New-York tribune., 1910-12-18

,,.4,o, Of Associate Justice
r,o,.lass White, of louisiana d
n he the ninth Chief Justice
l''i--l.~7a 1-,;-aa states Supreme Court ana
=, canate-s prompt confirmation liieie
N or1ention 10 the great part WHICH
- 5,,rist's predecessors in once anu
associa+es on the bencn OF the
.o,,,r in the land have played IN
US - an a working basis the
- Ibid down in the Constitution
-r,,,,s up3er John Jay, Of New Aorh'
=. e-st Chief Justice QIS9-9o)' uhe
80 STATES supreme Court estaohshed
z;o,i+v its freedom from encroach-
~ -y,e federal executive and leg
.l,o.i,,s departments and its jurlsdlc-
- o,,er the state governments
7ohr Rutledge. Of South Carolina, was
,--,o;r+a5 by washington Chief Justice
:, 17q5. but the Senate refused TO con-
s~-, him in that Office in December OF
,ba- year because Of his vigorous opposl-
,ion 10 the John Jay treaty with Eng
lang.
oliver Ellsworth. Of Connecticut, Chle1
Justice from 1795 until $500. LED the
l--,,- 1,-fiel7 delivered the opinion in the
case OF Ware KS. Hylton ct AL pF
which the federal treaty guaranteeing
,brorgh court action the payment to
,oreig7 creditors Of debts. later confis-
,s-a5 hy the State of Virginia. was up
le1s. Thus was established the prln-
sirle htat the federal government super
se5ad in authority the acts Of the indl-
yidual state legislatures
John Marshall. of Virginia, the fourth
thief Justice 0S01-'35), delivered the first
a,,,boriratiYe exposition of the court on
i-s mower 10 declare an act of the fed
,ra1 legislature unconstitutional, and
therefore null and void. In the case OF
Hrarhurv vs Madison he laid down the
,rinciple that il is the right and duty
- The judicial department TO determine
The constitutionality of a legislative act.
and if such act be found repugnant to
the provisions OF the Constitution to
declare il null and void
Roger =. Taney. Of Maryland. the fifth
Chief Justice QS36-'64), delivered the
orinion in the Dred Scott case first
presented ir 1854, twice argued, and de-
cided in 1851. Taney wrote the opinion
holding that The plaintiff in error, Dred
Scott. was debarred from seeking q
remedy in the United States Court for
Missouri. on the ground that he was not
g citizen Of that state. In his opinion
Justice -Tanev enunciated the general
heroine
citizens by the act of any state or OF
the United States owing TO the status
q The negro before the adoption OF the
Constitution. The effect OF this decision
has been nulIined by the passing Of the
Fourteenth and Fifteenth amendments.
Salmon j. Chase, of Ohio, the sixth
Chief Justice QS64- 49,, was called upon
10 decide the great question OF the
power Of the government under the Con-
stjt1Ition 70 preserve itself and main
tain the Union by force against the VIII
cf the states. III the case of Texas vs.
White he affirmed the existence of such
q mower. What can be indissoluble If
q perpetual union made more perfect
is not?" said he in his opinion. The
Constitution. in all its provisions. looks
70 an indestructible Union composed Of
indestructi5le states"
Morrison r. Waite, OF Ohio. the
seventh Chief Justice GS74-'Ss). held it
unconstitutional for Congress to under
take 10 regulate the equal rights OF citi-
zens as guaranteed by the Fourteenth
Amendment. an important illustration OF
his tendency TO guard closely state
rights. In declaring the civil rights act
q 1870 unconstitutional the court said
that the Fourteenth Amendment does
not invest Congress with power TO legis-
late upon subjects that are within the
domain Of state legislation, but to pro-
vide modes of relief against state legis-
la,ion"
Melville W. Fuller, of Illinois, eighth