| Show 1 I L a SUPREME sm M on COURT RT OF Fi THE TaE UNITED uNiT o STATES raw 1 j H U H H if U i JU 1 l have been beon asked aMIel to give tho thu rou readers ers of ot the this some description of ut the Court of ot the tho United ll without and porno onto of ot the personal charac charno character ter tel anti alia appearance of ot tho alto Judges sayo mys Hampton T 1 Carson In Philadelphia Record Buah Huoli a 11 topic Is ot of undoubted U public No visitor to lo Washing Washington ton toil whether wh 0 citizen or foreigner faun fatla faunto to visit the thc courtroom In III tho the presided over aver by Jy Chief Chlo Justice Fuller und and no ono one can cnn leavo tho the presence of that bench Lench of ot without u a deop conviction on ot tho thu dignity add power of ot ofIlia tho Ilia tribunal If It hu ho knows known something ot of Ha its history the thu Impression will bo Jio moro more und and hili morn moto profound Tim rho present paper 1111 01 will wilt ho to toan toan an nil account of u tho the eleven yours precedIng preceding ing the mho elo ot of If John to the tiro chief chlof of which were marked Hod by of ot tho alto court In III tho tiro city ally of P Philadelphia which from 1706 to 1801 WIl tin the scat Bent of ot tho thu federal eminent rho Tho national government was organ zed Izod In Now York by thu the inauguration of Washington at Federal hall tho the con cone of or Connies Congress ail tho the urinal up op opening cuing ening of tho limo Hu pi the same Hanio place No wn won trammeled ex ox copl tho the Installation lion of or tho the judges tho the election of or a n clerk rud the tho admission of ot a 11 few of or tho the but bar When tho the court next mot It wens Willi in Philadelphia In the old oil city hull u Ii building still standing nt tit thu the coiner of ot Fifth Firth and Chestnut struts streets hf sessions lona of or this tho court were hold in ill tho largo Jorge room loom ut at the thu head bond of or tho the stain upon tho the second Ileac floor which recently constituted tho taw mayors audience chum cham chamber ber LOI It was In 11 title this room that John lalm JO John Juhn rid and Oliver Olivo I Worth presided d an as chief justices and mud It teas In ht 11 this room loom that l Hun lion i dolph Bradford and Leo Lou as nit attorneys general of or tits the United States nod lilli John Jhn Marshall under I Hamilton Samuel Dexter Wil Willie lie llama i Lewis Jared Jarell Ingersoll ami William appeared as 08 advocates Chief Justice Jay was a n tall thin man manof of about lI oUt 14 H yeas years of or ago age Tune Tho top lUll ot of othis othlo his hlo head entirely bald Ills his feu features tut on welo Ivele sharp but cast cust In a II classic mold lilt Ills hair hall such sueh an liS ho hull had was drawn dinn behind his hili earn carll tied with a u block black lib ill libbon bon lIOn and 1111 slightly powdered Ills eyes oyeR veto dark all unil penetrating und anti hit his maulers manners wore quiet and find unassuming lie Ho had hail Icon been h oll so BO constantly In public life Ufa that he ho was more moro of a n statesman titan than thana titana a II lawyer but tho the purity ot of his hili conduct wn w uk j such that Washington singled shingled him out as one who would give dignity anti anil to tu tho the court over which ho he lynx the lust Hist to preside John Rutledge of or South Carolina watt was tho the first associate named in tho the list of oC five flo whoso whose names were sent dent to tho the Sen eon Senate ate In III September 1789 Ho lie was wall a n man I for hh his eloquence ut at tho the bar ba lIu und ami HIll In the Iho continental Congress Ho llo hum had been a 11 judge of ot the tho court of or In III his hili own state stale and nud was said to bo lu of or great groat legal learning Of ot this his wo w o have hae no means of ot Judging for 01 he ho sat nat hut but rarely std nu If It he lie delivered opinions they were welo not nol repotted reported HP Ho became In name tho tiro second duet chief Justice J JA JAhad l had hal peon hon elected governor of ut New Now York Voile but hut tolled failed alle of ot confirmation owing o to 10 tho the foot fact that thol his hili brilliant mind suddenly lIu underwent n a 1 sad sail eclipse rite Tho next associate was William Cushing dishing of o Massachusetts a 1 tall nun man with a II nose like the tho beak eak of ot a 11 hawk hawl hawkIn hawlIn In dreas adhering to the tho style stylo of tho the thoi i revolution evolution wearing CO l a 1 lint hat wig and small clothes with shoo anise buckles hucl and all 1111 theno ho lie retained well Into tho the butt laut century At tho the time of ot Ills his appointment ho he was chief eldot Justice of ot Massachusetts Robert Hanson Harrison of Maryland a I special favorite of or owing to his membership of ot tho the mill mili military tory tary staff titon of or tho the general declined ills his appointment preferring the tho chancellor Nhip of ot his state James Wilson tho the ablest member of or ortho the tho first supreme court cout was wao a 1 lender leader of ot tho the Philadelphia I bar bill nn an orator of ot marvelous power and an nn international jurist of ot the thi wt t 11 It rm his hla speech in tho the Pennsylvania convention which Induced that body to ratify mtH the