Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-10

leave to them.
1t is natural, gentlemen of the bar. that
on this occasion my mind should run back
over the period of my service on the bench
and recall something of the men and meas
ures that have made this last generation so
memorable in the history of the country.
This Is not the occasion to do more than
mention the names of the great captains on
both sides of our civil war-Grant. Sher-
man, Thomas. Meade. Sheridan, Lee, Jack
son; the two Johpstons and Longstreet all
of whom, save Longstreet, have long ago
passed over to the silent majority, leaving
the memory of their splendid courage. their
marvellous military skill and their high
character as a rich legacy to the whole
American people. And yet as l must on
such anniversary think of the march OF
events as well as mark the flight of the
years, 1 cannot but rejoice, with every true
American, at the thought of the perfect
healing of those old wounds and at the fact
that
1.-THE severed sections, weary Of debate"
are again one people, loving the one nag;
acknowledging the one Constitution ana
abiding Loyalty by the decisions of the one
supreme tribunal. But my mind recalls
more especially those with whom l. have
been associated in the administration of the
law. In doing this memories crowd upon
me that cannot well be repressed. There
come before me the faces of many, now
gone. who were dear to me and with whom
I had the privilege of being associated In
judicial work. and also the faces of others,
now gone, with whom I had cordial per-
sonal relations, and whose luminous argu-
ments at the bar of the Supreme Court Will
long be remembered by me.
The country will not forget cannot for
get-the services of Waite. Swayne, Clifford,
Miller, Field, Strong, Bradley, Woods.
Hunt, Matthews, Gray, Blatchford. Lamar
and Jackson. Nor can we forget such
splendid leaders OF the bar as Harrison,
Campbell, Bartlett, Evarts Thurman.
Trumbull, lockwood, Hoar, Black. Car
penter, Ranney, Conklng,, Mcdonald,
Phelps, William Allen Butter, Phillips,
Wallis, Semmes, Cloudy, SWEET Stor-
row. Tucker Hoadly. Hitchcock and
Davidge. 1t was to me delightful as well
as instructive to hear those distinguished
lawyers discuss important principles of con-
stitutional and general law. In recalling
the services Of such eminent judges ana
lawyers the thought comes to me that we
may draw from their lives inspira ton for
renewed and higher efforts to elevate the
standards Of our noble profession, and to
increase the respect of the people for the
law as the only foundation upon which free
government can securely rest.
I have not been nsensible gentlemen, to
the distinction, the mere worldly distfnc-
ton, of a seat upon the bench OF the SUI
preme Court Of the United States-a tri-
bunal once characterized by that great law
yer, Horace Binney, as the august repre-
sentative Of the wisdom and justice and
conscience of the whole people, in the eX-
position of their Constitution and laws as
the peaceful and venerable arbitrator be-
tween the citizens in all questions touching
the extent and sway of constitutional
power" and as the great moral substitute
for force in controversies between the peo-
ple the states and the Union 1t Is, IN
deed, a high honor to be a member of such
tribunal But permit me to say that
there has been no moment during my term
of service when 1 have not been deeply
sensible of the awful responsibility resting
upon every member of that court.
The power of the Supreme Court for good,
as well as for evil. can scarcely be exag-
gerated. If 1t cannot actually shape the
destiny of our country, 1t can exert a COM
manding influence in that direction. 1t
can by It's judgments strengthen our insti-
buttons in the confidence and affections of
the people, or. more easily than any other
department of the government, 1t can I'M
dermine the foundations Of our govern
mental system. 1t can undo the work of
the fathers by abrogating old canons of
constitutional construction that have help
ed to make this the foremost nation of the
earth. 1t can-to use the words Of Chief
Justice Marshall-"explain away the Con-
stitution of our country and leave 1t, a
magnificent structure. indeed to look at,
but totally unfit for use" But we all re-
joice that it has it in its power to hold
and, in the judgment Of America, it has
steadily held. the country in the path of
safety, so that today our people believe.
as we trust they will always believe, that
the preservation of the Union, under the
Constitution. is the surest guarantee of
liberty regulated by law as well as Of the
success Of all movements and all policies
demanded by the common good. If our
institutions should be assailed and over
thrown-no matter by whom or in what
way-whether by arbitrary power, by cor
ruption or by lawlessness. the last citadel
to be taken by the assailants will be our
Incompatible judicial orga nization.
That the court holds the unique position
1t does. that 1t is invested with the extra
ordinary authority 1t Yields, and that we
have judicial system which Washington
11o1 III
government, is due primarily to the far
seeing statesmen of the revolutionary peri
cd. Prior to that time a few individual
writer's like Montesquieu had expressed the
thought that the separation of the judicial
department from other departments of gov
eminent was essential to liberty. But 1t re-
manned for the American people, in advance
of all other peoples, to distribute the powers
OF government among three separate CO.
equal and coordinate departments and to
secure that distribution against sudden
change by means of a constitution that
should be the supreme law of the land, and
therefore binding upon ALL That doctrine
is the foundation of our freedom. Remove
that foundation and our institutions will be
SO impaired as to become the prey Of alb
solutism or anarchy The experience Of
more than century places it beyond queS-
ton that the independence of the judiciary,
and it's authority, uncontrolled by other de-
partments Of the government, or by popular
whim and passion, to declare the meaning,
scope and limitations of our Constitution,
are vital to the existence and we'll being of
the republic.
1t may be said-indeed, it has been said by
way Of criticism-that the action of the
Supreme Court has not always met with
universal approval. and that its members
have often differed upon grave questions
of constitutional law. Such occasions will
always arise in the case of any tribunal
constituted by human authority. But 1t is
gratifying to know that those occasions
have not weakened the position of the court
before the country. There is abundant rea-
son to believe that the people confide in its
It's integrity and its learning,
and have an abiding faith that no perma-
nent or irreparable harm will come to the.
republic by any action that court will ever
take. In the early history Of OR country 1t
was the fear OF some that the Supreme
Court. exerting the enormous power con-
ferred upon IT, might ultimately so change
our form of government as to destroy or
endanger the essential rights Of the states
and tmperil those fundamental rights Of
life. liberty and property which belong to
free men. But few, If any, now entertain
such apprehensions. and there is practical
unanimity among statesmen, jurists and the
people as to the essential nature of our
institutions. 1t Is now the established and
accepted doctrine that the Constitution,
emanating from and representing the peo-
pie Of the United States. creates govern
ment with certain powers for defined pur-
poses and with paramount authority within
the sphere of the exercise Of those powers;
ga wing n the tat fulJ cauf ro1 IN, n -,