National Republican. (Washington City (D.C.)) 1872-1888, 1873-10-24

Investigation. saeacity and forecast, when
such gifts are possessed, supply to a. large ex-
the duties Of The particular station or for an ex
tended preliminary preparation for their per-
Gits Of the kind 10 q high degree were pos
,essed by the subject OF these remarks, as shown
| Throughout his public career OF Governor OF q
gree. state, senator IN CONGRESS, Secretary o. the
nal. Mere versatility Of mind could not have so
! honorably met the demands Of these high POSI-
tons. succe in so various and snch important
preparation, furnishes indnbitsbie evidence Of q
strong and vigorous mind and q high order OF
intelligence, which enabled the possessor to
analyzs and comprehend many things with ease
and facility which mind Of lesser grasp would
only have pushed further on with every attempt
Opportunity for preparation In legal knowledge
he did have In his carly manhood. Prior to the
time he entered public life he was engaged In the
practice Of the law, and became eminent 10 his
profession, as sufficiently appears In the volumes
| OF the published decisions OF this court; and he
was eminent as the Governor OF his adopted
STATE and as senator 10 Congtes, before r1 he
until u may he said, " the period Of eight years
during which he was the chief Justice OF this
court be included, that he has cxempiided pig
arises In civil life.
Dinicut aud untried questions were constantly
Arising during ,he early stages o. The late rsoe
OF the Chief Justice In solving the difficulties, or
call In question his sagacity or forecast In re-
happy confIcI, as Il Is within the recol,ecton Of
many that he was able TO look beyond the mist
OF civil agitation and even through the darker
and more irsnlial cloud q s,,i var and e see
dawn Of day under whose light all those threat
cninE aspects would be dispclled.
Difference Of opinion cannot exist as to the
variety or Importance Of his public services, but
Il Is q mistake " suppose that purely intellectual
efforts are In every case the unialllng index Of
nish the correct means Of estimating Inc value
OF his public services; as such Efforts, though
great, may be accompanied by such vices OF
heart and defects OF disposition as greatly to
lessen or even destroy their influence Ia such an
estimate. Purity, impartiality, love Of justice,
aud respect for public and private rights are
and in every such respect the character Of QUE
deceased brother challenges our highest admit
ration. His respect for public. aud private
rights s universally acknowiedged. and neither
purity Of his life or his impartiality In the per-
| torrance Of his public duties.
Throughout his career as Governor, Senator In
Congress and Secretary Of the Treasury he al
ways manifested love Of Justice, aud the same
| trait OF disposition and character Ia evinced In
all bis judgements whether rendered q. IN tnls
what diligence and patience he Investigated It'll
gated questions, and how willing he was to re-
view or even to surrender his own opinion In or
Men mud 1t easy TO review others, hut much
more dlfI,cult to criticise and review their own
acts, and yet that ia the very summit to which
the upright judge should always be striving.
Judges sometimes surrender with reluctance
fayorite opinion, even when condemnation con-
fronts y AZ every turn, and they md It well nigh
| Impossible 10 yield It at all when II happens TO
| harmonize with the popular voice or Is gilded
with the rays OF successful experiment.
Pride OF opinion at such time Is too apt TO
exactly under such circumstances that the late
Chief Justice was called upon TO review as q
Judge one OF the most striking and conspicuous
OF his acts as the guardian of the national Trea-
sury at = moment when the fate OF the nation
| ton.
when 1t was adopted, and true had secured for
an extensive approval, as the war OF the rebel
| lion was vlct0rlousy ended and the national
wealth was Tap,ay increasing a, Circumstances
not well be Imagined, but the Chief Justice, who
| had so creditably met the demands OF duty In
such a great variety Of other responsible posi-
tions, did not hesitate to apply his best powers
to the task Of reviewing the measure In question,
| and finally recorded his opinion that It was not
justified by the Constitution.
| Judges and jurists may dissent from his nna
| conclusion aud hold, "a majority Of the justices
| OF this court do, that he was right n Secretary
OF the Treasury, but every generous mind, as Il
| seems to me, should honor the candor and self
| control which Inspired and induced such action.
During the rebellion PROBABLY no one mind
could have successfully met all the requirements
the country had war to wage, Union to pre-
serve AMI a Constitution aud Government OF
laws to uphold and maintain, for which purpose
| conservative judgment In the Judiciary was
well nigh rs essential as the courage OF the SOL
| der or the wisdom OF the Executive or the pa
| trloiism and forecast OF Congress-. Heavy re-
| sponsbilities rested upon all, and II was fortu-
nato that the Supreme Court, throughout large
portion Of that period, enjoyed the benefit OF the
wisdom and forecast Of the late Chief Justice.
| Defects he doubtless had, but he had q calm,
| composed mind, In whose placid depths the be-
| widering events Of the national conflict were
| wisely aud clearly reflected, and In most cases
| correctly exhibited, To the o herwise perplexed
comprehension Of many other persons. Clear
| ness, repose and depth characterized his intel
| lect Few men were better able TO anaiyse the
events OF that period as they occurred, AID TO
| upon the future welfste OF the country when
| the conflict should end; and II Is to these rare,
| great attributes Of mind that the inquirer must
turn II he would understand how It was that he
| was able to discharge with success the duties Of
| Chief Justice after years OF such diverse en-
and m much o.
pigments and In his carly practice. Reyered
| and conspicuous names had previously filled that
station, but Il may be said, without fear Of con.
| successor OF Marshall and fancy.
summoned. as he was, to the station OF Chief
Justice Of this court from NE largely spent in
the executive, legislative and administrative de-
partments OF the public service, surprise may
well be felt at his great success as Judge, espe-
cially In view OF the events which trausPired
great importance and exceptional character Of
| the judicial duty he had to perform. Numerous
cases presented for decision within that period
| involved questions OF prize and the exposition
| OF the law OF nations or the application OF the
| laws OF war, and many others have respect to
the rights, obligations, duties and privileges OF
citizens, and II Is for that reason as well as
others that they will ever be regarded as OF great
value to the public as well As the legal profess
| sion.
Rnt N vo,t1 la =. oraa, orror 80 .,nna.. 49,,
| the Chief Justice entered upon his high once
with partial qualifications for Its important
duties. On the contrary, he brought to the ofice
q profound and comprehensive mind, familiar
lied with almost every variety OF public duty,
and matured. strengthened and developed by q
long and most instructive experience. He was
prudence, and upon his accession 10 the bench
bent All the energies Of his powerful mind to q
mastery OF the pecullarites and history Of Fed
nently adapted 10 the comprehension Of legal
science, and so readily did he solve controverled
questions Of private right that he principles OF
law and equity seemed almost inherent IN his
nature.
Appointed, as 1t were, by common con sent, he
seated himself easily aud naturally In the chak
Oh 5ds, Go, ana grsiefuly answered every Dc
TO the dignity OF the once or TO the elevation OF
the individual character OF the incumbent, or to
hi VI nrmness purify or yigor q mind. From the
him he viewed all questions submitted to him as
judge In the calm atmosphere OF the bench
and win ne deliberate consideration Of one
who feels that he Is determining Issues for the
remote and unknown future Of great people.
Throughout his judicial career he always
maintained that dignity OF carriage and that
calm, noble and unostentatious presence that
uniformly characterized his manners and de-
pertinent IN the social circle, and In his inter-
course with his brethren his suggestions were
always couched 10 friendly terms, and were
never marred by severity or harshaess. Even
when disease had shattered his physical strength