New-York tribune., 1880-10-31
SECRET JVAR HISTORY.

A DECISION THAT SAVED TIE COUNTRY-HOW THE
FATE OF THE NATION ONCE DEPENDED UPON
THE ACTION OF THE SUPREME COURr-AN AT
TEMPT TO HAND TIE COUNTRY OYER TO ITS
ENEMIEs-TuE DANGER THAT now THREATENS.
To tie Edttor Of The TrtbURG
SIR: In Blacks Reports, page G35, may be found
the report of the "Prize Cases" argued and de-
cided IN the Supreme Court of the United States ut
the December Term of 1862. The opinion OF the
Court. delivered by Mr. Justice Grcr of Pennsy-
vania and the dissenting opinion, delivered by MI.
Justice Nelson. of Ncw-York, both reported AT
length. c1ye the history of the several cases, and
the questions raised and decided IN each OF
them. II viii be seen by reference to
those opinions that the great and vital question:
auplicable to all the cases. was whether the United
States had the rights of "A bcligercut IN the war de-
clared and prosecuted against them by the Southern
states then coniederatel m rebellion Little did
tie people of the loyal States know, when the Court
vas in private consultation on this question in the
early part Of the year 1868, that our National eX
istcnco was depending upon the decision of nine
.Irdges. and that il was saved by tho vote of one
man. That page IN the history of the rebellion has
never been written and propose to write 1t now,
because it is full of solemn warning TO the people
against an impending danger which 1t is in their
power to avert on Tuesday next.
Tho Supreme Court of the United dStates at the De-
cember term Of 1862 was composed Of nine Judges
as follows Chief-Justice-Roger b. laney, OF Mary
land; Justices-James VI. Wayne, Of Georgia; John
Catron. of tennessee; Samuel Nelson, Of New-York;
Robert c. Grier, Of Pcnnsy ylvania; Nathan Clifford
of Maine Noah ~ Swayne. of OHIO; Samuel f.
Miller, Of Iowa David Davis, Of Illinois.
President Lincoln, as the Chief Executive Of the
Government and Commandcr-iu-Chici Of the Army
and Navy had declared and notified blockade Of
the ports in the seeded States in the month of
April 1861. Not long atScrward an English bark, n
Mexican schooner and two vessels owned in Rich
Inond, Va, were seycray captured by ships Of tie
United States Government and brought into port as
prizes. They wero ibeued, together with their
respective cargoes behalf OF their captOrs and of
the United States and in each case there decree
of condemnation IN the District Court. The claim
ants Of the vessels and cIrgoc5 appealed to the Su
preme Court, and thus tho questions were raised
touching the validity OF tho blockade and the
rights Of the Government in the war then pending
Every judge on that beach knew AMI appreciated
the momentous importance OF those questions.
They knew that a dec SION adverse to the claims of
the Government would almost certainly result in
the irretrievablc ruin of the country. |, would be
declaration to all the world by the Supreme Court
of the United States, from whose judgments there
was no appeal, that the Court was on the side Of
the rebellion; that the war was only an insurrcc-
ton which was TO De suppressed by the application
of the necessary force against the individuals
cerned In It, and not war IN the legal technical
sense, drawing after 1t the belhgerert rights
recognized by the laws of nations; and that
the declaration Of the blockade of the Southern
ports was unauthorized and lawess act Of Pres-
dent Lincoln which foreign Governments were not
bound t. respect. THIS was all the South wanted
II was all that anybody wanted (from the Supreme
Court who desired to the Union fin ally and for
ever destroyed and an independent Empire of
slavery and cotton controlling the commerce and
destiny of what an English statesman was pleased
to designate during the war as g" the late United
States"
When the nine Judges met in secret consultation
after the argument Of counsel, the fact was de-
veloped that Chief Justice Taney, Justice Catron
Justice Nelson and Justice Clifford were prepared to
decide the questions against the Government |
They were ready with an opinion, written as the
opinion of the Court without The knowledge of some
of their associates, that President Lincoln had no |
power to recognize the existence of the rebellion as
a war within the meaning of the law Of nations
had no power to blockade the Southern ports, and
that the captures for breach of blockade enc
mics property consequently illegal and void |
and that the DEGREES of condemnation should be |
their owners See pages 6SS9 of the volume citcd)
Justice Wayne, being Southern man, they cx |
pected him, as a matter of course, to concur
n their opinion. But he was a personal and init |
mate friend of Justice Grier. of Pennsy ylvania who
was a Northern Democrat, loyal to the Constitution
and his country. That intimacy saved the Nation |
Justice Wayne voted with his friend, and the count
stood five in favor of the Government and four |
against it,
Defeated and vexed by this unexpected result |
the Chief Justice sought to secure the final adjourn
ment of the Court for the term without an an- |
pouncement OF its decision. He persuaded Justice |
WAYNE to consent to it and his vote in its favor
would carry the scheme through. But before that
question was settled Justice Wavne told his friend
what he had agreed to DO. Justice Grier irnmed- |
ately and earnestly denounced the proposed sup |
presslon of the opinion OF tie Court
pointed out the fatal results to the National cause
which would almost certainly flow from it, and in
duccd Justice Wayne to retract the promise he had
made 10 the Chief Justice. Thus the device 10 with
hold the decision from the country for nearly nine
months finally defeated
IL only remained now 10 appoint member of the
court to write and deliver the opinion. The
Chief Justice assigned Justice Wayne to
that duty. He an aged man. in
very feeble health. and Whatever may
have been the motive that inspired the appoint
meut. IT was neither kind one nor a proper one.
Justice Grier came to his rescue. He reminded the
Chief Justice that he not in accord with the
majority of the court. 1t not his place to say
who should write the Opirion that Justice Wayne
was the senior associate in the majority. and II was
for Inn To who should perform that duty. BY
h.s appointment. the opinion was written ana de-
liycrrd 10y Justice Grier vindic1tng the course nf
President Lincoln, and confirming the claim of tho
Government 20 the nghis of q bellgcrcnt without
q formal declaration of war against the States IN
rebellion,
CHARLES Gibbons.
Philadelphia Oct 30 1850.