The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-08-21
Judge Blacks Career.

| The death Of Judge Black takes away one ot
the few remaining prominent actors in WASH
ington during the anxious days preceding the
Inauguration OF President Lincoln. Not one
OF Mr. Buchanans cabinet now survives.
| Sharing in all the momentous acts of that ad-
ministraton, with his motives and deeds the
subject Of angry dispute ever since, his decease
recalls to mind those days which, though lee.
than quarter of century gone, are begins
ming to assume the marks of age, and will soon
be accurately analyzed by the historian. AS
attorney gensral first, and then as secretary Of
state, Mr.. Black was near to Mr.. Buchanan,
the more so because of their personal friend
ship for years before. Their quarrel over the
proper course to be pursued in the winter of
1S60.61 is still in controversy, and the motives
OF each may never be fully understood For
his course then and later Judge Black has
been accused of sympathy with the South,
charge which with present light seems to have
magnifed, though he was never war Demo
crat.
He was born near York, Penn, Jan. 10, 1910.
| His farther was a sturdy Scotchman, who titled
his farm, kept himself posted in current az
| fairs, was ''side judge of the county court
and in 1910 the Wing candidate for Congress.
The son had been nominated by the Demo
Gratis, bat refused to run against his father, who
was elected, but died during his first term.
The family was not rich, and when a boy,
Jerry" as he was always called, worked on
the farm until he was fifteen Then 1t became
SO apparent that his inclination was fo- learn
ing that the farm was mortgaged and he was
sent away to school for two years, and then be-
gan studying law with Chauncy Forward,
whose brother was secretary of the treasury
under President Tyler. 1t was yident that he
had decided rightly Before coming OF age
the young lawyer was prosecuting attorney Of
Somerset county. At the same time Mr.. For
ward was sent to Congress and certified his en-
tire practice over to his young partner. ST
would have ran away from such responsible
ties If I could" he afterwards said. II would
rather have mauled rails" He thus became
well establishd as a lawyer, and in 1912 was
made circuit judge, where be served Tor nine
years. This time he improved In increasing
his acquaintance through the State. In 1S43
he casually met Mr.. Buchanan. An intimacy
Immediately sprung up, and for Years they
were the closest friends. In 1850 Mr.. Black
was elected chief justice OF the State on the
Democratic ticket, and in 1858 reelected for
fifteen years. At this time his prospects were
of the most hatterng kind. As yet only in
early middle life, he held the highest judicial
po jition in his State, and was likely soon to be
called to the federal supreme court. In spits
of the natural harshness Of his face, his genial
ity and wit made him popular, and in social
circles he was industriously sought. He was
not politician, but well read and distin-
guished lawyer, with no knowledge of those
political arts which his friend Mr.. Buchanan
had so persistently cultivated. In his opinion
the latter had abused his powers. "He ought
to have been Chief Justice OF the United
States,'' he often said. HE would have made
one of the greatest jnrists that ever graced the
bench"
Finally, Mr.. Buchanan became President,
after his years OF waiting. In making up the
cabinet, Judge Black was selected for Attor-
new General IL was not the leading position,
but on account of their close personal relations
it was understc ID that he would be the chief
advisor of the President. 1t was some hing to
give up the security of his chief iusticeship,
but he was fiattered by the national position
and accepted. The bed of rcSes proved to be
lined with thorns. From the very beginning
the Buchanan administration was face to face
with threatened disunion. Traitors sat at the
cabinet board. The President was their polit-
ical ally, and he found no others in the con-
stantly increasing tide of denunciation which
swelled up from the North. Inc panic OF
1857 added to the dissatisfaction. With doubt
in the White House, treachery installed in the
Cabinet and fear at the Capitol, the country
trembled until it was plunged into civil war.
