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

ito check that overbearing and insolent
demeanor of the bench handed down from
colonial times" It may be said that there
are not wanting justices, however, even IN
our late day, who regard with hostility
the press and discussion, as prominent
Justice said to me, fortnight ago, that
..No administration could be successful
with modern newspapers" might have
replied that 81 knew some justices IN our
day who could not succeed even with a
newspaper"
The Scotch Wilson was succeeded, at
his death, by Bushrod Washington, the
Generals nephew, spendthrift and spec
ulator, who had been in the hands OF
sheriff for debt. Washington had written
to him previously: 'You do not possess
the ability for such an appointment -
This man was but thirty-nine years old
when appointed by John Adams; he was
the progenitor of John A. Washington,
who sold Mount Vernon and persisted OBJ
scurely in the rebellion. Like all ap-
pointments OF nepotism in republics, this
was an office made ready for the man,
and not the man for the Office.
Chief Justice Ellsworth resigned when
Adams was about to 60 out OF power, and
Adams fastened, before the news OF his
own defeat should come in from the coun-
try, to nominate John Marshall, his Sec
rotary OF State, head of the bench. The
same year the President had the judiciary
reorganized, SO that Supreme Court judges
were released from circuit duty. The
bench was put down to five, and the dis
tricts increased to twenty-three, arranged
into six circuits.
Thus the last act of John Adams as to
the courts of the United States was little
better than the behavior of his Judiciary
of the previous four years, and be went
out of Office with deep and loud public
clamor against him, having rammed his
strongest partisans into all the new places,
fastened to close out the sedition act lest
it might plague its inventors, and estab-
ished the present courts of the District
of Columbia. MIR. Adams would have
kept small page in our Jurisprudence
but for the excellence and long life Of John
Marshall.
Marshall presided at Burr's trial at Rich
mond, where Edmund Randolph and
Luther Martin proved too much for Will
liam Writ.
BrockhoIst Livingston, who had been
John Jays secretary. succeeded Patterson
in 1907, and the first Western judge went
on the Supreme Bench the same year.
Thomas Todd. Chief Justice of Kentucky,
possibly connection Of the Lincoln FAM
lily.
It is remarkable all along what ages
these old justices keep if they stay on the
bench and let politics alone Livingston
kept his seat until 1928, and Todd until
1896 johnson, whom Jefferson had APP
pointed to vindicate Rutledge, sat on the
bench thirty years and proved how the
bench expunges both hatred and graft
tude by being the first to issle a man
damus against Mr.. Jeffersons embargo at
Charleston So did Judge Livingstone
distress Jefferson, his creator, by holding
that there could be no indictment for
treason where a trader, trying to slip
through the embargo, fought the marshals
and the United States troops, even if
death ensued.
When the most modest Cushing of his
family passed away from his low seat in
1911, q second fight took place over a
Mr.. Madison wanted to appoint Levi
Lincoln, who declined; and then Alexan-
der Walcott was set up, whom the Smith
faction in the Senate refused to confirm.
Robert Smith was Secretary of State, and
brother of Samuel Smith, who was Bal
timore merchant, politician and warrior.
The Smiths would have nothing done
which Madison wished. Next, John
Quincy Adams was sent in by Mr.. Mad
son: and the President, to conciliate
the Smiths, offered Robert Smith, Adams
legation at st. Petersburg. Smith had
too much character to swap in this way;
and Indignantly resigned his portfolio,
BY which circumstance James Monroe
was called to Smiths place, and thus q
quarrel over the confirmation of a justice
made Mr.. Monroe President
Adams, hearing of the rumpus at st.
Petersburg. thought he had better stay
there than come home and wear silk
lress, and it was this decision that made |
aim President.
So, after this vacant seat had stood very
ong in the courtroom, Madison sent in
he name of Joseph Story, an enormously
ong-lived judge. He took the office at |
he age Of thirty-two, and kept it thirty |
our years, made q large fortune by his |
aw writings and practice, and is still kept |
% some degree among the living by the |
performances of his son, who has left his
statue in marble among US. There are, 1 !
believe, but three statues at full length of !
American justices: Story at Boston, Mar
'hall at Richmond, and fancy at An
lapolis.
The combative old Mr.. Chase's death |
aised to that eminence another Marys
ander. OF highwaymantic name-Ga. |
'riel Dual. He did not ride horseback
IS much as that great jurist. Claude |
)uval. but sank into his clair, where he |
lept aud gave opinions for twenty live
ears.
This extraordinary old chap lived to be
years old.
For good instance of longevity ON the |
bench. add the two terms of Chase and |
ouval. and they make forty.seven years:
id Tauey's term of twenty EIGHT years, |
md you have three straight heats of three |
men. born nearly within sight of each |
'ther's homes. in the necks OF Maryland |
Who sat on the United States Supreme
5ench successfully just three-quarters of
. century. Chase lived seventy years,
)uva! ninety-three, and fancy eighty
even. Total. $50 years. 1t is not i'm
'robaoie tina, the great age of Methuselah |
vas owing to the fact that he was given a
if. Office.
The Supreme bench received several ex-
client accessions from the period of Mon
oe downward, including John Mclean
The only man that left the bench to 90 |
nto the rebellion, James A. Campbell. |
till lives to repent it, and, I believe, such |
re the extremities of an advocates life
'efore some judges nowadays, that he
lot long ago gave Judge Durell certif-
ate Of character.