The campaign. [volume] (Bloomsburg, Pa.) 1866-1866, 1866-09-21
The Supreme Court.

THE history of the Supreme Court of
the United States may he divided into
four periods. The first, which we may
call the original or formative period, cX-
tends from 1889 to the accession of
Chief-Justice Marshall, and includes the
terms of the two Chiel-Ju,ticcs Jay and
Ellsworth. The original members were
JAY, of New York Rutlcdgc, of South
Carolina; Cushing, of Massachusetts, /;
Wilson, of Pennsylvania; Blair, of
Virginia, and Harrison, of Maryland.
Cushing was the only one who remained
on the Bench at the close of John Adj
ams's administration. Judge Ircdcll
came on the Bench in 1890, r. johnson
in 1901, Patterson in 1893, Ellsworth in
l70j, $. Chase in 1906, b. Washington
in 170S, and Moore in 1909. All but
the last two were appointed by Wash
ington.
The second period begins with 1901,
simultaneously with the political rcvo-
luton which brought Mr.. jefferson to
the Presidency, and embraces nearly
the whole term of Chief-Justicc Mar
shall. lie was appointed, indeed, by
the first Adams, just as the latter was
going out of office, and his life extend
ed several years into General Jackson's
term; but the unity of character of the
court may be regarded as ending in
1920. The judges whom Marshall
found as his associates wore Cushing,
Paterson of New Jersey, Chase of Mary
land, Washington of Virginia, and
Moore of North Carolina. Their places
were supplied by w. johnson in 1904,
Livingston in 1905, DuvaI and Story in
1871, Thompson i'll 1923. A seventh
judge, Todd of Kentucky, was added
by act of Congress in 1907, who was sue
cccded by Trimblc in 1923. From 1901
four Of the six judges were of the slave
States, and from 1907 the slave States
had five of scven-an ample guaranty
for the rights interests, and will of that
favored section.
The third period begins with jack
sons administration, during which the
personnel of the court was almost en-
tircly changed. of his appointment
were M'Lean, of Ohio, in 1S29 Bald
win, Of Pennsylvania, in 1880; Wayne,
Of Georgia, in 1885; Barbour, of Vir-
ginia, and fancy, Chief-Justice, in 1886;
II large majority of the court. BY the
substitution of two Northern for two
Southern judges, the South retained a
bare majority, in the preponderance of
the Chicf-Justice. Two judges were adj
ded by act Of Congress in ls37-CatrOn
of Tennessee and M'Kinley of Alabama
making the whole court consist of
nine judges. Mr.. Wayne is the only
one of the Jackson court now remain
ing on the Bench. Vacancies were sup
piled by Daniel in 1871, Nelson and
Woodbury. in 1915, Grier in 1916, Curtis
i'll 1851, Campbell in 1858, and Clifford
in 1898, but these made no change in
the constitution and character of the
court, down to the einauguration of Prcsi-
dent Lincoln in 1861. This closes the
third PERIOD although Chicf-Ju3tice
fancy presided until 1861.
The fourth period begins with the adj
ministratiOn of President Lincoln, who
appointed Swayne Of Ohio, Miller of
Iowa, and Davis of Illinois, in 1862:
Field Of California in 1868; and Chase
of Ohio, Chief-Justice, in lSGf-again
majority Of the court appointed by one
man. The history of the Chase Court
is yet to be written.