil
the germs OF what subsequently became
known as state rights doctrine, and was
o quarry whore many men have hewn
their arguments. Wilson's opinion con-
tanned ell the germs Of what has since
been often urged in favor Of national
power.
So thlp case Is important and inter-
esling both historically and politically.
Georgia. however, would not submit.
She passed law that anyone ATTEMPT.
Inc to enforce the judgment Of the SUI
preme Court against her should suffer
the penalty Of death, Two days after
the decision was pronounced the EIey-
On / an endmeht TO the constitution
was proposed TO Congress. The court
refused 10 bend to the popular fury.
and entered judgment by default. The
PLAINTIFF however, prudently awaited
the action Of the states on the amend
ment and when that was adopted re-
fused to proceed further
The Importance Of the decision how.
over, remained. 1t was clear asser.
lion of national power and Judge Cool
ey has since remarked that the Union
would have been Of but little val.e If
the judges Of the highest court had not
displayed the courage Of their conyic-
lions.
Then came the case Of Hilton VS. the
United States, the carriage tax case.
which involved the power Of Congress
10 lay taxes and the distinction be-
tween direct and indirect taxes was
drawn. 1t Is q case which has been
alluded TO as q leading one In every
argument since, and played an import
ant part In the recent income tax cases.
1t was argued most brilliantly by Alex
ander Hamilton. The decision was that
uniformity must be observed whenever
imposts, excuses and duties were laid.
and next wherever the tax was direct.
II must be capable Of appointment
according to the census It was clear
that tax on carriages could not be
apportloned according to the census,and
hence 1t was held that II could not be
q direct tax
Then followed a very interesting adj
case, which decided that the
United States courts had the exclusive
right to determine all unsettled Ques-
lions as to prize money which had orig
mated In captures on the high seas dur
ing the revolution by privateers and
vessels fitted out by the separate states.
This was important, because several
states, particularly Pennsylvania, had
taken the ground that the decisions Of
the old admiralty courts Of the state
were to control
A change in the chief justceship also
took place, John Jay had become gov
ernor of New York; John Rutledge
sor and oliver Ellsworth Of Connecti-
cut a very great lawyer was nominated
by Washington and confirmed as chief
hol NOT boan nop 1rnna1 os hio croanu
Justice In 1896 His most conspicuous
service 10 the country had been his au-
thorshlp of the judiciary act OF 1859,
which established the jurisdiction Of
the various courts Of the United states
upon lines which have been closely ad-
hered to ever since, He was man
of massive mind, but did not remain
long enough in place to assert his really
great powers.
Three other men appeared upon the
bench before the close Of the first ten
years Of the courts hstory-Samuel
Chase of Maryland. Bushrod Washing
ton of Virginia and Alfred Moore of
North Carolina Chase was n man of
great ylgor, OF Incorporate speech
and conduct and was the only justice
Of the supreme court who was ever I'M
peached. He was trlumphanty ac-
quilted. Moore resigned In five years
because Of Ill health while Washington,
who was the favorite nephew OF Presi-
dent washington, was destined TO be-
come one Of the greatest jurors Of the
country and the lifelong associate OF
Marshall.
II IA noticeable how difficult It was to
organize the supreme court upon o sta
bic basis. The court consisted OF SIX
members, appointed for life, and yet IN
ten years there had been three changes
In the head Of the court and six cNo ages
IN the associates Death, II IN,
preference for state service, POI ana
foreign missions all interferod most ma
teriaily with it's compactness. Frequent
changes In the judiciary are always un-
fortunate. They rob the bench OF inde--
incidence. impair It's usefulness ana
destroy the value Of its work by IN
Producing new men. who require time
10 harmonic themselves with their sur
roundings'
II may be remarked, as a matter OF
picturesque incident, that the carry
court wore parti-colored gowns. The
chief Justice had broad faclngS OF sal
mon colored silk upon the collar front
and sleeves. while the associates wore
Two narrow stripes Of red and Whlte
obout Inc shoulders and the sleeves
win The beginning OF the last century
these were thought TO SAVIOR too muci oI
old World fashions, and were supplaaint-