Opinion of the Court. matters presented for consideration, that the plaintiff is not entitled to the relief it asks or to any relief founded on this bill. It must, therefore, be dismissed, and it is so ordered." On the question thus considered the counsel for the appellant cites the cases of United States v. Throckmorton, 98 U. S. 61, and Pacific Railroad of Missouri v. Missouri Pacific Railway, 111 U. S. 505. But we concur in the views of the Circuit Court, and are of opinion that it is not shown that the decree in the foreclosure suit was procured by fraud or collusion. It would serve no good purpose to examine in detail the testimony bearing on this subject. These conclusions make it unnecessary to consider the defences of the statute of limitations and of laches, as urged by the appellees. The decree of the Circuit Court is Affirmed. MR. CHIEF JUSTICE FULLER and MR. JUSTICE BREWER did not sit in this case or take any part in its decision. APPENDIX. CENTENNIAL CELEBRATION OF THE ORGANIZATION OF THE FEDERAL JUDICIARY, HELD AT NEW YORK, FEBRUARY 4, 1890. THE first Monday of February, 1790, fixed by the Judiciary Act of 1789 as the day for opening the first term of the Supreme Court of the United States, fell upon the first day of that month. When the judges met in the room which had been assigned to the court in the Royal Exchange, at the foot of Broad Street, on the line of Water Street, in the city of New York, no quorum was present. Chief Justice Jay was there, then forty-six years of age. The place of meeting was in his own town, where he not only lived, but where he was then assisting Washington in guiding the new ship of state, by taking the practical supervision of the conduct of Foreign Affairs. He had been for years the Secretary for Foreign Affairs under the old form of government; and, when the change took place, he remained there at Washington's request, until Mr. Jefferson should determine whether he would accept the place, and, if accepting, until he should assume the duties of the office. In the language of the President in offering the place of Secretary of State to Jefferson, "Those papers which more properly pertain to the office of Foreign Affairs are under the superintendence of Mr. Jay, who has been so obliging as to continue his good offices." Mr. Justice Cushing, just approaching his fifty-eighth birthday, was there. He had held the first place in the Supreme Judicial Court of Massachusetts, and now took his seat upon the bench of the Supreme Court of the United States. Mr. Justice Wilson, Scotch by birth, and in his forty-eighth year, had arrived from Philadelphia; but no other Justice appeared, and, as the statute prescribed four as a quorum, the court of necessity adjourned to the next day at the same place. Mr. Justice Blair, who was then fifty-seven years of age, reached New York before the morning of the next day, and the court was then organized. What took place is thus described by Mr. William Allen Butler, in his address at the celebration: "On the first Monday of February, 1790, the day fixed for the opening of the session of the court, a quorum was not present: on the following day, the first Tuesday of February-one hundred years ago the room in the Exchange, set apart for the court, the Federal Hall being occupied by Congress, was, as we are informed by the United States Gazette, in its issue of the next day, 'uncommonly crowded.' Numerous Federal, State and municipal officers were present, and 'a great number of members of the bar.' The Chief Justice and Associate Justices Cushing, Wilson and Blair, took their seats on the bench, attended by the Attorney General of the United States, Edmund Randolph of Virginia; the letters patent commissioning all these officers were read by John McKesson, Esq., who acted as temporary clerk; Richard Wenman was appointed 'cryer'; proclamation was made, and the Supreme Court of the United States was opened. "By these acts, marked with true republican simplicity, the full breath of life was breathed into the government of the United States, and it became a living organism. "John Jay wore on this occasion the ample robe of black silk, with salmon-colored facings on the front and sleeves, which the pencil of Gilbert Stuart has perpetuated in the fine portrait, a copy of which is now in the chambers of the Supreme Court at Washington. It was, as the family tradition declares, the academic gown of a Doctor of Laws, according to the usage of the University of Dublin, which had conferred this degree not long before upon the new Chief Justice; who, in the absence of precedent or rule, thus gracefully associated the garb of the University with the dignity and destiny of the new tribunal in which he presided, a not unfitting attestation that the true equipment and investiture for judicial office is not political affiliation, but professional fitness. "The Associate Justices wore the ordinary black robe, which has since come into vogue as the vestment of all the members of the court." Except to appoint its officers, to frame its rules and to provide for the formation of its bar, there was nothing for the court to do at its opening term. In a little over a week it adjourned. The following is a reduced fac-simile of the entire record for the term; all of which, I am told by the present clerk of the court, is in the hand-writing of Mr. Tucker, the first of his predecessors: - ted States, begun and held at New York, bung the Seat of the national Government) on the first Monday of Tebruary, and on the first day of jaid month Auns Domini 1790 Prerent The Mombe John Jay Eng : Chicl furtice The Hons. William Cushing and This king the day afsigned by Law, for commering the first Sessions of the Saplme Court of the Whe -ted States, and a fufficient Number of the Justice not bring convened the Court is adjourned, by the fes - tices how present, untill to Morrow, at one of the tack in the afternoon Mr. Justice Wilson's name is consistently misspelled in this record. Compare it with his signatures to the Declaration of Independence and to the Constitution. I am happy to bear witness to the fact that the modern successors of the first clerk are more accurate than he was. 713 The Honble Tuerday. Teb7 24 1790 The Homb John Jay Eng : Chus fartice William Cushing Proclamation is made and the Court is opened Lettier patent to the Honorable John Jay Eng bearing date the 26th day of Vents. 1789 appointing him druip furtice, of the Junome Court of the whirled dateren •opinly read, rad, and rubleshudun Court глад, Lettin patent to the Hons & William Cushing in bearing date the 27th day of stepte 1789 appointing him associate frustace of the Sup: Court of the United Stites are operly read and quillented un fourt |