Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-09-16
Exz1usr1CE GRAY.

Ex-Justice Gray. of the United States
| Supreme Court, who died yesterday, was
undoubtedly a man OF ability and wide
| learning in the law. But with all respect
for his memory and while conceding tothe
fullest the honesty of his convictions. we
earnestly trust that his successor, whom
President Roosevelt named not long since
viii not catch up his mantle. AS much
perhaps, as any other justice who had
sat or the Supreme Court bench sinca
the foundation of the government Mr..
| Gray in mis- decisions tended to vindicate
Thomas Jefferson's fears Of a Supreme
Court. He stood prominently for central
ization of power in The Federal Govern
| inent. One Of his most celebrated opin-
ions illustrative of this fact is the opinion
he delivered in the case of Juilliard vs..
Greenman. and to which all the other
justices except Mr.. Justice Field as
scented.
Some years back, one OF Mr.. Gray's
ardent admirers declared that in that
opinion '.he placed the capstone on the
majestic column representing the national
power, attaining a height TO which the
boldcst architect Of ,tle Constitution had
never raised his eyes 1t depends, how
ever, upon the point of view whether this
viii be considered a eulogy or the con-
trary.
The case Of Julliard VS.. Greenman had
to do with the legal tent r question, and
the extreme doctrine promulgated by Mr.
Justice Gray, was foreshadowed in the
concurring opinion OF Mr.. Justice Bradley
in the case reversing the decision in Hep
burn vs.. Griswod, in which reversal
il was held that the legal tender act was
constitutional and valid as to contracts
made both before and after its enact
ment." Mr.. Justice Gray, after laying
down the doctrine that "a Constitution
establishing a frame Of government, de-
clsring fundamental principles, and
creating national sovereignty, and in
tended to endure for ages, and to be
adarted to the various crises in human
str,ctness of 4 private contract" affirmed
as logical and necessary consequence
that Congress has the power to issue the
| Obligations Of the United States in such
qualities as currency for the purchase OF
| merchandise and the payment of debts
| as accCrC with the usages of sovereign
governments" In his dissenting opinion,
however, Mr. Justice Field declared that
this Interpretation of the basic law
fully carried out would change the
whole hature Of our Constitution, and
break down the barriers which separate a
government of limited from one of un-
| limited powers" And another common
| tator has well said. that Hamilton never
| taught. and the most ardent Federalists
Of The earlier days of the republic never
| claimed for the central government, such
| transcendent and pervasive powers as
ere included in the doctrine ennunciated
in Juilllard vs. Greenman, when carried
| to its legitimate conclLtons." So we
iterate that with all respect for the de-
ceased Justices memory, and while not
questioning the honesty and sincerity of
| his convictions, we hope the man Presi-
dent Roosevelt has designated as his sue
cessor has not caught up his mantle.
Considering the disposition to usurp pow
er which Congress has shown in connec-
ton with our Philippine acquisition, and
in view of the complacency with which
that disposition has been accepted by the
masses, there never was time when it
was more desira ble-whcn it was more
essential TO the integrity OF our institu-
| tions-that the swing of the Supreme
Court should be as far away as possible
from the doctrines of which Mr.. Gray was
such a strenuous exponent