Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-03-24


= to die during session of Congress. Their
is consequently no precedent by which Il
Judge what further proceedings of the two
houses are likely to be taken to manifest the
respect to the memory of the dead. Tn,
first Chief Justice. John jay of New York
was appointed Sept 1889. He resigned to
become Minister to England in 1893. john
Rutledge of South Carolina, was appointed
July 1895, during the recess of Congress
He was nominated to the Senate at the De.
cember session and rejected, having become
after his appointment, the victim of an In
durable mental affection. VIM. Gushing oi
Massachusetts, was nominated January, 1896
He was confirmed but declined the office. He
was associate justice at the time. This i:
the only instance in which an associate jus
tice has been appointed Chief Justice. oil.
yer Ellsworth of Connecticut was appointed
March 4. 1896. He resigned in 1893, to
become Minister to France. John Jay then
Governor of New York, was reappointed
Chief Justice and confirmed Dec. 1900.
There was some question in the Senate, and
in the public mind regarding the propriety
of appointing members of the supreme
court to other offices, it being argued that the
practice might have tendency to interfere
with the impartiality of the judiciary, BY
opening up paths to political preferment, but
no imputation seems to have been attached
personally to either Gushing or Jay. Jay
declined the office after being confirmed
and John Marshall was appointed in 1901
He died in 1885, during the recess of Com
gress, being the first Chief Justice to die in
office.
Chief Justice Taney was appointed in
1886. He died in October, 1864. Judge
Chase was appointed, and died in May, 1878,
his successor being Justice Waite. The cir
cumstances of Waite's appointment and con-
firmation are still fresh in the memory of
the observant men of this generation. They
formed a striking episode of the time. Pres
ident Grant nominated successfully, Attor-
ney General Williams and Caleb Gushing,
both of whom, after the pendancy of their
nominations for some time in the Senate,
were withdrawn. Waite, at that time, was
not very well known, but was nominated
He had been an independent republican can
dldate for Congress against one of Mr.. Sum-
ner's warm personal friends and had incurred
the enmity of Sumner, who at that time en-
tertained no very friendly relations toward
the Grant administration. The proceedings
of the Senate still were covered by the veil
of executive session and secrecy, yet it be-
came well known that Summers speech in
opposition to Waite was one of the great eff
| forts of his life. He dwet historically upon
the eminent services and attanments of each
| IN the long line of incumbents of the office
of Chief Justice, and spoke in bitter terms
of disparagement of Waite's qualifications.
| Slxty-three senators were present and list
ened two hours with absorbed atten-
ton to the senator from Massachusetts.
No voice was raised in the defence of the
nominee, and yet when the question of his
| confirmation came to vote, Immediately
upon the conclusion of Summers speech, 62
senators voted in the affirmative and Sumner
didn't vote at all. How far astray Waite's
opponents were in their estimation of his
character and attainments is strikingly illus
! trated IN the sentiments expressed by public
men who have known him.
| Senator Vest says: IL had a very high
opinion of Chief Justice Waite. He was one
of the best men | knew, a most eminent
! lawyer, very just man. possessed of an
eminenty judicial mind, and was peculiarly
fitted for the position. | knew him well and
deeply deplore his death"
Senator Evarts said, II was greatly
prsed and grieved to learn of the fatal re-
suit of his illness, which all his friends had
hoped would not prove serious. There is
universal agreement in personal affection
and respect for the Chief Justice and grief
at his loss. His death may be regarded by
the Judiciary of the local profession of this
country as great calamity"
Senator Hamley said, Il fully share in
the general sorrow. The people of Connec-
t.cut have their own reasons for their added
grief. The families of the late Chief Justice
and wife are among the oldest in this state
He was born and educated there His faith
er was for twenty-five years our Chief JUS
tice. Both father AMI son were jurists of
sound learning and spotless character, and
had a strength, symmetry and balance of in
tellectual and moral qualities, which give
them success that so-called genius often
fails to reach. The Chief Justice usually
spent the sumner vacations in the old an
cestral town of Lyme. He always manifest
ed friendly feeling of kinship for the men
and the affairs of his stBte. His acquaint
ance with our citizens was remarkably ex-
tensive. Our high respect for his ability and
emnence was supplemented by warm af-
fection, based upon his attractive social and
personal character
Senator Edmunds chairman of the judici-
airy committee, warm personal friend of
the late Chief Justice, said: my first ac-
quantance with Waite was when he was
named as one of the Geneva arbitrators,
then, a practicing lawyer of no national rep
utation, but with a fair State reputation as a
man of solid strength, solid though ornamen-
tai, in law learning, and of the highest per-
sonal honor and rectitude of character that
everybody acknowledged. In the course of
the proceedings of the Geneva tribunal, he
had the first opportunity to show his great
capacity for such affairs and his understand
ing of the principles of international ques-
tious. From President Grants acquaintance
with him he came to have for him the high
est respect and regard, and so it was natural
that after the unfortunate efforts to find
suitable chief justice for the President to
think of Waite. The President suggested
his name to several senators, and all, so far
as know, of whom friendly inquiry was
made, Immediately and gladly fell in with
the suggestion, though it might have seemed
to many lawyers and public men of the Uni
ted States somewhat hazardous experiment
to select man for that great office who had
been so little acquainted with the public af-
fairs, and who was so little known to the bar
of the country. He was nominated and con-
irmed. What took place in respect to the
confirmation, by the Senate, have no right
to say. Soon after his appointment he took
his seat as Chief Justice. | have practiced
in that court from year to year, ever since.
1t being so near the Senate chamber l have
almost every day been in the court even
when not called there professionally. So l
have had, perhaps, as good an opportunity
as any lawyer or senator could have
to see his public bearing and conduct and TO
know good deal of his relations with his
associates as well as with the bar. l can say
with entire candor that | don't think that
ever there was an instance in any time or in
any country, where the relations of presd-
ing magistrate with the bar, or with his as
socates were more dignifed and harmonious
and at the same time perfectly friendly and
cordial. He represented the dignity of the
public decorum that should exist in such
tribunals and at the same time exercised
every kindly courtesy and every generous
discretion that could be exercised toward the
! bar and towards his associates, as far as his
sence of justice would permit him to go. His
opinions think on broad questions of funda-
mental Law and the application of principles
to the affairs of men will stand well
with those of the most eminent judges. He
/ tha ~ nd