Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-07-17
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Ex-senator Foote'S "Reminiscences.

ing eight lines fifty cents
Ex-senator Foote'S "Reminiscences. !"
TN, first American statesman who became
Familiarity known to me 10 early lite was Chlet
Justice John Marshall, whose gravey benignant
asnect, and whose simple and unaffected man
ners, are yet yiyidly pictured on my memory.
Whilst student OF law 10 the well known town
Of Warrenton, distant only about fifty miles
from the city in which | write, saw this re-
markable man repeatedly. For many years of
bis eVentful and most useful life he was accus-
toned to pay an anoual visit to his native county
of Fauquier, where be was the owner of con-
siderable landed estate, and where he had
numerous body OF kinsmeIn and friends 10
whose society he liked to unbend himself and
freshen bis remem brance of years gone by.
Often do | recreate my own fancy by bringing
this trouly great and good man before my
mental vision just as he was when | gaztd
upon him fifty years ago, pacidly lettering
along the street Of our county town, on court
days, exchanging kindly greetings with the
friends of his youth Of all classes, hearing from
their own lips all of good or of evil which might
perchance have beiaIlen either themselves or
their families since last he had encountered
them, and seeming to take real and affection
we weltare iu,e and happiness. Wei do | remember
that this gratifying spectacle was sometimes
surveyed BY one who stood to me at the time
in relations of tender and confidential compan-
ionshp; whose extraordinary intellectual PROM
i>e, associated with all the moral graces that
can adorn young, energetic manhood, had
already called forth the most favorable
prognoscs OF his future fame and usefulness
from host of loving aud admiriug friends =
prognostcs which have been since most abun-
dainty realized for that friend OF my early
years has, 10 the half century that has rolled
away since he and | we're fellow students iu
our native State and pouring over together the
pages Of Coke aRd Blackstone, has acquired
high reputation. both as jurist and advocate.
in one Of the largest and most populous States
of the Union has accumulated large estate
chiefly By his labors VS. barriSter, and is now
hoDcrably occupying seat upon the Bench OF
that high tribunal OF which John Marshall was
himself the chief ornament, when he and l,
full fifty years ago, were surveying with an al
iectionate admiration-not unmixed perchauce
with CERTAIN sense Of awe-the serene glories
which epcircled this ilustrious parsonage.
1t will be- at least, regarded by some as
remarkable fact that when, some eight years
ago, upon the demise Of Judge fancy the. OF:
flee OF Chief Justice, which had thus become
vacant, was rendered to Justice Swayne,; SO
that if he is not now occupying this high place,
it is not because the lannented Lincoln did not
deem him worthy to hold it. Had President
Lincoln's original intentions touching this mat
ter been carried into effect, then, within (com-.
paratively speakiug) very limited period of
tlme the American people would have seen
two Chief Justices ofthe Supreme Court OF the
Union selected from the same county IN the
bosom of the ancient Dominion !
A short statement of facts will render this
matter little palmer. President Lincoln did
formally tender the place Of Chief Justice to
Mr. Justice SWayne He, as formally, did ac-
ceIpt. The proffered honor But this Glanced to
war was yet raging, and when a long protrac-
tion Of hostilities was to be apprehendcd If per-
feet harmony and concord should not he pre-
served in the non seeding States Of the Union.
Chief Justice Chase had been announced as
candidate for the Presidential nomination in
opposition to Mr.. Lincoln, whose reelection
was by many deemed essential to the ultimate
success of the Union cause Patriots becan
everywhere anxious to prevent any conflict
the bosom Of the Republican party, which, t
was feared, might bring about the election OF
General Mcclellan, Under these circumstances,
number Of enlightened and we'll intentloned
citizens favorable to the election OF Mr.. Chase
called upon MIR. Lincoln, and urged him to con-
position of Chief Justice; In consideration OF
which they protfered to withdraw this gentle
man altogether from the field of contest. This
was a sore trial to President Lincoln tie did
not at all doubt the competency OF Mr.. Chase,
and he was warm admrer of his character
and abilities. But he had already tendered
the Chief Justiceship to his friend, Judge
Swayne Then it was that the msgoanlmlty
audelevated disinterestedness OF ustce SWayne
were made nobly manifest When President
Lincoln approached him on the subject IL the
most delicate and decorous manner, and ln-
formed him of the perpiexing dilemma 10
Which he had become involved, ne did not hesi-
tale one instant to releae his loved aud honor
ed friend from the pledge which he had vol
unfairly given him: and he cheerfuly consent
tlon upon the altar of his country's happiness.
There is another curious fact which l deem
1t proper here to relate, an account OF which |
gave in volume published by me six years
ago. Judge Chase Is known to have been for
many years a Democrat in principle. He was
from the days Of early manhood a Jealous and
fearless opponent of domestic slavery, and had
often signaized his devotion to principle by
strenuous opposition as an advocate to what
Was called the fugitive slave law. he was no
secessloulst, in the ordinary sense Of that term,
out he was conscientiously regardful of what
ne recognized as the reserved rights Of the
States, and he was clearly of opinion that the
fugitive slave law was serious infraction of
these rights. When he was acting in the Of
nee Of Governor of Ohio he resolved to bring
I'm TINS matter to test in the courts Of the State.
lhe manner in which the question as to the
Validity of the law was raised is familiar to
ah When the matter was under examina-
uon in the. Supreme Court Of Ohio, there
were three judges there presiding. Que of
These was known to regard the law as Con
oppse onnan vs reiay bs br 70 express a an
HSWan was supposed not to have made up
dis mind upon the subject. President Buch
anan bad employed Judge Swayne, then