The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-04-05
o y I = y a y z .
Death ef Hon. John Mclean, ofthe United
states supreme Court.

NE were lnOIuAeu W sOicsicPA yoosSAu0y sAAs huu
John Mclean Associate Justice of the supreme Court Of
the United States, died at Cincinnati yesterday morning
He was in his seventy seventh year.
Judge Mclean was born Norris county, New Jersey,
Of humble and respectable parentags hts father being
worthy en,grant from Ireland and weaver by trade,
which he followed In his adopted State aud also in Ken
tucky. In 1899 he settled in the territory northwest
Of the Ohio river, which now forms Warren county,
Chic, and turned farmer. his son labored with him
until he was eighteen years OF age, when,
having exhibited love OF study, he WAS placed in
the Clerks olcs OF Hamilton county, Cipcinnat With
the salary Of this position he was able 70 support himself
while studying the law under the auspices Of Arthur st
Car eminent counsellor and Of the Revolutionary
general Of that name. .
In 1907, before ne was admitted to the bar, John
Mclean married Miss Rebecca Edwards daughter OF DR.
Edwards Of South Carolina In the fall of Mo year.
he being then twenty two OF age he admitted
and entered upoa his professional at Lebanon
Warren county, Ohio.
In 1912 he became candidate for Congress. His dis
trict then included Cncnn at He had two competitors
but chosen by large majority One Of his friends
writes-From his hrst entrance upon public life John
Mclean was identified with the democratic party.
He ardent supporter Of the (of 1929
and Of the administration Of Mr. Madison yet not blind
advocate Of every proposed by the party the
journals Of that period win chow. His votes all
given in reference to principle The idea Of supporting
dominant party merely because 1t was dominant did
not influence his Judgment or withdraw him from the
high path Of duty which he had aked out for himself
Mr. Mclean often voted against political friends yet
highly both his integrity and judgment estimated,
that no Of the democratic party separated himself
from him that account did his independent
In the smallest degree diminish the weight he had
uuI ed among his own constituents.
He was elected in 1914, when a display made in
his favor which is Of occurrence in political history
receiving every vote cast in his district HIS
two most important committees-Foregn Reletons ant
Public IAnds-s sufficient INDEX 10 the breadth well
the sagacy Of his views and his attention to the
business duties of his position Indeed high his
ideas responsibility and trust in connection with
duties Of representative in the popular branch of the
national legislature that he declined 70 become candi
date for the United States Senate when his election
term, until 1916, when having been unanimously
elected by the Ohio Legislature the Supreme1bench Of
by General Harrison Just previous his resignation he
the committee that reported and supported the
bill granting fifteen hundred dollars year to members
Of Congress- instead OF the per diem allowance OF the
time. He believed that under the the business Of
Congress would be facilitated direct attention Having
been per and its effects srepresented by selfish
aspTaDts" repealed the following session and the
law giving eight dollars per day and eight dollars for
every twenty miles travel was instituted.
After dgnifying the Supreme bench Of Ohio for elk
years President Monroe appointed Judge Mcleanin the
summer Of 1922 Commissioner Of the Land Office; and
the next elevated 10 the position OF P0St
master General. Here he distinguished himself in a
highly admirable manner, and drew forth the highest
encomiums. lie ignored the idea OF placing in office
for their political opinions, because they had served
party purposes. He sought out the most suitable
among the applicants and these be entrusted with the
duties Of Office They accepted for their capacity 70
do duty, and had to IT, Business attended TO- and
most gratifying success the result. Judge Mclean
personally superntended the details and arrived
iy at perfection possible In consequence the
larry attaching TO the office was almost unanimously
raised by the Senate and House Of Representatives from
notw Apl1u
followed party discipline and opposed the motion, did
reluctantly As evidence Of the estimation In which
Jupge Mclean arduous and successful abors held
the fact may be nsanced that John Randolph said the
salary Tor the officer and not for the office, tina,
be would vote for the bill II 1t should be made TO expire
when Judge Mclean left the office Charles j. Iugerso
has said he was he very best postmaster that the
try had; he discharged the Office with industry
punctualiV and economy and displayed great ability in
the arrangements. Judge Mclean employed many fe.
