The eloquent addresses not only stirred the enthusiasm of the great
audiences, but men of statesmanlike minds were looking forward to
practical definite results. Before the World Court Congress adjourned
steps were taken to make the Committee of One Hundred a permanent body,
and so to organize public opinion, with the aid of other associations,
of legislative bodies, and of the press, that it will prove of distinct
assistance to the administration at Washington, which has seemed ready at
any fitting moment to support the movement practically.
UNITED STATES SUPREME COURT THE PROTOTYPE OF A WORLD COURT
BY
HON. WILLIAM HOWARD TAFT
Institutional advances in the progress of the world are rarely made
abruptly. They are not like Minerva, who sprang full-armed from the
brain of Jove. If they are to have the useful feature of permanence
they must be a growth so that the communities whose welfare they
affect may grow accustomed to them as natural and so accept them. Our
so-called Anglo-Saxon civil liberty with its guaranties of the Magna
Charta, the Petition of Right, the Bill of Rights, the Habeas Corpus
Act and the Independence of the Judiciary, constituting the unwritten
British Constitution, made our American people familiar with a body
of moral restraints upon executive and legislative action to secure
the liberty of the individual. The written limitations upon Colonial
legislative action in Colonial charters granted by the Crown and their
enforcement by the Privy Council of England probably suggested to the
framers of our Federal Constitution that the principles of British
Constitutional liberty be given written form and be committed to a
Supreme and Independent Court to enforce them as against the Executive
and Congress, its coördinate branches in the Government. The step,
epochal as it was, from judicially enforcing such limitations against
a subordinate Legislature under a written charter of its powers, to a
judicial enforcement of the limitations imposed by the sovereign people
on the Legislature and Executive that they the people had created in
the same instrument, was not radical but seemed naturally to follow.
The revolted Colonies after the Revolution, though united by a common
situation and a common cause in their struggle with Great Britain, and
acting together through the Continental Congress in a loose and voluntary
alliance, were sovereigns independent of each other. The Articles of
Confederation, which declared their union to be permanent, were not
agreed to and ratified in such a way as to be binding until some five
years after the Declaration of Independence. Meantime it had become
increasingly evident that, strong as were their common interests, they
had divergent ones, too, which might embarrass their kindly relations.
The leagues of Greece had furnished an example of confederations of
small States, forced together by a common oppressor and foe, which had
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