The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-12-06

did much to shape our national Jurisprudence.
We'll DO remember his tall, loose-lOinted frame,
clad in the 8 ub ~ lang Syne, the kindness OF his
looks, and the merry laugh With which he Joioei
VA the cotviviH enjoy ncuts Of the capi al. Grave
on the bench, he cverIeli he'd the social pleasures
Of private life aud hg would always do his share
towards keeping table in roar. III, Jullclu
crminc Wos sp tltse, and he was none tue worse
for seeking relaxation from the tosOme duties Of
hi, judicial position, and thus resting his mighty
intellect
From The organization Of the supreme Court
until 1885, a Massachusetts man was always on
the IcnCh. Justice Gushing was succeeded by
Levi Lincoln, and he by John Quincy Adams,
each Of the two last named in turn declining the
appointment Then came Judge Story who vas
appo utcd iu 1871, aud who, Tor twenty-five yelrs,
left ms impression on the proceedings OF the
rouIt. llHd fitness lTen taken into eOnsiu'ftlnu,
President Jackson would have promoted judge
story to the position of Chief Justice, ultcr the
death Of Marshall but X ger Is. fancy, OF MARY
land, had cone some dirty political work, ana the
Senate bad refused to confirm his nomination as
Secretary Of the Treasury. SO he was appointed
Chief Justice as a reward for his services TO the
democratic purty, which the Senate had virtually
condemned. Never did he prove ungrae'ul -
the political party which thus placed hlm IN
power and might say much on TINS topic ala /
not remember the old admOuitOn-"Je HOrtNlS
"' '''' '' The Old Court.
Originally, believe, the Judges of the Suprom
! Court wore ,arlCt aud cruiuc robes, wi h large
D OF the true w tNlmlNNItl llhll pA'l'Ill libu
came the black silk surp ices yet worn, then set
| of with powdered hair, tight black small clothes,
/ shoe and knee buckles and elaborate rultes. II
/ is ItCurued that Mr.. IaneY was the first Chief
Justice who so far departed from precedent rs 20
| deliver an opinion i'm trOwsers, and Il was only
then that the Iawy CTs began to appear NJ the Tar
wearing boots and whlskgrs. EX-ChancelIer
| B bb, who died here a few years sinCc, made the
last plea iu dcCurOus black, with tights, rulh5s,
! buckles, 40 d a cue.
! From 1925 to 1885 the Supreme Court was the
theatre Of forensic arguments which CCfpScd
thO,c heard in the Senate or in the House OF Rep
! rrscutaivcs. The Dartmouth College inspired
| Daniel Webster to display the majesty of his in
telec'ual grandeur, and to lavish the opulence Of
| his intellectual wealth, as he assailed State
/ sOyeregnty-thcn iudiCiay demolished, but
! since fOstered into life by Democratic justices.
| Livingston, Wheaton, Writ, Haines, Sampson,
| and other eminent jursts, adorned the bar of the
| Supreme Court in those proud days Of its history
/ hut the orator of the bar, par ercelience was
| Henry Clay.
AnecdOte Of Henry Clay.
! Mr. Clay was Speaker Of the House Of Repre-
scntstiyCs when he was retained by the Governor
| of Kentucky TO appear before the Supreme Court,
and Aintain the rights OF that State against the
pretcnsions of Virginia, in loDg-contes cd suit
growing out of what was termed the occupying
| laws" 1t was his first appearance before the
| tribunal in last resort, and large COnC)urSO Of
spectators was attracted by natural curiosity to
! dt dttermiue whether the orator of the West would
| new and untried theatre. When he rose IL was
with some slight agitation of manner, but he soon
recovered his wonted composure, and held his
! auditors in admirng attention, while ne pro
| nounced a most beautiful eulOgium upon the
character of the sons of Kentucky. The judges
| sat in their black robes Of office, sedate and at
! tentye. One of them, Judge Washington, Il
| nephew OF the PGter Patri@) was au inyetcrae
snuff taker, and avaed himself of u mOmentary
pause in the argument to indulge himself with
| the titillating restorative.
Mr. Clay observing this, instead Of proceeding,
advanced gracefully 10 the bench, with his thumb
and finger extended, and helped himself from
Judge Washingtons box. As he applied the
pinch he observed, perceive that your honor
sticks TO the Scotch" and Immediately resuming
his stand, he proceeded in his argument without
the least embarrassment So extraordinary a
step over he usual barrier which separates this
Court and the barristers, excited not little ssto
| nishment and admiration among the spectators
| and it was afterward aptly remarked by Judge
| Story, in relating the circumstance to a friend,
that he did not believe there was q man In the
United States who could have done that but
Henry Clay"
Mr.. Justice Washington,
Many are the ensant anecdotes related about
Judge Washington, who inherited Mount Vernon
where his remains lie Inferred near those of his
uncle. He was small, of an ordinary appearance
and was deprived of the sight OF one eye by eX
cessiVe study. Never was there more rigid dis
Ciplinarian and stckler for etiquette. IL IS sale
that be once sat sixteen hours without leaving
the bench, and that on the trial of General Bhgh
lfor defending Mrs. Sargent'S house with STATE
troops by order of the Governor of Pennsylvania
against the Marshal of the United States), judge
Washington displayed as much unaffected cour
age as General Washington did in his best Tough
battles.
| He was also man of rare humor. On ou(
occasion, Senator Isham Talbot, of Kentucky
argued case in a speech Of impassioned elO
| quence, with his wonderful rapidly Of utterance
and during four hours swords flew with undsua
velocity. After adjournment as the judges vert
disTObing, the extraordinary utterances of Senator
Talbot were being discussed, when Judge Wash
ington dryly. remarked :-"Well, person o
moderate wishes could hardly desire to ivt
longer than the time il would take him t1 repea
moderately that four hour speech VIC have jus
heard"
But am exceeding my limits. Let itbe hopeC
that the new Chief Justice and his associates ma!
restore the ancient and honorable dignity of tn
Supreme Court which has fields of constitutions
jurisdiction spread before it enough
ITO MI the ambition Of prudent Judge,
Though Chatham s language were his native tongue,
And WOies great name compatIiOt with his own