males In various small towns and found the
es quite ss efficient as the postmssers" And another
the post by characterizng marked by the greatest
wisdom and moderation. The wrhers Of all sides rival
Upon the accession Of Jackson TO the Presidency in
1929 he appointed Mcsan TO scat In the Supreme Court
q the United States, which be has held with much
dignity for period OF thirty years. In Livingston 9
memoir stated that he rendered the army and
departments but declined them and another writer
gives ths account OF the circumstances leading 70 his a
pontment on the Supreme bench, which the
tereetng from the fact that upon several principles opub
lie policy he offered with the President The story
When jackson about selecting his Cabinet Mclean
cent for, TO ascertain whether he willing 70 re-
main in Washington The object Of the interview having
cxpain the line Of conduct he had hitherto pursued OBJ
serving that the General might have received the impress
sion from some Of the public prints that the Postmaster
General bad used the patronage Of his office for pur-
pose Of advancing the Generals election He desired
jackson understand that such thing had been DONE
and that had he pursued such course he would deem
himself unworthy OF the Presidents confidence or that
any ocher honorable man. But, he bound In candor
TO say should he remain In Office he would not
the he had Mr. hat
In all he had done be had looked with single eye TO the
public ntercstSand that he would be governed by the
same motive Id future that no power which could be
brought TO bear upon him would change his purpose.
Jackson replied with expressions OF regard and
confidence, and wished him to retain the Post Office De
partment, regretting, al the same tme that circum-
stances would not permit him TO offer Mclean the rea-
sury. The Judge replied that having held office under
the late administration, be delicatey situated he
required distinction In the new organization, but
would remain In his old office on the terms stated
tire II being subsequently his course might
not harmonic with Jackson's Cabinet, and be being
found determined TO follow his own way, he offered
the seat the Supreme bench, which be accepted and
entered upon his duties IN the January term 1880
IL conceded that there s perhaps station which
calls into exercise TO greater extent the highest acuI
ties OF the human intellect and Senator benjamin but
gave expression u the general feeling when he said
z From my earliest childhood have been taught to re.
the Judges Of the highest court In the land
selected 70 render justice between tgans by
OF their eminent legal requirements than
Of spoess purity Of character undimmed ustre OF
reputation which removed them far, far beyond even
OF labor and industry trained hs brain as well as his
body 10 meet fatigue and 70 triumph the exhaustion
consequent upon he faithful fulment Of the duties OF
tribunal whore the most important questions OF art
encc commerce. the theory and practice OF constitutional
government and the basis which the fabric Of the
unen stands dis ,ussed expounded aud decided upon
During his long leading member of that tri-
buna tine Jurisprudence Of the country has enriched
by the dhgent lAbors Of his energetic aud cultivated
mind His courtesy 70 COUNSEL his dignity and the up.
rightness Of his character in public and private are
dwelt upon with enthusastc respect and affection by the
intelligence OF the bar and the rei 10
professional friends Some OF his charges grand ures
while ON circuit are cassed among the moet able elo-
quent exposons OF the rights and duties OF American
citizens among themselves and towards other nations
One Of his most memorable charges delivered De
cember 1888, in regard TO aiding fayorng unlawful
military combinations by citizens against any foreign
government or people with whom we are at peace. II
was during the Canadian ,ement and brief extract
viii give the pilh Of the learned Judges conclusions
II there be line Of policy in which all political par
ties aprceit II that should sloof the aQaons
OF other governments that shall not intormnge
uona concerns with theirs And much more, that citi
shall abstain from acts which lead the OF other
governments to violence and bloodshed
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