Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-08-03
DEATH OF CHIEF JUSTICE
CLIFFORD.
A BRIEF SKETCH OF HIS EMINENT cAREEr

Justice Nathan Clifford ,ofthe United
States Supreme Court, died at Cornish,
Maine, on Monday morning, July 25th,
after somewhat protracted illness, at
tho advanced ago of rs years.
Justice Nathan Clifford, who has
been for more than a decade the senior
member OF the United States Supreme
Court, bothin agcand length of service,
was born at Rumney, N. H., on the
18th Of August, 1903. After high
school education he studied law and
removed to Maine, where he soon made
a figure in his profession and also in
politics. He was repeatedly chosen
to the Legislature, and was twice
elected Speaker to the Assembly before
he was thirty years old. For the four
years after 1884 he was Attorney Gen
eral of the State, and for the next four
Representative in Congress. Presi-
dent Polk made him Attorney General
of the United States in 1876, and he
held this position for couple Of years,
after which he was sent as Commits.
sioner from this country to Mexico and
later made United States Minister TO
that Republic. Returning to Maine,
no resumed the practice Of his pro-
fession at Portland, and was so engaged
when President Pierce, on the 18th Of
January, 1857, commissioned him as
Justice of the Supreme Court of the
United States, to fill the vacancy caus.
ed by the resignation of Benjamin r.
Curtis. The Judge was in his fifty
fourth year when he took his seat, but
he was tho youngest OF the whole bench
except John A. Campbell, of Alabama,
who resigned in 1861 to 90 with his
State into secession. Indeed, Judge
Clifford constituted one of the last
links which connected the present
Federal judiciary with the period of
the last Democratic administration.
When be was commissioned Roger B.
Taney was Chief Justice, and was just
on the point of rendering the notorious
bred Scott decision. His Associates
were John Mclean, Of Ohio, and James
NJ. Wayne, of Georgia, who had been
appointed by Andrew Jackson John
Catron, Of Tennessee, whose commits
sion dated back to 1887, and who, al
though born in 1878, kept his place
until death in 1865 Peter V. Daniel,
of Virginia, Samuel Nelson, of Now
York, Robert G. Grier, Of Pennsylva-
mia, and John A. Campbell, of Ala
bama, With the exception Of Mr..
Campbell, the Chief Justice and all the
Associate Justices of that day, died
years ago. Nor is there to-day in
service single Circuit Judge who was
on the bench in 1857, and only three
or four OF over fifty Judges of the
United States District Courts holding
commissions signed, like Clifford's by |
Franklin Pierce.
Judge Clifford was never a great
man, but he was always industrious
and faithful. Until attacked by pa
ralysis last Summer he bore up very
well under the assaults Of old ago, hav-
ing inherited vigorous constitution
from his New Hampshire parentage |
and looked carefully after his health.
Subsequently to his paralysis he was
attacked by gangrone and was forced
to undergo an amputation of the foot.
For months he had been beyond hope Of
recovery, and latterly he had been un.
able even to write bis name, and was
almost imbecile.
When the important decision was
given by the Supreme Court, May 1st,
1877, affirming the constitutionality
of the legal.tendor acts, Justice Clifford
read an opinion dissenting from the
majority, in which he was supported
by the Chief Justice and Judges Mel.
son and Field That dissenting opin.
ion, which made great talk at the time,
held that the act of Congress, so far as
applicable to contracts made before the
passage, is repugnant to the Consti-
tuition and void so far as applicable to
contracts made since its passage. Jus.
tice Clifford could, in fact, always be
depended on to take ground against the
Federal idea in our Government. One
of his last acts was to concur with
Judge Field in dissenting opinion in
test case sustaining the Federal elec.
tion laws. Again, Massachusetts,
Judge Of Probate having, in 1871, re-
fused to pay his income tax, or paid it |
under protest, claiming that the sala.
ries paid by States to their,oflicers were
exempt from Federal taxation, the Su-
preme Court affirmed that view and
Justice Clifford, in pronouncing the
decision said "Countles and other
municipal corporations were created
by the States but the States were not
created by the United States, as the
States existed as Independent sover-
eighties even before the Union was
formed"
An interesting story is told illustrat-
ing the strict integrity and high sense
OF duty displayed on the most trying
occasions by Justice Clifford. The
Justice was President of the famous
Electoral Commission, and firm be.
lever in the validity OF Tilden's title.
His position made it necessary for him
TO sign the decisions ofthe Commission.
The preparation of the papers in the
Florida case fell TO Senator Hoar on
account Of Senator Edmunds' illness,
and their completion was delayed until
within q few minutes Of noon Of the
fourth of March Justice Clifford, by
insisting upon a careful personal scru-
tiny of the papers, could have put off
their execution until too late, and pre-
vented the Inauguration Of Mr. Hayes.
He did not, however, throw the small.
est obstacle in the way of the work,
but showed almost equal anxiety with
Senator Hoar in hurrying II forward,
and promptly affixed his signature as
soon as the documents were completed.
But he never went TO the White
House during the Hayes administra.
tion, so bitter was his feeling in tho
matter.
SUpERsrIrIoSs OF WHALE FISHERS.
AT the present day, says Land and
Water, il is the commonest thing in
the world for whale fishers TO burn an
efiigy in order to "bring luck" 1fa
ship has fallen in with few whales the
crew attribute their bad fortune to