Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-05-07
POLITICS ON THE BENCH.
A Remarkable Scene in the United
States Supreme COurt-Ben. Buffers
Provost Court ut New Orleans.
Special Washington Dispatch to the New York

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Provost Court ut New Orleans.
Special Washington Dispatch to the New York
World.
A scene Of a somewhat remarkable
character occurred In the United States
Supreme Court Monday. For once the
political feeling Of certain members Of
the Court, which is usually confined TO
the council-room, broke out IN public,
and sharp words were exchanged on the
bench which created something like a
sensation among the spectators. The
occasion of this unusual ebullition Of
feeling was the delivery Of the opinion
Of the majority Of the Court by JUS
tice Strong In the case of the Union
Bank Of New Orleans VS.. The Mechan-
les and Traders Bank. The
former institution loaned the latter
large sums Of Confederate money
about the time that Gen. Butler took
command, In 1862. A few days after
the transaction Butler issued an order
fOrbidding the circulation of the Con-
federate money on and after the 26th
Of May. The borrowing bank tender
ed payment IN Confederate notes, and
the Union bank refused to receive
them, demanding United States money.
Butler had issued An order establish
ing a Provost Court, Of which one
Mai. Bell was the presiding officer.
Suit was brought in this court, and
the case was dismissed. Two or three
DAYS after its dismissal Butler ordered
the Provost Court to rehear the case,
and, In effect, to decide in favor of the
plaintiffs. When the defendant at
tempted to cite the law in
obstruction of this process, Buffers
Judge informed him that it was no use
to read the law to him as he was acting
under orders from his superior. The
decision Of the case by the majority
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-
tanned In an elaborate opinion, de-
claring that Butler acted as the repre-
sentative Of the Federal Administra-
ton, and that his right to establish
such a court followed from the right
of conquest. This decision Is an
ultra partisan attempt to sustain But
ler's action in New Orleans. When
Justice Strong finished, Justice Field
followed with a long and most ably
written dissenting opinion, which he
read withvigor- manifestingvery strong
feeling by the nervousness Of his man
ner. He showed clearly that Butler
had not the shadow of ariglt to estab-
Esh anything more than a common pO-
lice court, and hat the orders of Pres
ident Lincoln and the previous decis-
ions Of the Supreme Court made It
unquestionable that this was the ex-
IRENE jurisdiction of the military IN
dealing with civil offenders during the
war. Judge Field alluded to Butler IN
terms Of sharp arcasm and declared
that he well knew that he had no
such authority as he. then assumed and
as the majority of the court now sane
toned. Justice Field has dissented
from the opinion of the majority
In several cases in which they
have previously made decisions
showing a political bias in
favor Of Radical rule, but he never ar
raIgned their action 50 sharply as to-
day. While he was reading his opinion
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 de-
sired him to gay that he was not pre-
sent, and did not hear the arguments
in the case. Justice Strong replied
with much asperity that Mr.. Bradley
did not dissent from the opinion of the
majority, to which Mr.. Field made a
further remark soto UOce, which vas
no. heard by the bar. The decision Of
the majority, it will be observed, not
only confirms Buffers right to establish
a court TO take cOgniZanee Ofcigil cases,
but to reverse the decision of his own
Court by a military order when 1t did
not happen TO suit him.