THE SUPREME COURT

[Speech of Melville W. Fuller at the fifth annual dinner of the New

England Society of Pennsylvania, Philadelphia, December 22, 1888. The

President, Heman L. Wayland, D.D., said in introducing Justice

Fuller:--"The reverence of New England for law and her readiness to

make law (a readiness, perhaps our enemies will say, to make them for

other people) naturally suggests the topic which is first on the

programme--'New England in the Supreme Court.' I shall not enlarge

upon the sentiment, lest I should only mar the canvas which will

shortly be illumined by the hand of a master. The case of New England

versus The World has long been in court; the evidence is in; the

learned counsel have been heard; and now, before the case is finally

given to the intelligent jury of the human race, it remains only that

we hear a charge from his honor, the Chief Justice of the United

States."]

MR. PRESIDENT AND GENTLEMEN OF THE NEW ENGLAND SOCIETY:--I

thank you sincerely for the courtesy which has afforded me the

opportunity of being with you this evening, and am deeply sensible of

the compliment paid in the request to respond to the sentiment just

given.

We all know--we have heard over and over again--that the "Day We

Celebrate" commemorates an emigration peculiar in its causes. It was not

the desire to acquire wealth or power, nor even the spirit of adventure,

that sent these colonists forth. They did not go to return, but to

abide; and while they sought to make another country theirs, primarily

to enjoy religious independence, they were much too sagacious not to

know that emancipation from the ecclesiastical thraldom, of which they

complained, involved the attainment of political rights and immunities

as well. And so this day commemorates not simply the heroism of struggle

and endurance in silence and apart, for a great cause, not simply the

unfeigned faith which rendered such heroism possible, but the planting

of that germ of local self-government which has borne glorious fruit in

the reconcilement of individual freedom with a national sway of imperial

proportions.

It commemorates the advent of that first written constitution of civil

government, that first attempt of a people in that form, by self-imposed

fundamental law, to put it out of their own power to work injustice;

that agreement, signed upon the sea, "to enact, constitute and frame

such just and equal laws and ordinances, acts, constitutions and

offices," as should be "thought most meet and convenient for the general

good of the colony," to which all "due submission and obedience" was

promised. And this was followed a few years later in the sister colony

of Massachusetts Bay by that "Body of Liberties" which, it is well said,

may challenge comparison with Magna Charta itself or the latest Bill of

Rights. Instinct with the spirit of common law, though somewhat

ameliorating its rigor, these "rites, privileges and liberties," to be

"impartially and inviolably enjoyed and observed throughout our

jurisdiction forever," commence with the preamble that "the free

fruition of such liberties, Immunities and privileges humanitie,

Civilitie and Christianitie call for as due to every man in his place

and proportion without impeachment and Infringement, hath ever been and

ever will be the tranquillitie and Stabilitie of Churches and

Commonwealths. And the deniall and deprivall thereof, the disturbance.

If not the ruine of both. We hould it therefore our dutie and saftie,

whilst we are about the further establishment of this Government, to

collect and expresse all such freedomes as for present we foresee may

concern us, and our posteritie after us."

And so they ordain that no man's life or liberty or property can be

taken away, or his honor or good name stained, or his goods or estate in

any way damaged under color of law or countenance of authority, unless

by due process; that every person, inhabitant or foreign, shall enjoy

the same justice and law general to the plantation; that there shall be

no monopolies, except for new inventions profitable to the country, and

for a short time; no imprisonment without bail except for crimes capital

and contempts in open court; freedom of alienation and power to devise;

no primogeniture, no escheats on attainder and execution for felony;

succor to those fleeing from tyranny; full freedom to advise, vote, give

verdict or sentence according to true judgment and conscience; in short,

the expression or the indication of those safeguards to liberty, the

possession of which enables a people to become and to remain free.

Well may we claim for these documents large influence in forerunning the

organic laws of the several States, and that matchless instrument which

a century ago was framed in this fortunate city, which had been blessed

before as the place where the Declaration put on immortality.

And now in the latter half of the third century, since the bearers of

the underlying principles of Republican rule placed their feet upon that

rock, whose shadow was to become a solace to the weariness of the

perpetual toils and encounters of the land, we may well hope that what

they sought has been achieved, an enduring Government of laws and not of

men; security to freedom and to justice, "justice, that venerable

virtue, without which," as exclaimed New England's eloquent orator,

"freedom, valor and power are but vulgar things."

It is delightful to keep these remembrances alive, and while duly

recognizing the rightful claims of all our brothers to their share in

the foundation of the institutions of a common country, to dwell upon

what the forefathers were, what they accomplished and what they still

accomplish through the works that follow them. And as it is not

unnatural that at the same time we should felicitate ourselves upon

whatever of eminence or good fortune has attended the efforts of their

descendants, the reference, Mr. President, you have made in connection

with this toast to the court over which I have the honor to preside

enables me with propriety to indulge in an allusion to those from New

England who have labored in that field.

On the seventh of April, 1789, a committee was appointed by the Senate

"to bring in a bill for organizing the judiciary of the United States."

Able as were his colleagues, it has been generally conceded that "that

great act was penned" by the chairman of that committee, Oliver

Ellsworth, of Connecticut. On the twenty-fourth of September--the day

upon which the Judiciary Act became a law--President Washington

nominated for the Supreme Court of the United States a chief justice and

five associates, among the latter William Cushing, of Massachusetts,

who, after holding high judicial office under the Crown, but supporting

the cause of his country in the Revolution, becoming the first chief

justice of the State of Massachusetts, passed from that distinguished

station to the Federal bench, as one of his eminent successors has done

in our day, and who was commissioned to, but compelled to decline, the

headship of the court. Then came Ellsworth, whose great services in

framing the Federal Constitution in the Connecticut Convention, in the

United States Senate, in high diplomatic position, were complemented by

those he performed in the discharge of the duties of this exalted

office.

And so, following the careers of Marshall and Taney, Chase (fresh from

magnificent conduct of the national finances under circumstances of

tremendous difficulty), and Waite, from long and successful practice at

the bar, won enduring fame by deserving and obtaining the commendation

that a place rendered so illustrious by their predecessors had lost

nothing in their hands; men of New England birth, thus dividing in

number the incumbency in succession to Ellsworth, while he who has but

just entered upon that service, proud of the Prairie State from whence

he comes, has never ceased to regard with affection that particular

portion of the Fatherland in which he first saw the light.

Ellsworth and Waite, Baldwin and Field, and Strong, of Connecticut;

Chase and Woodbury, and Clifford, of New Hampshire; Cushing and Storey,

and Curtis, and Gray, of Massachusetts--these are names written

imperishably upon the records of the Court. But of the five from

Connecticut, Pennsylvania and California and Ohio claim four, and of the

three from New Hampshire, Ohio and Maine two; while the Old Bay State

preserved her hold on hers.

Surely it is not too much for me to say, that up to the present time New

England has in this sphere of public usefulness vindicated her title to

regard by the exhibition on the part of her sons of that devotion to

duty and that adherence to principle which characterized the men to

whose memory the celebration of this day is dedicated.

May that memory ever be precious, and reliance upon that Providence

which sustained them under the tribulations of their time, and has

conducted their children in triumphant progress through succeeding

years, never be less. [Applause.]

Modern Eloquence: Vol II, After-Dinner Speeches E-O · 第 55 / 212 题