, 1874-01-18
uou Politicians Get Upon It---Fight-
ing Over Nominations.
,ndoes Arrayed Against Each Other
The Court Ungowned.
A Practical Showing from Jay
: to Cushing.

.,,nted Justice in Monroe's Administration,
;zad in Tyler'a. As he represented the great
e,pta Of New York, which was, therefore, with
.1t representative on the Beach, Tyler nomi-
.,tsd for the vacant seat bis Secretary Of War,
ead subsequently Of the Treasury.
JOHN c. SPENCER
IN III discriminating grounds but party passion,
tha .upointment was q fit one. Spencer WAS not
n,lv successful lawyer, but has left legal
S.na for bis fine revision OF tho statuteB OF New
York md explanatory essays,-a work similar to
th., which gave Mr. Chase his position as legal
,n,hor in Ohio. The Wings, under Clay's leader
.hip. cast solid voto against him, for his adhe-
tiou to John Tyler, and he was rejected by q
,c;e Of 26 to 81.
Next, President Tyler nominated
ELIAS wR1GHT,-
,nsme which would have honorcd the Bench no
,sss than the Senate, where Mr. Denton said OF
bin:
He spent that time in declining Office which
rhers did in winning it, for he Was born great
nd ADORE Office, and only took it for its
Burdens"
lii. Wright declined it, in order, rs some say.
10 be ready to oppose the annexation OF Texas.
fhea President Tyler nominated
CHANCELLOR wALroRTH.
yto, although the father Of the man recently
murdered in New York, and grandfather OF the
suung pa1ricide, WIS a most industrious and
ar.bls jurist, as he afterward proved by twenty
ssrs' service. This nomination was laid on the
nile By IN intrigue of both parties, unworthy to
ether. The Wings we're divided but those OF
them Who wanted to beat Walworth went over to
eartsn Democrats and said:
"A new President is to be elected next year !;
htu hold this over, and take our chances evenly
~ The result Of the election
Fu whole session, therefore, no action Vas
tteo on the nomination. In the winter OF 1916,
Shen Polk had been elected, all the Judges Of
ths Supreme Court Of New York and the most
distinguished lawyers and public men petit
hmed the Senate to confirm Mr. Walw orth.
The Wings also withdrew their opposition !;
rhen, loI Tyler, in his last official moments
withdrew Walworth's name and nominated the
ls:a
sAMCEL NELSON,
sho Ess probably q better Judge than any Of
ths three preceding could have made, and who
sss confirmed Feb. 10, 1845, after the seat
hM been fifteen months vacant.
Il must be either that the Bar Of the country
tntaposes from past rivalry or professional
kandard, or that Senators regard vacancies in
thesa iife-Justiceships ns too good political
su there is generally more fuss over Judicial
*ppolntmcn. than political one.
TIE QUARREL AT THE FIRST.
Washington nominated Chief-Justice Jay and
IL the Bench of six persons, being careful as to
their geographical distribution. Tho public re-
Earded one Of these associates as jays compeh-
sa,-James Wilson. Of Pennsylvania, q native
of Scotland. who had been taught st school by
TIE rbetorician Blair and the hymn-book maker
Watts, and who CAME to America only ten years
tslore our independence was declared. Mr.. VIII
son Kept his position under John Jay only
YER, when he WAS made Law-Ptofessor in the
University of Pennsylvania, and has left no very
great mark Oh the country.
In the game array WAS Gushing, William,
and also Of Massachusetts,, but not, Il believe,
near relative Of Caleb This man, seven years
alter he took his seat, Vas rendered the posi-
ton OF Chief-Justice, but declined it, being at
he time g yea1s old and snugly accommodated
to bis chair.
LISA
WELL KNOWN FACT
:aat the largest sized chairs are bought for the
Supreme Court; for, 10 matter how small one
s when appointed, he speedily fills his gar
nents, b!oadens ont, and dios as big rs GambEi-
Al Washinngton's appointments Of every kind
p put one being duly confirmed. and by
palot, these Justices promptly took their
ffea'a a, except one; Who preferred to
lsdge, resigned to be Chief-Justice Of South
Catolna; whezeupon Washington did an act
xheh might look little like returning favor:
De nominated in Rutledge's place Thomas john
eon ate Governor Of Maryland, who had nomi-
1sted eighteen years before Col. Washington
ietoseu to oe Commander-in- Chief Of the Ameri-
ao Armies. Justice johnson appeared to be
be reslgued.
GROWTH OF THE COURT.
4: lhs Supreme Court had no great constitu-
.sona question before it for four years, when
sae case OF Chisholm rs. The State Of Georgia
Vt nlought i to face the issue as to whether one
Gssse could be sued by the citizen OF nnother.
Edmund Randolph, the Attorney General, main-
:aaeo the Affirmative; Georgia denied the juris-
- aHuon OF the Coult. Immediately there began
- oe cn#-fshing on the Bench, and Justice
osael Of North Carolina, endeavored to avoid
~ .1eeaaion BY trivial objection to the form Of
elqaea to go hence.
~ hnanaolph pressed his opinion and the Court
Etetey eteoy made the fret record by which the
~ Ies we're shorn of their sovereignty as far aa
e,ass ~ ~ 1nenable to tho Federal tribunals. Con-
5.ess, aoWaFer, took immediate measures for an
Ek.A.. ~ kl9 Nt!1eL1tul4lu ~ p4UkEEt AAd
'1sta against 6nits BY individuals.
"ay BE said just here, to show that
that a!s:oRY ALWAYS GOES BACKWARD,
eras -as 14loolph soon got into q Cabinet quarrel
;,,sa, more Serious than Attorney General Will
I..s Ils nas recently had, and was put out OF the
tnsso.sney -Generals Office. Nevertheless, there
49, 70 This day jurists who claim that be WIS the
H. hse1 sasstclous and constructive legal mind OF
h,1dsh Spy. >1N'"@ '@
n - y. l5s6 WaahinGton's nomination Of Rutledge
II 70 r. .aia1-1 ust1ce was rejected by the Senate,
Js, nsssmngton's own request. for denouncing
TeatJ ut Charleston, where he had not ap-
Heetts heard Of his reelection. Thus the FIRST
ea'et,'nst1ee OF the United States WAS re-
Eosened By the man who nearly succeeded him
- me concoctor OF n treaty stupidly il not
"saa!1puy saa signed, and destitute OF single
psIs ppae1e worthy OF approval" For saying this,
.s .anease Tas rejected. and he went crazy But
55aosnes man who took the same position against
IL IL ~ tne same meeting in Charleston. William
;ssa ;;sasenson, WAS put on the Supreme Bench IN
~ o. 3 President Jefferson, and remained there
.. QUEER INSTANCE
H. Il ne executive and Judicial Departments fall
s. Alou- John Jay is called an idiot by John
tnnl: taasaRe- Although Washington had designed
h.pus hutledge in jays silkeu gown, he would
:, ..s ,"ne aone OF him for being Jay-hawler. But,
s~.:ampensate - the memory Of Mr.. Rutiedge for
e~ug crazy over his rejection, President jeffez
IN