Morning journal and courier., 1888-03-24
succeed him and died in May. 1878, his sue

succeed him and died in May, 1878, his sue
cessor being Chief Justice Waite.
The circumstances of Judge Waite's ap-
pointment and confirmation are still fresh IN
the memory of observant men of this genera
ton and formed a striking episode of the
time. President Grant had nominated sue
cessiyely Williams and Caleb Gushing, both OF
whom, after the tendency of their nomina-
tions some time in the Senate, were with
drawn and Mr.. Waite, then not very well
known to the world at large, was nominated.
He had been an independent Republican
candidate for Congress against one
of Mr.. Summers warm friends and
had incurred the enmity of Mr.. Sumner,
who at that time also entertained no
very friendly relations toward the Grant adj
ministration. The proceedings of the Senate,
though more than dozen years have since
elapsed, are still covered by the veil of ex-
ecutive session secrecy, yet it was well known
that Mr. Summers speech in opposition to
Mr.. Waite was one of the great efforts of his
life. He dwelt historically upon the eminent
services and attainments of each one in the
long line of incumbents of the Office of chief
justice and spoke in bitter terms of disparage-
ment of MIR. Waite's qualifications. Sixty
three senators were present and listened for
two hours with absorbed attention to the
Senator from Massachusetts. No voice was
raised in defense of the nominee, yet when
the question of confirmation came to a vote,
which was Immediately upon the conclusion
of Mr.. Summers speech, sixty-two senators
voted in the affirmative and Mr.. Sumner did
not vote at all. How far astray Mr.. Waite
opponents were in their estimates of his
character is strikingly displayed in the senti-
ments expressed by public men who have
known him. Senator Vest, Senator Evarts,
Senator Hawley, Senator Edmunds, Senator
Blackburn and other senators spoke most
kindly nd of ohiaf
justice, and in these sentiments the members
of the cabinet fully concurred.
Morrison r. Waite was born in Lyme No
vember 30, 1916; graduated at Yale college
in 1887; studied law in his native place with
his father, then a judge of the Supreme
Court of Errors; removed to Ohio in 1888:
was admitted to the bar in 1889; practiced
his profession from that date until 1874 in
Maumee City and Toledo. In 1949 he was
elected to the State legislature; in 1871 he
was one of the counsel of the United States
before the tribunal of arbitration at Geneva
under the treaty of Washington;in 1878 he was
elected a member of the convention to
amend the constitution of Ohio, and was
made president, and in January, 1874, he was
nominated for chief justice of the United
States Supreme court by President Grant
after Caleb Cushing and Attorney General
Williams had been successfully nominated
ana W1CnQraWn on accouub OF OppoSltlon III
the Senate. He was confirmed, taking the
oath of Office on the 4th day of the following
March. In 1876, when some of his friends
in Ohio proposed that he should consent to
be candidate for the Presidency, he wrote a
letter declining the honor, and his opinions
on the subject were universally applauded
throughout the country.
In politics he was Wing until the forma-
ton of the present Republican party, with
which he uniformly voted. In 1862 he con-
scented, at the request of a large and inhu-
entail portion of his party. to run for Con
gress against James M. Ashley, the regular
nominee of his party in his district.
The votes cast were nearly equally divided
between the two Republican and the
one Democratic candidates, Mr.. Waite re-
ceiving in Toledo $500 votes, which was
1900 in excess of the usual vote of
his party in that city. It has always been
claimed that he was defeated by dishonorable
means on the part of AshleYs friends.
His most notable public service was per-
formed as counsel for the United States be-
fore the arbitration commission which met
at Geneva in 1871 and 1872 to settle the
claims of the United States against Great
Britain arising out of the civil war, the
associate counsel being William M. Evarts
and Caleb Cushing. Mr.. Waite was ap-
pointed chief justice by President Grant,
January 81, 1874, succeeding Salmon 2.
Chase.
The appeal of the case of the Chicago an.
archists to the court of which Justice Waite
is the head has been among the most i'm
portant and by far the moss generally inter.
esting hearing over which he has been called
upon to preside, and it will associate hi:
name with one of the most celebrated cases
in our Judicial annals.