The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-08-04
Justice Clifford.
Some Facts i'm the IareeT of the Late JUS
tice Of the United States Supreme Court.

Some Facts in the fareer Of the Late jas
tiee oftbe United States Supreme Court.
FROM the Philadelphia Telegraph
President Buchanan, on January 4, 1855,
commissioned him As a Justice Of the Su-
pfeme Court 81 the United States, 10 I'll the
vac.sncy caused by the resignation of BenJa-
min r. Curtis. The judge was in his fifty
fourth year when ne took his seat, but he
was tie youngest OF the whole bench, except
.io5n A. Campbell OF Alabama, vino resign
ed ia 1861 t. 70 with his State into seccS-
sion. Indeed, Judge Clifford constituted
one Of the last links which connected the
present Federal judiciary with the period
Of the last Democratic Administration.
When he was commissioned Roger B. fancy
was Chief Justice and was Just on the point
Of rendering the notorious bred Scott decis-
ions. His associates were John Mclean, of
ONO and James VI. Wayne, OF Georg Ia
who had been appointed by Andrew jackson;
John Catron. of tennessee, whose commits
sion dated back to 1887, and vino, although
bora in i71S, kept his place until his death
in 1865 Peter Y. Daniel, Of Virginia, Sam
uel Nelson of New York, Robert {. Grier,
Of Pennsylvania, and John 4. Campbell Of
Alabama. With the exception of Mr. Camp
bell, the Chief Justice and all the Associate
Justices Of that day, died years ago. Nor
Is there today IN service a 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, ike ClifforC's, by
Franklin Pierce.
Judge Clifford was never great man, but
he was always Industrious and faithful. I'm
til attacked by paralysis last Summer. he
bore up very well under the assaults OF old
age, having inherited vigorous constitu-
tions from his New Hampshire parentage
ami looked carefully after his health. Sub
-equently 10 his paralysis he was attacked
by gangrene, and was forced to undergo an
ampuJatiou Of the foot For months he had
been beyond the hope Of recovery, and lat
terly he had been unable even to write his
name, and was almost an imbecile. He
might have resigned and retired on a pen
sion equal To his salary any time within the
last ten years under the law which opens
this opportunity t. any Judge of the Su-
preme Court who has reached the age of 20,
and served ten years upon the bench, and if
there had been Democratic President in
the White House Ae would doubtless have
done this long ago. But Judge Clifford was
always strong Democrat, and he did not
relish the idea of Withdrawing TO make room
for a Republican successor. 1t was general
ly understood for years that he only
holding on for the election of ii Democratic
President and it had been expected that if
would give him an early opportunity to
nominate his successor.
When the important decision was given
by the Supreme Court, May | 1877, affirm
ing the constitutionality ofthe Legal-Tender
acts, Justice Clifford read an opinion dis
7entlng from the majority, in which he was
supported by the Chief Justice aud Judges
Nelson and Field. That dissenting opinion,
which made great talk al the time, held that
IL 1 L.,
contracts made before the passage, is repug-
nant to the Constitution and void, and also
that it is repugnant to the Constitution and /
void, and also that it is repugnant to the /
Constitution and void 50 far AS applicable |
to contracts made since it, passage. Justice /,
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 test |
case sustaining the Federal election laws /
Again, Massachusetts Judge of Probate |
having in 1871 refused to pay his income tax, |
or paid il under protest, claiming that the /
salaries paid hy States to their officers were |
exempt from Federal taxation, the Supreme /
Court affirmed that view; and Justice Cliff /
ford, in pronouncing the decision, said : |
Counties and other municipal corporations |
were created by the States but the States |
We're not created by the united States, as |
the States existed as independent sovereign
ties even before the Union was formed.
Upon that opinion Horace Greeley made /
the following characteristic comment: "Of /
5he lhirty-seyen States new composing the /
Union, thirteen existed but not as indie
pendent sovereignties, even before the Union /
was formed. They were primarily British |
colonies, aud would never have dared even /
try to be anything else, but for their mi
tial, tentative Union. The great men who
piloted us through that trying struggle when /
they framed Federal Constitution mot a /
league, nor an alliance, prefaced it with the /
meaning declaration that we, the indie |
pendent Soye.eigptie1 Of New York, New /
Jersey, Delaware, etc, etc. ana afteF halt |
a million brave ard true patriots have laid |
down their lives to establish the fact that /
these United States are not mere conied- t
eracy. but vitality, nation, a greater jurist |
than Nathan Clifford will be required to |
subvert it.
An interesting story is told illustrating /
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 a |
believer iii the validity Of Eilden's title. /
His position made it necessary for lin, TO |
sign the decisions of the Com omission. The |
preparation OF the papers in the Florida |
case fell to Senator Hoar on account of Sena-
tor Edmuuds' Illness and their completion |
was delayed uIiil yithin few minutes of |
noon of the 4th of March Justice Clifford, |
by insisting upon j careful personal scruti- |
ny Of the papers, could have put off the exc
cution until too late, and prevented the in |
auguraton of Mr.. Hayes. He did not, how
ever, show the smallest obstacle in the way
Of the work. but showed almost equal anx-
iety Y III Senator Hoar in hurrying it for |
ward, and promptly aft, xed his signature as
soon as the documents wete cen Eteted. But
he never went to the White House duFiHg
the Hayes Administration, SO bitter was his
feeling in the matter.