The Savannah morning news., 1901-02-05

to extend the judicial protection Of per-
sonal rights not only against the rulers
of the people but against the represcn-
tativos of the people Mr.. jefferson and
his followers were bitterly jealous of this
power. Indeed it is stated by the most
recent bographer Of jefferson. the brill
liant and epigrammatic Thomas Il. Wat
son, that to shake the authority of the
Federal Courts he adopted the plan of
impeachiug Associate Justice Chase, The
prosecution, said Mr.. Watson failed
miserably. Chase came forth in triumph.
Henceforth John Marshall was safe
Aye indeed, and the country is safe.
mo thoughtful patriot can longer doubt
that this great judicial power more than
all other causes has contributed TO estab-
lish justice, provide for the general well
fare and to secure the blessings of liberty
to ourselves and our pOsterity. IL has
remained however for our time to with
ess this great tribunal with unshrinking
courage and with immovablc frmness
brand the condomnat on OF the consul
tuition upon measure after measure IN de
cisions vital TO the peace and happiness
of the homogeneous Angio-SaXon popu-
lation of these Southern states. decisions
which have enabled us to rebuild our
homes and reconsecrate our altars, TO
kindle the torch Of education for the en-
Iightenment of the minds OF all the people
to add the boundless wealth of our prac-
tically untouched resources of field, forest
and mine to the aggregate wealth or the
nation and to endear to the people the
flag OF our common country that in its
recent need the veterans of Lee anu
Johnston. and the sons Of their blood
hocked to the colors with a spontaneity
and enthusiasm unsurpassed by the vet
Grams of the Union armies, or by the gal
liant youth, Of the North.
IN a discourse upon the Supreme Court
before the Virginia State Bar Associa-
ton, the Hon. George y. Hoar of Massa-
chusetds used the language fQlowing
"I have spoken in behalf 81 tribunal
whose constitutional judgments upon the
greatest questions with which it has ever
had to deal have overthrOwn, bafffed and
brought to naught the policy in regard TO
the great matter OF reconstruction OF the
party to which | myself belong and the
school of politics in which ! have been
trained
"The great senator from New England,
who ! may say as was true OF Marshall,
has been reelected by an enlightened
constituency WHICH differs with him upon
the most Vital question of the day ana
the future. was right. We who are often
favored with diatribes of the demagoSue
against this great constitutional court,
should bear in mind that series OF mag
nificent decisions which, in spite of all
of the passions resulting from the might
lest and most furious civil war of whlch
history gives an account, have speedily
restored the Southern states to that proud
equality among their sisters which was
contemplated by the trainers OF the con-
stitution. Nor should We fail to remem-
Der the freedom from par,islnship exhib-
tied by these rulings In each case ma
jority of the court In political belief faV-
ored the object intended 20 be accom-
plished by the law which their decision
annulled, and in each case every one OF
the judges had been appointed by a Re
publican President. In these decisions so
essential 10 the harmony Of national life.
it seems as II the genius of America had
breatned upon the sacred ashes of Mar
shall and evoked his bengnant spirit that
he might again meet his brethren in the
consultation again deliberate, again coun-
sch again decide
I'VE are not however TO conclude that
the mind OF the great chief justice was
absolutely coiorless. Himself a soldier
ana patriot, and also distinguished in po-
litical life, he could not divest his mind Of
an interest ia public affairs nor put be-
hind him the opinions nc had deliberately
formed as to the best method of govern
ment. As We have seen he knew from
bitter experience and observation the ut
ter debility of "a people without govern
meDt, ana openly declared that a govern
ment depending for rs existence upon the
varying and huctuating action Of distinct
sovereigntcs could not he recued
from icnomy ana contempt bui by
finding those soyereignties admins
tered by men exempt from the
passions iucideu9 TO human ma
ture. But there is nothing in all
his career which betrays the slightest dis
regard for the rights Of the states or any
Interference with the principal essential OF
state existence. local seif-gOyernment His
might have been the famous exclamation
Of Chief Justice Chase. 'the constitution
in an its provisions looks TO an inde-
atructible union composed Of indestrucu-
bile states In the famous debate i'm the
Virginia convention he mad exclaimed, 4
hope that no gentleman viii think that
a state vii be called at the bar Of "A fed
eral court. This was done. however, be-
fore he was chief Justice in the case Of
Chisholm VS.. Georgia, but the Eleventh
Amendment 80 the Constitution made IL
thereafter forever impossible. And yet
he believed that the constitution had been
intended 10 create ana dld create q ma
tional government ana 30 believing he saw
- meaning in the constitution which
made tie gfea, majority Of his decisions
accord with national principles OF CON
slruciioD and policy
Decisions safeguard Liberties.
How vastly Eats principles Of eonstitu-
tIoual construction have contributed 10
tho power OF the nation ~ the prosper
lty of tine people b. beyond the dcscria-
dive measure OF human speech This ri.
prpmnry OF the nation. l's power no es-
,bllsh lauhr FOO tHr commerce Ot the peo-