The Acknowledgement was known to be In
high favor with the President. All the acts
and utterances OF his chief, many of which he
streno9sly opposed, were were charged charge to to MN; Ia
of the secessionists began to appear, they
adopted radically opposite views. The Presi-
dent was for temporiZing delay. Mr.. Black
urged that the laws be enforced. he mad no
itionists were as hateful to him as To the incl
pient rebels, but he had high idea OF the pow
ers of the central government and its duty to
promptly suppress rebellion. In November,
1860, he ives asked for an official opinion as to
the rights of States to rebel. He replied that
the President ought ito suppress all forms OF
insurrection, but had no right to declare in
discriminate war against all the inhabitants OF
do, natn Inn0Rnnt VI
guilty." So unsparing. were his denunciations OF
the Southern leaders as well as the abolitionists
that the President refused to accept the opinion
because it was calculated to stir up feeling be-
tween the factions; nor even after 1t was shorn
of its harshest features did he order it printed.
The two had frequent arguments upon the
broad question, but they did not agree. Mr..
Black was for stern execution OF the laws, so
much so that Mr.. Buchanan finally said to
him: 'fYou have always been lawyer and o
Judge, never politician, and therefore you do
not understand the delicacy with which these
political complications must be handled" The
annual message to Congress in 1850 aroused
Judge Blacks opposition, especially the ex-
preston, "No power has been delegated to
coerce into submission a State that Ia attempt
ing to withdraw or has entirely withdrawn
from the Confederacy." But II was inserted,
and the secessionsts believed that the Presi-
dent would not interfere with their plans.
During the winter Floyd, then Secretary OF
War, went SO far as to advise in cabinet meet
ing that the Southern forts be surrendered.
Judge Black denounced this plan. There
was never period" he said, Sin the history
of the English nation when any minister
could propose to give up TO an enemy OF his
government military post which was capable
of being defended, without being brought to
the block" Mr. Buchanan demonstrated with
this kind OF talk, but the surrender was not
made. At this time Lewis Cass resigned his
position as Secretary of Stats. No one wanted
the place for the brief two months of the ex-
pirng administration, but the Attorney Gem
eral consented to be transferred, providing Mr..
Stanton, whom he had known as strong
Union man, should be appointed to his place.
1t was done, and Messrs Black, Stanton and
Holt supplied what patriotism the Cabinet
contained until Mr.. Lincoln took the reins Of
power. In the last few days of his administra-
ton Mr.. Buchanan nominated Judge Black
for the vacant Supreme Court seat, but the
Republican Senate did not confirm him, and
Ohio. Disappointed in this, and with the
feeling that he had been misunderstood, Judge
Black left public life and went back to his law
practice.
war he kept silent concerning the struggle, al
though not in sympathy with the way IN
which it was conducted. When Mr.. johnson
became President, he had considerable iufiu-
ence at Washington, and urged that no ann
nesty proclamation should be issued. The
leading rebels ought rather be punished for
their acts and he said, They have passed the
point where tney are 6utltlcu W moICJs 4uoy
should have only justice, and all there is OF it."
But he took no active part in politics, deyoting
himself to his practice. He built a handsome
house in the neighborhood where he was born,
and was constantly engaged in suits before the
Supreme Court at Washington. His greatest
case was the famous one against the New AL
MAIDEN Quicksilver Company of California.
He won the case for the company against Rev
erdy johnson, Charles O'Oonor and Judah p.
Benjamin. His fee was said at the time to be
S250,CoO. He also appeared for Milligan, who
had been sentenced to death by military conn
mission in Indiana, in 1864, and as counsel for
Andrew johnson at the time OF his impeach-
ment trial. He likewise defended Secretary
Belknap, and argued Mr.. Tllden's case before
the electoral commission. His argument be-
fore this tribunal has been much criticised.
One of the justices af the Supreme Court, who
served thereon, has often remarked: HE
took advantage of that occasion to say things
for which he would have been punished for
contempt if uttered before court" Perhaps
this was more excusable in view OF the fact
that Judge Black would probably have been
Secretary of State had the Democratic candi-
date been counted in.
His public life has been one Of controversy.
1t is q record of prejudice controlling great
49, laxu Whan raYOluti0n