Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-02-18
PERSONNEL OF THE HIGHEST JUDI
ClAl TRIBUNAL
In the United States-The Days When IT
Was Respected as the Greatest in
the Word-What il Has Lost
By Being Made the Foot
ball of Partisans.
SOME OF THE MEN WHO HAVE COME
AFTER JUDGE STORY.
,ao,s, co,resnondence of the Register.

vi W lldI ~ 10 oAN ."
be. Once undoubtedly it was a great
judicial tribunal, one OF the greatest in
the world. Some OF its judges have
been famous every where. When
Charles Sumner went to England he
found the name and works OF his friend,
Judge Story, familiar to every lawyer
whom he met. There is no necessity oil
naming over the old names. Their pos
SCISSORS are dead, but their memories&e
held in reverence by every American
who knows his country's history and
who is proud OF it. The court is not
what it was in its great day. 1t has
fallen sadly into disrepute. The mud
Of party politics clings to its
silken Robes.
The suspicion is that it was once packed
10 reverse one OF its own decisions, and
it is perfectly well known that at least
three OF its judges have once decided, in
the greatest contest ever settled by the
court against right and justice and in
favor OF their party. Leaving out OF view
for moment this question ofthe hecorrupt
use of the court, it is not court which
commands the respect OF the lawyers
who practice before 1t, and II seems Ike
ly TO grow weaker rather than stronger.
Ii certainly has under Hayes last two
appointments.
The weak spots in the bench began to
appear in Lincoln's day. he appointed
Samuel +. Miller 10 the bench. Justice
Miller is a strong man, an able lawyer
but thorough politician, and coarse
grained. In early life he was country
physician in Kentucky, travelling
through the couptry on horseback with
his saddle-bags. Then he studied law
and moved to Iowa. His talents are
sufficient to entitle him TO seat on the
supreme bench; but his character ought
to keep him off every bench. do not
mean to say that he is man OF essen
TALLY bad character; but he is not pos
sessed OF that high character which
ought to be found in a Justice OF the
Supreme Court. His tastes are not ele-
waited. He is and has been the boon
companion OF the coarse, bad men, who
composed the
District Ring.
He lived with Shepherd and others and
this comradeship was at one time par
ticularly remarked upon, as it was said
that he escaped assessment on his prop
erty on Highland terrace, when BOSS
Shepherd was on his improvement
raid, cutting down streets and aving
houses high up on rough ledees OF clay.
He so far forgot the requirements OF his
position that, a year ago, he presided at
a public dinner given to Shepherd by his
former pals" AMI associates. This
sufficiently indicates his character, and
is enough to justify what | have said,
that he is not such man as ought TO
sit on the Supreme Bench.
President Grant had great opportu-
nifty to make a Chief Justice, but he
knew so little OF law that he picked up
this personal iavorite and then that,
sending in the names OF Williams and
Cushing, and finally Mr.. Waite's,
through the partiaiity OF Secretary Fish.
Judge Clifford, who was put on the
bench by Buchanan, regarded himself
for years as the essence OF the bench,
and down to the year 1877, he was a
most fierce and interesting stickler on
political issues, and when that crisis
was over it was discovered that the old
mans
Head Was Cracked,
and he has since gently sim
mered away. Swayne, too, who
was a contestant for the Chief.
Judgeship under both Lincoln and
Grant, belongs to that number OF
Prophets and priests who desired IL long.
But oIed without the sigh"
Lincoln made two good appointments
David Davis and Stephen j. Field,
the former being now a member OF the
Senate. Then in came Grant, and
everyone OF his appointments were bad
Strong, Bradley and Hunt. The first
two are undoubtedly good lawyers, but
the manner OF their appointment and
the fidelity with which they carried out
the alleged bargain which resulted in
their going TO the Bench, stamps them
both as unworthy judges. Hunt was
simply a weak man. He made his way
in the world by his handsome face and
engaging manners. \ Ashrswd manager,
he worked his way to the Court OF Ap.
peals OF New York, and, it is said, that
nearly everv lawyer in that State was
clad when Grant transported him to
The higher Place.
"Mr. Evarts," said gentleman to the
now Secretary OF State, on the morning
of the announcement that Hunt had
been appointed to the Supreme Court
"wbat do you think Of the appoint
ment?"
"what do you?" asked Mr.. Evarts in
response.
"Oh, WELL" hesitated the gentleman
"Hunt is a very gentlemanly man."
Yes" said Mr.. Evsrts, "and very
lady.like."
This is Justice Hunt, or rather wa:
Justice Hunt, until he met his fate in 1
stroke OF paralysis, which has ended hi
career. His judgments are what migh
be expected OF man who can thus b'
described.
The next appointment was that o
John NJ. Harlan, OF Kentucky. Have:
is responsible for this. Harlan WORKED
for his place as local politician nigh
work for an appointment as postmaster
or internal revenue collector. or distric
attorney, or United States marshal
Finally, by his own persistence, he oh
tanned the wished-for prize. Not tt
speak OF the decisions affecting the stool
market, which have been made knowI
to Wall street in advance, Harlan u
charged with having been a
Jobber In Patronage
ever since be has been on the bench
No appointment in his circuit can conn
up that he does not interfere. He visit
the President and Senators, and lobbie
for appointments and combinations
Let me tell little story in this connec
ton. A little less than q year ago tn
President had a District Judge TO sp
point for Kentucky, there were forty ap
plicants in Washington at one time, an.
one could hardly move without stumbl
ing over a candidate for the Kentuck.
iudgeship. All the time Harlan's infiu
ence was being asked in their behalf b,
his old associates of the Kentucky bal