New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-02-07
WASHINGTON GOSSIP.
SIDE LIGHTS ON JUDGE MERRICK's CHAR
ACTER.

CHARACTERISTIC ANECDOTES OF GENERAL SPINNER
SOCIAL TOPICS.
IRON THE REGULAR CORRESPONDENT OF TIE TRIBUYA
WASHINGTON, Feb. 6.-The members of
the Judiciary Committee OF the Senate irrespt cye OF
ary are opposed to the confirmation OF United States
Judges who by Of their would be entitled 10
retirement within comparatively short period after
their appointment. william N. Merrick, whom tho
President made OF tho Judges OF the District
Supreme Court last May, belongs to this class. His
nomination is pending before the Committee. 1t is
doubtful whether 1t will be favoraby reported Messrs
Pugh and Jackson went TO the White House the other
day to induce the President TO withdraw Judge Merrcks
name They told him that it had aroused much oppo-
son. Instead OF receiving their advice in the spirit
in which 1t was given, Mr. Cleveland, am told snubbed
the two Senators. Ho said that Mr. Merrck had given
satisfaction the tench. There in asking
him to resign simply because he advanced in years
Messs Pugh and Jackson made report OF the result OF
their interview to their colleagues on the committee
which, hear, not received with enthusiasm In
TACT it has had the result OF making Judge Merricks
chances Of confirmation more doubtful than they we're
before Aside rom tho consideration OF age there are
other reasons why the nomination Of Judge MerricK
should be rejected Before the war he was the Chief
Justice OF the o: which he is one OF the
Associate Justices His sympathy with the Southern
Rebellion a matter OF common nOtOriety. He took
pains disguise 1t. on the contrary he showed 1t
Whenever he could. When in tho early spring OF 1861,
Francis T. Spinner, whose mysterious autograph became
so familiar afterward tho National Greenback
currency appointed Treasurer OF the United states
by President Lincoln, no called upon Judge Merrck at
his house. in order take tho oath OF Office pre-
scrbed by law. Judge Merrek refused to administer
the oath Spinner said to him: The law requires that
the oath shall he administered by Judge of the United
states Court" Merrick replied: Il am aware OF
that, but there Is 10 law compelling me to do 1t,
and" he added, turning savsgey upon Spinner,
mar hnld
being unfit to hold any Office, aud Will
not he q party to qualify you to do so.' This is
only OF the many Instances in which Judge Merrick
showed his true character.
on another occasion when the question OF collecting
the income tax on salaries OF United states judges
up for discussion, Mr. Merrick Displayed it in AN
equally determined Mr.. Spinner held that tho
could be collected and deducted from the drafts for
the quarterly salaries OF the Judges tho amount oi the
tax. No Judge objected except Judge Mcrrick. He
letter to Mr. Spinner In which he stated that the
draft him FOR amount less than he was in the
habit of receiving H. as he thought probable, the income
had been deducted from his salary he wished the
Treasurer send him the deducted n lie
argued that his salary was liked by tue constitution ana
officer. In striking contrast To Judge Mcrricks
attitude in this matter was the conduct OF tho United
States Judge for the District OF Delaware VINO w:ote TO
Mr. Spinner that not enough had boon retained from MS
salary TO pay the income tax. Mr. spinner explained;
rot take effect until the middle Of the quarter and tlat
therefore,
quarter Mr. spinner caused the letter Delaware
Judge 10 be copied ana Enclosed the copy IN letter to
Judge Morrick In his communication Mr. spinner
said: do this I'm order to point out to you the dlor-
ence between loyal Judge aud yourself, aud while do
not discuss with you the question whether Con-
trcss has has not the constitutional right to tax the
salaries Of United states Judges would suggest to You
that has certainly the right TO abolish your id rebel
court" Merrick furious. lie sat down imlneli-
atcy and wrote letter to spinner IN which no said that
in view the extraordinary character OF the cUnmunl
cation Just received ho felt It his duty To ask the PTesi
dent TO rcmuye him spinner from Office. General
Sp
lie about his business "a usual aud paid no further
attention 10 errick several days after this
Spinner stopped into Secretary Chaso's 10 submit
some document Tor Signature; beiole ne sSeri lar,
drawer and asked: Mr. Spinner, what have you to
Mr. secretary" replied the Treasurer. had known
when wrote that letter that the judge would send II
to The rrc.dent and ihat would DO submitted :" you"
Secretary Chase undertook to give the unruly Treas
urcr lecture official etiquette urging that tue differ
ent branches OF the Government should act in harmony
with each other and that comfy required respectful
language In all communications passing between them.
Mr. Spinner however would not Yield tn he correct
Of his conduct aud the Secretary at last broke out
good naturcdly with: Enough. GeLera; while Feel
that your letter ia very pertinent to the subject 1t Is very
| uHpe rtincnt to the Judge"
addressed not many years to J. C. Derby was thea
the Washington correspondent OF cadin; Cinllnnau
aud from him ho obtained these facts They were
emf lis Rehabilitation was extensively copied ry
papers all parts OF the loyal states. Members Of Con-
eress saw IT, laughed nj 1t good joke, but after a
little viewed IL in another light AN came the
clusion to carry tho joke so bill introduced
| In Congress and became q law, by which the then
United states Court OF tho District OF Columbia was
| al Jshed and the judges were abolished rs we'll The
same act created Of which Judge Cartier, Of
Ohio, became the ChiGi Justice, and Messrs Wiley, Of
| Virginia. aud Ola. Of New-lork. became Associate
Justices The last named Is dad: the other two
after twenty years service still hold their places
is the and the rea'on why the present United
States Court OF the District Of Columbia WIS created
| The present Judges havo doubt enjoyed the joke
hugely since but IL IA believed that 1t has never
| been inlly appreciated by Judge Mcrrck"
This Is the KIND ut man Mr. Cleveland mas appointed
10 Office and whom the senate IA asked 10 confirm
After all IL H. but natural perhaps, that Judge whom
loyal ongress was compelled to legisato out OF office
because OF his open hostility to the Union should be
installed Ohce again by tho first Democratic President
that the COnederacy u once more In tho saddle
The MapesOn Italian Opera troupe has not been much
OF success here. either financially in artistic
sense. The operas given were Carmen" Fra
| Diavolo ard La Traviata." To such programme,
ia odless say Washington audiences iect
| One critic remarks that Mr. MapcsOns company Is
| rather "A cheap conCern-much more gaudy than sub
ntanta chorus Is bad both Ia listen to ana 10 look
| at" and as FOR the ballot. it was meagre but pro
nOunced," Whatever that may mean.