The mountain Democrat., 1864-07-09
Chief Justice Tansy.

bSeu ieCAOuC0 = BoOo IAW(eTI WudteNer
may be thought Of him as statesman, or
10 any other capacity, The VehHk& s&>
ninistsrc1 by him to ar Sumner, in a
recent debate in the Seaate, for saying
%hat decision Of the Supreme Court had
disgraced the country, was effective
Mr.. johnson said:
Now, Mr.. President, I think, whatever
may be the opinion Of the honorable men, |
Der from Massachusetts, or OF any other !
member of the Senate, that, if there is |
any department OF the Government which, |
from the beginning of its organization to |
the present hour, the public in general |
may be proud Of, it is the judicial depart.
ment Of the Governuent, as far as the |
Supreme Court constitutes q portion Of |
that department And am not singular |
in that opinion. 1t is not necessary to |
advert to what was the impression Of the
people Of the United States, the bar and
the public, during the days when that
tribunal was presided over by Marshal,
for the purpose Of calling to the recollec-
tion Of the Senate, what am sure is fresh
in their remembrance aud TO which, there.
fc.e, their recollection need net be speci.
ally called, that there was throughout the
length and breadth uf the land the most
implicit confidence, net only in the Gbso-
lute integrity of every member % the
bench. bat in the uHequalled ability Of all
the members Of the court, and especially
of him who in public estimation lowered
above the rest, John Marshall And al
though it would seem to be, perhaps, in
appropriate, let the say to the honorable
member from Massachusetts, that much
rs he may now disparsgingly think of the
venerable man who presideS over the de-
liberationS of that tribunal, and has for
the last twenty or thirty years, he is not
alone in that particular. When his name
WAS before the Senate Of the United States
for confirmation, first as Justice of the
Court, and secondly as Chief Justice, his
continuation WAS resisted steadily, zeal
ously, by, among others, Clay Of hen.
lucky. There WAS hardly M opprobriou5
epithct which, as he told mc himself af-
'erSG:-s lie failed to use against the nom
instioD; Ant from conviction that the
noninee Was Unfit, and would prove to be
unfit ItA the discharge Of the duties Of the
Judicial station. But say il, and it is
due To the memory Of the dea and due
. hIn who now Survives, survives trem-
!i"gly, his life having been protracted
much bryond, As we know, the ordinary
period Of human life. and who has devoted
himself with untiring energy, and with
exclusive devotion, and with unsurpassed
Ehiiity, to the duties Of his station, that
after he had been upon that bench some
four or five years, and Mr.. Clay had been
the witness, from having practised before
/ him and read his decisions, Of the manner
in which his duties tad been discharged,
he, Ss he told me him self, after hearing an
opinion delivered by the presiding Judge,
went to his quarters to see him, and found |
him alone; he said he felt the embarrass-
ment necessarily incident to the object of
his visit; and after exchanging the Saluta-
;ions suited to the occasion, and being
about to leave him, he took him by the
hand and said:
I Mr.. Chief Justice, there was no man
in the land who regretted your appoint
ment to the place you now hold more than
! did; there was no member Of the Senate
who opposed il more than did but |
have come TO say to you, and say it now
in parting, perhaps for the last time,
have witnessed your judicial career. and I
it is due to myself and due to you that l
should say to you what has been the re-
suit, that am satisfied now that no man
in the United States could have been Sc
lected more abundantly able to wear the |
ermine which Chief Justice Marshall hon.
! ored."
Aud With the tears tricking down the
cheeks Of both-I speak the words of
J Henry Clsy-they parted, and that opin.
ION he continued to hold up to the last
moment that his life was blessing to the
country.
Mr., President, II is no light thing to as
SAL the Chiet Justice Of the ntcd States,
or hat high tribunal We have an inter
est, jurisprudence has An interest, justice
has an interest, the nation has an interest
in maintaining the character of that tri-
bunal against all unjust rcproach. 1t is
no light thing to pronounce a decision
~gisaR-b by -sHeh~ tsil 1RAl- as- that O. dis
grace. I never deal in epithets Mr. Pres
dent, if know myself | am willing to
give, .nj | always 30 allow, to him who
differs from ire upon any question about
which It is possible for a difference Of
opinion 10 exist, the credit of sincerity
ani honest conviction; and cannot there
fore stand still and hear y tribunal like
tha! .ssailc1, az think unnecessarily, by
anybody, and particularly by the honora.
Die me;ober from Massachusetts, who
stands. in the estimation of his friends,
50 high aioii that his voice is heard the
land over, and is, in their impression, po-
tential.
CoNsrIgJTloS o. Tnr BRAiN,--A cores
ponAent writing FROM Washington to the
Cincinnati Enquirer, describes little de-