tho constitution of at tho the United States Ho lIe 18 born In Scotland but nt ot 21 yenta of ot otOO n OO ago o had como come first to 10 New Now York and finally to Philadelphia Ho lie was a n signer of tho the Declaration of ot Independence and andin in ado hla early days was as n a 1 tutor In theold tho the old Academy of or which was the parent of ot our noble University of ot Pennsylvania Ho lie had a II broad brond open honest hOlleRt face with mild mud blue eyes and wore a 1 hugo huge pair of ot heavily rim mod matt mot silver spectacles John of Virginia was a II small mat man with wit h an enormous head particularly broad between the eyes Ills His hair was wall red rell but scanty nail on his hh lower lip was like the tho bill of ot n a bird He Ho was wasu wasa u a technical lawyer James model Irodell of or North Carolina who took place was wall n collateral descendant of Ireton the thc of ot Oliver Cromwell Ho Ire was wall perhaps the ablest lawyer of ot hits his state nod and had attracted attention publicly by the e ex c tr strength of at hh hla He ply to the tho Observations of o George Georgo Mason of or Virginia who had been boen such n a sturdy opponent of or the constitution of ot tho the United States and who had hall actually re refused refused fused to sign It At first there was Bras no business tho the docket was empty and nn of ot records there wore none The however ero nil all actively engaged in circuit work worl nod hud had to deal with exciting state trials growing out of ot tho the Intrigues of or Citison Citi Cili son ron Genet the piratical nets of oC Hen Ilene Henfield field floh an American who tried to make e war Will on En England under the thc protection of ot tho the French ling flag and the tho famous whisky insurrection In Ul tho the western part of ot Pennsylvania When they came camo together ns as a court hart had resigned as na nn un associate anti nn ills his place was taken by John on of o Maryland the man ratan who had nominated Washington as ns com come of ot tho the continental ar are army army my and who declined to take Jolter place llaco OH OJ secretary of or state In the tho cabinet of ot Washington By ny this time lime a very cry serious question had hind arisen Every I very state during the ho he revolution and am afterward had become heavily In debt elit not only to Its It I own cit elt citizens nfl but to those of ot other state How wan wall tho the money moner to be collected Could a 11 state be bo sued ailed suedA 7 A man named Chisholm a 11 citizen of ot South Routh Carolina sued the tho state of ot Genre Goor gla and ns as a n 1 state wan a 1 party to 10 thin the suit stilt It was brought nt ot the tho outset In Inthe Inthe the Supreme Court of ot tho time United States The Tho governor and tho the attorney I general of ot the tho state refused to appear It was wan not for tor a II sovereign common commonwealth commonwealth wealth to be brought to tho the bar bor by a n private citizen of or another state Here was defiance at nt tho the outset of ot federal w j u u www u M u u U u u w u w u u U UiN authority and 1111 tho the attorney general of or the tho United Unit states Hiatus who hull had bean limo tho governor 0 ot of Virginia made mudo n motion that unless Georgia en 1111 tOled an Inn appearance at nt the tho next term torm of ot court commit judgment should be he e culm ml against her 1111 It by y default Could such a 1 motion lio be 1 Tho wad waa not Hilt l only nasal noval hut hilt It was repute replete with willi wIt i told danger clangor It was lylla one ono of ut constitutional notion arid and rots one of ot tho thu grounds of ot opposition OPI to 10 time thu conn con COli constitution hind had botn born that states would woul bo bu into limbo court by parties HIJII such n 1 man In II 11 ns as John Johll Marshall who ns us WP we 11 shall sea later hitter became iho giant groat expounder of or federal lout had exclaimed III In debate 1 I hope no gait Oil will w think It possible for ti a 11 stale to lc bo he sued nut Mr MI Randolph though fully tully conscious of ot the storm morin he lie might contended for limo tho th life HIM was wa masterly but It lone lonea IU a 11 controversy so 80 far an as argument ment t WUI tho limo state te would not employ counsel to appear WI Oi liar her The rho Judges all nil louvered delivered separate opinions Justice Blair planted himself on Oil the tho express language of the tho lotion Tho rho jurisdiction lollon extends ho said 1111 1 to 10 controversies between a 11 state and citizens ot of another state Wilson with n II rare gift girt for tor analysis de do declared dared that tho time question may perhaps be bo ultimately resolved Into one OM no less leas radical than thun this hits Do tho the people of or tho thu United States form torm n a nation 1 Cunn Cush Cu h lag ing In argued If Jr n state Is h entitled to Justice In tho the federal i court against n a 1 n of ot another state why not lIot such ouch citizen against the C where wh lI tho time Poole III Q language Jo equally comprehends coin both hoth 7 rime Tho ho opinion of ot Chief Justice Jay sons tho time most moat elaborate ho his ever erect ered U it was no degradation of ot a II slat to 10 ho bound by tho thin terms of tho the nation national nl al compact and tho the