The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-05-06
Politics On the Bench.
REMARKABLE SCENE N THE UNITED STATES
SUPREME COURT.

REMARKABLE SCENE IN fhb oHiiND SAS
.-. SUPREME COURT.
rsnceial dispatch 10 the New York Woridl
WASHINGTON, May "a scene OF some
what remarkable character occurred III the
United States Supreme Court To-Day. TOT
once the political feeling OF certain mem eerS
of the court, which Is usually confined TO
thu ropncil.rooin, broke out in Tabhc, and
shsrr, words were exchanged on the oencb,
rbz.h created something like o sensation.
awning the spectators. The occasion OF tins
np,,sual ebullit;on of feeling wasthe delivery
Of the opinion of the majority OF the court
ht, .Justice Strong in the case OF the Union
.Esnk Of New Orleans Us. The Mechanics ana
| Graders Bapk. The former institution loaned
chic latter large sums OF Confederate money
ahout the time that General Butler took com
mand. in 1852. a few days after the transac-
tion Bu,ler issued an order forbiddipg the
| circulation of the Confederate money on ana
after the 2Gth of May. The borrowing bank
rendered psymeht 10 Confederate notes, aad
the Union Bank refused to receive them, de-
handing a. nited States money. Butler had
i.s,led an order establishing provost court,
NJ which one Major Bell was the presiding
of'rer. Suit was brought in this court. aud
rhe case Syas dismissed. Two or three days
after ilsdismissal Butler ordered the provost
court 10 rebear the case, and, 10 enect, 10 ue'
eide in favor of the plaintiffs. When the ae-
PENDANT attempted TO cite the law 10 oostruc,
ton of this process Buffers judge informed
him that it was no use to read the law 10 him
as he was acting under orders from DIS
SUPERIOR. The decision of the case by the
minority turned not upon the questlon OF
the payment OF the money, out upon Tue le-
; vslity of the action OF this trumped-up trl'
, | I,,,,;oo ckrpnu S,ist aimed in an
elaborate opinion, declaring that Butler acted
as the represe ntatve Of the Federal Admin
istratiop, and that bis right to establish such
court followed from theTigbt OF conquest
This decision is an ultra partisan attempt 10
2 sustain Buffers action in New Orleans
When Justice Strong finished, Justice Field
followed with a long and most aby-wrltteu
dissenting opinion, which he read with
yigor, manilesting very strong feeling by thu
: nervousness Of bis manner. tie showed
. clearly that Butler had not the shadow
= of q right to establish anything more
than common police court. and that the or
ders of President Lincoln and The previous
S decisions Of the Supreme Court made 1t un
e questionable that this was the extreme luris
p ulctiou of the military 10 dealing with c'Vl
offenders during the war. Judge Field al
luded TO Butler in terms OF sharp sarcasm
ana declared liz Htii hHSH thoS ~ wv
!. no such authority as he then assumed and as
} the majority of the court now sanctioned
Justice Field has dissented from The opinion
of the majority in several cases in wbico they
e have previously made decisions showing d
G political bias IN favor Of Radical rule, Dul
s he never arraigncd their action so sharply
AS to-day. While he was reading bis
, opinion all the Justices turned to-
ward him to listen, ard Justice Strong
grew very red in the face. At the end Mr.,
Field announced that Justice Bradley desired
, him 10 say that he was not present, and did
not hear the arguments in the case. Justice
Strong replied with much asperlty that Mr..
: Bradley did not dissent from the opinion OF
= the minority, to which Mr.. Field made u fur
f Their remark soto Uoce, which was not hear
, by the bar. The decision of the majority, it
will be observed, not only confirms Buffers
right to establish court to take ognlzance
OF civil cases, but to reverse the decision oil
: his own court by military order when 1t
, did not happen 10 suit him.