The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-12
WAS JERE BLACK LOYAL?
Major j. w. Gordon Reaches the Con-
cIusion That He Was Not.
The Dead Jurist Denounced for Using His
Talents and learning to the Dis
advantage of His Country.

Learning shat Major Jonathan W. Gordon had
some views as to the life and patriotic services
of the late Jeremiah S. Black that differed ma
teriallY from the recent panegyrics that have
been besto W ed by aforgiving and forgetfu press,
a. Journal reporter called upon the Major, and
finding him in an amiable mood, proceededto in-
terview him:
Reporter-Mueh has been said in relation to
the career of Judge Jeremiah 8. Black since his
death; and it has generally been IN favor OF HIM
as a man, a statesman, Jurist and patriot. Even
the Republican press has accorded him high
praise in all these characters. should like TO
know whether you know or have thought enough
about him to have formed an opinion touching
the man and his career, and, if you have, what
that opinion may be.
Major Gordon-I do kown something in gen.
eral way, concerning his public career, although
have never made it the subject of special
study; and I have formed and still entertain
some pretty definite notions Ia regard to him in
his professional and public relations But, while
have always regarded MIN a man of great
ability, a strong lawyer and able advocate
thorough master of a most trenchant and forci-
BILE English style-thesel very qualities and at
tainments have sorely hurt him a man,
statesman and patriot my estimation. I
have held him far less than oJherl
wise should have done on account OF the uses
TO which he sometimes, and on the very greatest
occasions of MS life, put these great forces. |
hardly know that should say more; for he was
kind enough, IN one OCCASION to compliment, in
very hatterng terms, my argument against l3,
do hot reckon that gratitude winch L really
feel for that courtesy, should deter me from
speaking my opinion right out touching his pub
lie acts and character, so far as either may be
Known to me. AS he cOmpinented me, am
grateful to him; but as conceive him to have
done much harm to his country by the misuse of
his talents and learning, condemn him. HIS
tory should speak TRUTH and he who speaks it
for her. speaks no evil of the dead, though it
may damn them "tO everlasting fame"
Rep.-In your opinion, was he a great lawyer
and 1udge9
n fo- I
great lawyer, who generally very thoroughly
knew his cases, and presented them In most
mastery manner to the courts before which
he appeared When was young thought him
a great judge, too, and regarded many of his
opinions models of Judicial style and elo-
nuence. With years, my opinion of him as n
indge has undergone a change, and his opinions
that pleased me most long ago [ now regard as
coo deeply coiored with his blood and personal
feelings TO be IN the best style as judicial utter
anees. Such are the opinions in relation TO tbs
Erie railroad, in % and 81 Penn. st. Reports.
While the law is clearly laid dow n, the feelings
of the partisan are lily concealed in these dees-
Ions But even accepting him broad; pro-
found, thorough lawyer, it is Impossible or
to regard him as a statesman, and much less 8
patriot. Had he been weak, man. in orig
inal eudOwments, and narrow, shallow and in
complete as a lawyer, I could have believed that
he lived and died with perfect conscience; that,
he was never untrue in heart TO his country in
her hour of sOrest need and never false duty
that he might be true to his faction: for in the
heyday of his political influence and power his
party was little more than tTaitorous faction.
is, in my opinion, the greatest blot upon his
name that his legalopinions formed an excuse for
the imbeclity and cowardice of Mr.. Buc hanan
during the last four months of his adIninistra-
tioE. Even before that disastrous period he
had been trucker to the slave power, and had
been Suspected of a disposItioH TO make. if not
tainted with the making of an actual Offer 30
corrupt q leader of the press by government pat
ronage bestowed in the interest OF the slave
power.
Rep.-To what do YOU allude2 TneveF so mach
as heard of any insinuabf0n of that sort against
him. Surely, you must be mistaken.
Mai. G.-Not If my memory serves me. 1t hap
peued long time go; but it became public, and
was not a thing "made for fOrgetfulness." It lis
recorded in the eapitol." 1t became public
through the report of the ''Covode eommittee,"
and in other ways from 1858 to 1861. Mr.,
Black denied it, but the proof is cireumstantial,
Democratic and clear, according To my recoTlec-
ZION. Phe attempt made upon Mr. John w.
FOrney TO prevent his denuuc!atIOns OF the
mOnstrous frauds which the "LrcOmpton
constitution had It's origin; and TO secure his
support of the administration of Mr.. Buchanan in
It's attempt to force Kansas INFO che Union with
that constitution. without submitting G to
the people of the State fer ratification. The
proposition, as remember If, was nothing less
than 10 give Mr.. Forney public printing TO the
value of 10000 if he wouid submIr himself, by
brief editorial, TO the plans OF the administra.
tlon IN respect TO kausas-a proposition which
Mr.. Forney rejected with scorn aud lndi gnation.
The truth is, Mr.. Black drlfted WITH or led, that
bad administration in its corrupt and wicked
eourse until Dee. II, 1860 when lie retired from
u, leaving IL because Of his opinions in respect
to ifs authority TO maintain it's existence aAd
that of the government against secession and
armed ana defiant traitors.
Rep.-To what opinions do You refer as having
aad sueh sinister effect upon that admins
tfatlonf
STRIPPING THE GOVERNMENT OF POWER.
Maj. Go Judge Blacks opinion, given late
IN November, 1860 in compliance with the re-
quirement of the President, upon the power
and duty of the President and government in
respect to secession and its consequences. That
opinion emaseu!ated the executive and legis-
lative departments Of the governments
OF every Scintilla of lawful pOwer to
make or enforce laws in States whose
people had seeded, were taking steps
10 secede. unless under eircumst aHees that he
knew Well dld not exist, and. Without force,
could never again be made to exist upon the
territory of such States. His opinion, il is true
dld not JUSTIFY secession as a constitutional
mode of redress for wrongs, real or imaginary;
bur- by utterly denying the power OF the gov
eminent to prevent II or its consequences by
force, ne in effect, gave his netion secession
as an ultimate power in the States severallv,
under one political organization. He thus while
denying on the one hand the right, conceded 1t
on the other; for every lawyer knows that any
power IN any government which In Its exercise
is final is, so far that government is con-
cerned rightfnl. Whenever the constitution fur
nlshes no meaus OF preventing or reversing the
exercise of such power. then, in view of that
constitution; that power, thus beyond control, is
riGntful. Judge Black was too good a LAWYER
not to have known this; and 70 admit that he
knew 1t when he wrote that opinion makes him
guifty OF penetrating msehievous
uff0 WiChou cuItnuF0 OIHclafiy,
in respect to the gravesb public question that
has ever arisen, or can possibly arise under our
constitution. This he did, too, when ne, with
others, and more than most others, was entrust-
ed with the administration of the government.
He claimed TO be a Jetfersenian Democrat, and
yet questioned, in that opinion. the right of the
government to use the military foree TO acquire
possession Of fts own land, under eircumst ances
In which Jefferson had asserted and maintained
&C. He thus used every make-weight in the
course of the argument that led him to his con-
clnsion that the government pow cries to
save the Union, or preserve itself against the ae
ton of the people of the States, acting each for
itself. that could give aid and comfort to those
who were then, as he knew bent on the des5rue-
tion OF BOTH Throughout the entire document
he deceives his readers by the ambiguous mean
ing in which he employed the word estate"
which, can hardly believe, could have escaped
the n06ice of so clear and well-trained u mind as
his Undoubtedly was. He eughJ TO have known
and did know. II he had only stonned 10 Think oil