Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-05-14
Special dis .,at h to the \. Wor Il
POLEsECS On TEss: BENCH.
keanarkable Scene im the United
States Supreme Court.

WASHINGTON, May A scene of 8
| somewhat remarkable character occur
red III the United States Supreme
| Court to day. For once the political
teellng OF certain members of the
court, which Is usually confined to the
councli-room, broke out in public, and
sharp words We're changed on the
bench, which created something like n
sensation among the spectators. TIE
occasion of this unusual ebuliition OF
feeling was the delivery of the opin-
ION OF the majority of the court by
Justice Strong in the case of the Union
Bank OF New Orleans VS. the Mechar-
les and Traders Bank. The former in
stltutlon loaned the latter large sums of
Comic ederate money about the time that
Gen. Butler took command, in 1862
\ few days after the transaction
Butler issued All order forbidding the
circulation of the Confederate money
on and after the Goth of May. The
borrowing bank rendered payment in
Confederate notes, and the Union
Bank refused to receive them, de-
manding United States money. But
Ter had Issued all order establishing a
proves court, of which one Major
Bel was the presiding officer Suit
WAS brought III this court, and the
case was dismissed. Two or three
days after its dismissal Butler order. d
the provost court to rehear the case,
and, III effect, to decide in favor Of
the plaintiff. When the defendant at
tempted to cite the law in obstruction
of this process Buffers Judge inform
ed him that it VAS no use to read the
law to him as he was acting under
orders from his superior The decis-
ion OF the case by the faajority turned
not upon the question OF the payment
Of the money, but upon the legality
Of the action OF this trumped-up
tribunal, which Justice Strong sus-
Tuned III an elaborate opinion,
declaring that Butler acted as the
repre- entatve of the Federal Admin
JstraEol, aud that his right to estab-
llsh such a court followed from the
light of conquest. This decision is an
u,Jra partisan attempt to Sustain But
itr's action i'll New Orleans When
justice Strong finished, Justice Fie d
followed with a long and most ably
written dissenting opinion, which he
read with vlgor, manifesting very
strong feeling by the nervousness OF
his manper. He showed clearly that
HuUjer had not the shadow of right
10 establish anJ thing more than a
common police court, and that the Oh
ders Of President Lincoln and the pre-
vIous decisions of the Supreme Court
made it unquestiouable that this was
the extreme jurisdiction of the mill
tary in dealing with civil Offenders
during the war. Judge Field alluded
TO Butler in terms of sharp sarcasm,
aud declared that he well knew that
he had no such authority as he
then assumed and as the majority OF
the court now sanctioned. Justice
Field mas dIsseuted from the opinion
of the majority i'll several cases in
which they have previously made de-
cislons showing a political bias III
favor of Radical rule, but be never ar
raigued their action SO sharply as to-
day. While he was reading his opin-
ION all the Justices turned toward him
to listen, and Justice Strong grew very
red in the face. At the end Mr.. Field
announced that Justice Bradley desir-
ed him to say that he was not present,
and did not hear the arguments in
the case. Justice Strong replied with
much asperity that MIR. Bradley did
not dissent from the opinion of the
majority, to which Mr.. Field made a
further remark soto UOce, which was
not heard by the Ear. The decision
of the majority, it will be observed,
not only confirms Buffers right to es-
tablish a court to take cogrizance of
civil cases, but to reverse the decision
OF his own court by a military order
wien it did not happen to suit him.