Page:The Supreme Court in United States History vol 1.djvu/86

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60
THE SUPREME COURT


of the basic principles can be found than in the memorable charge of Chief Justice Jay at the first of these Circuit Courts, held in New York on April 4, 1790: "It cannot be too strongly impressed on the minds of all how greatly our individual prosperity depends on our National prosperity, and how greatly our National prosperity depends on a well-organized, vigorous government, ruling by wise and equal laws, faithfully executed. Nor is such a government unfriendly to liberty—that liberty which is really estimable. On the contrary, nothing but a strong government of laws, irresistibly bearing down arbitrary power and licentiousness, can defend it against those two formidable enemies. Let it be remembered that civil liberty consists, not in a right to every man to do just what he pleases, but it consists in an equal right to all citizens to have, enjoy and do, in peace, security and without molestation, whatever the equal and constitutional laws of the country admit to be consistent with the public good.'* He pointed out that it was universally agreed that it was "of the last importance to a free people that they who are vested with Executive, Legislative and Judicial powers should rest satisfied

    1792. The first Circuit Court in Rhode Island after its admission to the Union was described in the Columbian Centinal, Dec. 22, 1790, and the Chief Justice's charge was termed "full of good sense and earning though expressed in the most plain and familiar style. ... At length have the mild beams of national Justice begun to irradiate the State and opened a dawn of hope for better times" ; see also Jay's "excellent charge" in Rhode Island, Mcu*achuseUt Spy, Dec. 15, 1791; charge of Jay in Vermont, Columbian Centinel, July 28, 1792. On Sept. 27, 1792, at a Circuit Court in Connecticut held by Judges Wilson and Iredell, Wilson "addressed an elegant and pertinent charge to the Grand Juiy in which he expatiated with great force and beauty of language upon the excellence of the institution juries", Connecticut Journal^ Oct. 8, 1792; American Daiiy Advertieer, May 15, 1792; charge of Judge Wilson at Providence, R. I., "replete with the purest principles of our equal government and highly indicative of his legal reputation", Providence Gazette, April 25, 1793 ; see also charges of Judge Wilson in full at Philadelphia, defining the Federal crimes, Pennsylvania Oazette, April 14, 1790 ; Columbian CenHnel, May 1, 1790 ; Maseachusettt Spy, Sept. 8, 1791 ; American Daily Advertiser, Feb. 5, 6, 9, 1793; charge of Chief Justice Ellsworth at Savannah, Ga., Connecticut Journal^ May 25, 1796.