The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-10
Deals With Two. Period { I K d}s''gaj' Il
\. In the History Of the EEIS
Supreme Court. sS
FIVE THOU
TO BE 3PRlN1TE,Dl.,j Il I i,
The Executive G Committee Re con,s
a mend the Purchase of the IS
3.a John Marshall House. issEF IE'
The Meeting Ends zss;: n
With a Brilliant
as Banquet. 5s;Sss

}t5 3. dAAS 4Sl. gsAH
Especial from Staff Corresp dent.)
Fl or sPRING Gs, Il uglst 9. .-T .--!T WI
ffea ture OF the third and final day Of the
convention OF 4 tile & Bar Assoc ton was
the address delivered his n morning ~
Justice David il Brewer, Of tho United
States Supreme Court. The add dress sl
made a most rofound " inpr ession III
fact, Is agreed bys all thai none ever
delivered before the Il q ssociatl lon ii ths
eighteen years OF It's existence 4iiapr pressed Il
the lawyers 800 deeply or q ELI GIFTED tenlSSs
more. The address u was one VII ichS Ia \;
bound to attract the ttention OF f8 the
country at large, as i Is at once gatS power
full, vigorous and eloquent dissent against
the present tendency to cen tralize all
power at Washing ton and Il to put ~ pom
the Congress the duty OF correct ting all I'll
evils real or lnag Ina r.. !. aS ri ea Tor great
ger viduality and sense ID OF resp ponsi s#
biiity among the ci l2enshi 5sS sSs s$
5a3 Justice Brewer s g ubjects was ggSsN Two VI
Periods III the His story Of the Supreme
5Court the pc riod 81 ma tional5
stability; the second ,ls5tne period II subse .ss
gqlient3 to the wa ], VI ich he termed the
period of ma ttonal enlargeme ent. He did II
not mean to say that thesej period dsS were "a
created by II: s
$pendently OF the OF her bran chesS Of the
government for, at ter all, ,S he II sal In n
the last analys la at he court largely 6re.sa
fleets the popular jld GIN ent not Its ha sty%
opinion, but that W icf Is The result #ofss
deliberate Ell and well consld ldered thoug ght.ss, M,
sags sag3 Justice Brewer cited II many cases e-S
fcided ~ the supren Court, L ustratings
l,og tty,9g Ia
/ extending from the e oundation of Ss the n
$governme It'll to the 4 ltbreak k y OF the wa Nh
Ito interpret the Constl tltution In a. ma ii -3
Srer to ext tend tai scope and lnereas q tllsa
Ssolidarit Of the nat ional goYernment s7Ss
Wos WieWs.
| The Il new consti tuition was j suscep pIiblsa
sof two lines Of Al cons true TO one pro1S
sceeding upon the troug gtl Il that lleres;
was sim pl an inprov venle en- Is 80 pon the
ton was created he ne ople theR
Thirteen States Ito n, " h.cf there
were thirteen communities retnining II To-
cal government al N tiers 81 af-,a
$fecting 8 ationality subor dina
John s5 Marshal l3 delivered
many gopln ons ss In .whl lchS tn So 3S% Jews ~
we're considered 8sT he CO urt In 4 the early
part Of the hrst period, at least, !, leaned
very strongly tow ards he 10 tie 81 view OF
the Congtttution and Y Ion. ii 3Sgs
8 Justice Brewer sal d y he did not mean
TO express dissent from the decislons of Y
Chief Justice Marshall. He thought AZ
were right, but he could not rel rain from a
calling attention to the fact that In early x
Official utterances q. UnltGd "a States. isS sSss
used always in the plura l.S but OF late ~
we are coming 20 use It #as q col Elective n
and singular noun u t used to be- said the
United States are. but Snow8s;it ~ Is tha a
United States Is"
Il 4 From the conclusion Of the war We be- ss
gan to write nation with q Il capital u NJ
we then entered upon the period Of the N
enlargement Of the ma ton. s3
Referring to the las t three anlendments% II
to the Constitution. Justice Brewer. after,
citing q number OF cases arising under
the first two OF the three, said
s{{5:.While 1t may be said that the Rdeci-
sions thus far have been In restraint ot NJ
L the transfer by3virtue OF these amend-S&
sments OF the entire sovereignty OF the III
State, yet the amendments themselves a
increase the power OF the ation and
give 1t aslarger control over the Internal ~
life of the repu bile, and to this extent s
tend to increase the one at the expense 9
OF the other.'' u s
IL He showed. however. hat the rulings
made in the first period, asserting rla- II
tional stability, had been most VI gorou Sly
reasserted In the second. ss} ;sEs8 sE
IA States Rights.
After citing the celebrated legal tender
cases and quoting from the opinions 5of
several of the justices In those cases,
Justice Brewer said sts VA !, sS g5:
Theory of the cases is substantial ally
that as by the Constitution a nation was
created all the powers inherent In na-s s
tlonal sovereignty as Understood at the "
time OF the adoption OF tho Constitution
were vested in the national government,
except as expressly prohibl ted. /. but under 8a
that construction what becomes of the &
Tenth Amendment, which declares that i
the powerss not delegated to the United VI
States by the Constitution, nor prohibited ss
by 1t to the States, are reserved 10 thu
States respectively. or to the people? gVss
The applause at this point was 80 pros
ilonged that the speaker had await some s3
moments before he could proceed,
"a most striking portion Of the address
was that which referred 70 he recent Sin- !;
sular case, In which it was decided that
the national government has the power }to ~
acquire ana hold. free from constitutional
Limitations, and subject to colonial cons
troll, territory outside the limits OF the i
organized States, l
Nov I su hmit this Inquiry" said Jus-
EtIce Brewer. "Did the candid, lntslll- &
gent men who drafted this Const itu tton 81
and the people who adopted It, havin8 IL
fjust finished a seven years war 70 Tres n
themselves from colonial sup1ection 70
Great Britain, intend to vest In the goY~ 4
eminent they were creating the powerito
hold other territory In like colonial sub
jcction2 25 ls5 3a
II can but look upon it as an inputas@
Ftion upon either the Integrity or the intel-H
I lisence OF tha trainers OF the ConstituttnQ
thar this nation should establish fpt
other lands that Same colonial sub1ectto1 %
to relieve themselves from which hat1