case ca o fell ell within the spirit and the exact words of or the con COli constitution alone Tim Thin Th ThIon constitution Ion In III his Ma view vi ow was not self Relt enforcing It required 11 nn an act of ot Con nn Gress to It lt There Pliers was no such Buch net act and nil 1 historically there mner hod boon beet a it suit Nult In hl against n 1 Ills opinion contained nil all tho time germ Genoa of ot what subsequently Bu b known bonito 1 no na state stalo rights right doctrine owl and was wasa a 1 quarry whore helo ninny many men have havo hewn hown their Wilsons opinion con COil contained oil all the germs germA of ot what han since e heat been often otten urged ur In favor tavor of ur national power or Ro Sc thin case cm Is Important and Inter Interesting eating esting both hoth and politically would not nol submit Same M K a law that anyone attempt lug IlIr to enforce the tho judgment of tho limo Sue tin Bu prone premo Court against t her should suffer surfer the tho penalty of oC death Two IO days das titter after the decision sine pronounced tho the W v ear MI t r nIT to the tho constitution to Congress The Tho court lOUIt refused d I to 10 bend to the tho popular fury tur aal entered Judgment by hy default The Tho plaintiff however h prudently awaited time the action of tho limo states on un time the amend amendment ment and when whon that was wao adopted roe 10 fused to proceed further Time The ho importance of ot tho the decision how cor ever remained It was a 11 clear asser assor lion tion of ot national power and Judge Cool ey ev has hall since that the tho Union would have huo beon of but little wale al If time the judges of ot time the hl highest court hill hail not displayed the tho of thick their Then camo carne the Ihl case of Hilton Milton vs 8 tho time u United tho the carriage tax case cane which Involved the tho power powel of at Congress to lay IllY taxes and tho time distinction be tween direct and amid Indirect taxes was wall drawn It Is IN a n case which ha has hils been alluded to ns liS n a 1 leading lending ono one In hl every argument nr since and played an import important mint ant part pait in 11 the recent Income tux tax eases cases It Was WOR argued most brilliantly by hy Alex Alexander under ander Hamilton ton mho Tho decision that uniformity must bo be observed whenever Imposts excises amid duties dulleR were laid anti next wherever tho the tax wits was direct It must bo ho capable of ot apportionment according to 10 tho the census It rt was WIlS clear that t a n I tax on 01 carriages could not bo ho apportioned according ding to tho the hence It was held that It could not bo be boa bea a II direct tax Then rhon followed n a very Interesting ad admiralty ty ease caso which decided that tho time United States courts had tho the exclusive right light to determine all 1111 unsettled ques questions questions as III to prize money which hall hail bunted In Ih captures on en the tho hl h seas dun dur during lug ing time the i revolution evolution by hy privateers and vessels fitted out by y tho the separate states This wens II Important because several states particularly Pennsylvania hind had taken the tho ground that the decisions of tho the old admiralty courts of or time the state were to control A change in tho the chief also took place John Jay had become gore gov governor 10 of ot New York John holm sor and Oliver Ellsworth of Connect cut ft n very vory great grent lawyer was nominated by b Washington and nm confirmed as ns chief hid not been lIlen confirmed ns as his hi justice iq hi It 1700 His lII most mORt conspicuous service to the tho III country hind had boon been 11 hi hla au nu authorship of ot the tho Judiciary a nut ad t of oC which established c 1 the jurisdiction of the tho various courts of ot the United States upon lines lilies which have been closely Iosel ad al adhered nf bored hered to ever evor since Ho lie was a n mon of ot massive mind but did not remain long enough lit ih ulnas place to assert ills his hl really great grent power powers Three other mon men appeared upon tho the bench before tho the close cluse of the tho first ten tell years of ot tho the courts Chase of ot Maryland Washing Washington ton of ot Virginia and Alfred Moore of North Carolina Chase Chullo was a I man of ot great vigor vl or of at Intemperate Justice speech and nil c conduct and amid was uns the only Ju of ot the th supreme court who simo all ever ocr impeached Im Impeached He lie was nII triumphantly ac lie acquitted quitted Moore resigned In lu five years because of ot III health while Washington who wits was tho the favorite nephew of ot President dent Washington Was wan Ill destined to tn be bo become bee come como one of o tho the great nt Jurors of ot the tho country and the time lifelong associate ot of It la is noticeable how difficult it t was to organize the supreme court upon a n eta sta stable stobie ble bie basis The Tho T court r consisted of s six x members appointed l for tor life lite and aud yet In Inton ten ton years there lurid had been lellI three changes In the head lead of ot tho the court and six r c gas 1111 in the officiates Death in tit 11 til Ih preference for tor state service 10 and amid foreign torel n missions all Interfered mol ma mn materially tonally with Its |
