New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-25
THE SUPREME BENCH.


in the Chicago Tribune. OF the eighteenth.
from the pen OF George Alfred Townsend:
Reflections of the Presidents nomina-
| tons for the Supreme bench have not
| been uncommon, and, in some instances,
the reflections have not stopped with one.
nor with two men.
Judge Smith Thompson, who had been
| appointed Justice in Monroe's admins
| tration, died in Tyler's. As he represent
ed the great State of New York, which
| was, therefore, without representative
on the bench, Tyler nominated for the
vacant seat his Secretary of War, and
| subsequently of the Treasury, John c.
| Spencer. On all discriminating grounds
but party-passion, the appointment was a
| tit one. Spencer was not only success
| full lawyer, but has left legal fame for
| his fine revision of the statutes of New
York and explanatory essays, a work
similar to that which gave Mr.. Chase his
position as legal author in Ohio. The
Wings, under Clays leadership, cast
solid vote against him for his adhesion to
John Tyler, and he was rejected by vote
of twenty-six to twenty-one.
Next. President Tyler nominated Silas
Wright. name which would have hon
ored the bench no less than the Senate.
where Mr.. Denton said of biD:
''He spent that time in declining Office
which others did in winning il, for he was
born great and above Office. and only took
it for its burdens"
Mr.. Wright declined il. in order, as
some say, to be ready to oppose the an.
nexation of Texas. Then President Tyler
nominated Chancellor Walworth. who,
although the father of the man recently
murdered in New York. aud grandfather
of the young parricide, was most indus.
trious and capable jurist, as he afterward
proved by twenty years service. This
nomination was laid on the table by an
intrigue of both parties. unworthy to
either. The Wings were divided; but
those of them who wanted to beat Wal
worth went over to certain Democrats and
said:
"a new President is to be elected next
gear; let us hold this over. and take cur
chances evenly on the result Of the cleo
ton
For whole session, therefore, no action
was taken on the nomination. In the
winter of 1916, when Polk had been
elected, all the judges of the Supreme
Court Of New York and the most distin-
guished lawyers and public men petition.
ed the Senate to confirm Mr.. Walworth.
The Wings also withdrew their oppose
ton: when. 10! Tyler, in his last official
moments. withdrew Walworth's name and
nominated the late Samuel Nelson, who
was probably better Judge than any of
the three preceding him could have made,
and who was confirmed February IL, 1915,
after the seat had been fifteen months va
cant.
It must be either that the bar Of the
country interposes from past rivalry or
professional standard, or that Senator's
regard vacancies in these life justiceships
as 700 good political plums to lie. a Presi-
dent confer them at will; for there is gen.
orally more fuss over a judicial appoint.
ment than political one.
Washington nominated Chief Justice
Jay and al the bench of six persons.
being careful as to their geographical dis
tribution. The public regarded one of
these associates as jays competitor.
James Wilson, Of Pennsylvania, native
Of Scotland. who had been taught at
school by the rhetorician Blair and the
hymn book maker Watts. and who came
to America only ten years before our in |
dependence was declared. Mr.. Wilson |
kept his position under John Jay only a
year, when he was made law professor in
the University OF Pennsylvania. and has !
left no very great mark on the country.
In the same array was a Cushing. Will |
liam. and also Of Massachusetts,, but not. |
! believe. a near relative of Caleb. This |
man, seven years after ne took his seat,
Was rendered the position of Chief Justice. |
but declined it. being at the time sixty |
three years old and snugly accommodated |
to his chair.
1t is a well-known fact that the largest |
sized chairs are bought for the Supreme !
Court; for. no matter how small one is |
when appointed he speedily fills his gar
ments, broadens out. and dies as big rs |
the inventor of beer.
All Washington's appointments of every !
kind but one being duly confirmed, and |
by ballot. these justices promptly took |
their seats, except one, who preferred to be
Chancellor of Maryland. Another. Rut-
ledge, resigned to be Chief Justice of |
South Carolina; whereupon Washington
did an act which might look little like |
returning favor. He nominated in Rut-
edges place Thomas Johnson. late Gov.
ernor of Maryland, who had nominated,
eighteen years before. Colonel Washing
on himself to be Comnander-in-C Chief of
he American armies. Justice johnson
appeared to be uneasy in the place, and
n less thar two years he resigned.
The Supreme Court had no great con-
titutional question before it for four
1ears, when the case of Chisholm VS. the
state of Georgia brought it to face the
ssue as to whether one State could be
ued by the citizen Of another. Edmund