The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-11
LINCOLN AND j. Z. JOY
Why the Michigan Man Was Not
Appointed a Supreme Justice.
Mr.. Joy Rather Spells the Story by Civ
ing the Facts of the Alleged In
side Political History.
Detroit Tribune.

did you ever hear the story about how
Abe Lincoln refused TO appoint James F.
Joy as Justice Of the Supreme Court?' said
a well-known Democratic citizen, who had
dropped into a reminiscent mood. His
auditor had never heard of such a thing.
II guess it has been kept pretty quiet in
Republican circles, but I heard it more than
fifteen years ago from a prominent Repub-
lican under an obligation of secrecy. He
has been dead for ten years, and the story
is too good to keep.
1T was shortly after the election of Lin |
coin in 1860. The Republicans had despaired
of doing anything for freedom SO long as
the United States Supreme Court stood like
a wall in the way OF justice. To many it
seemed as if the bred Scott demon was
like the death knell OF human liberty.
When, however, one of the Justices died, 1
don't know his name, nearly every one of
the Republican States had a candidate for
the vacant place.
One day Senator Chandler and the Mich
igan delegation proceeded in a body to the
White House. Old Abe welcomed them in
his usual. old-fashioned. cordial way, and
when they were all seated Chandler began
10 sound the praises of James i. Joy, of
Detroit, as IA learned and able man and a
lawyer OF national reputation. The peren-
NAL smile on Lincoln's face began to set
ike d plaster or Paris cast. But he said
nothing. and sat with his long legs crossed.
WITH the upper one moving UP and down
like a pump handle.
when Chandler had finished, Lincoln mo-
uoned TO another of the delegation, who
forthwith made a little eulogistic speech in
adV4caey or Mr.. joys appointment. When
third, and so on until every man had his
say. Then he arose. fumbled in his pocket
and drew out a bunch of keys, and, NOV
ing up to an old-fashioned bookcase. which
had evidently been brought from his law
Office in Springfield, unlocked it and COM
menced looking for a certain bunch of files.
He saw the letter - pulled out the file
box. and removed the Holding
the fingers Of the other, and pulled out a
letter. Then he cleared his throat and read
as follows, as near as 1 can recollect:
III. f pear SIR: T To@f BIN F fST $500 SpfF dp Ieaaii
services in the tax case received and con-
tents noted. 1 think your charge is alto
gether too much. The work done was moth
ing but what n country lawyer could do,
and l inclose a check for 500, which you
will please accept in full for yo'r services
!" '"a' SUIT hOu'' fesaPs JAMESs F. JOY
"The silence that ensued could be cut
with a knife. Lincoln folded up the letter.
put it in the other documents, placed them
all in the file box and put the latter back
into the bookcase. Then he turned the
said in a steady voice:
"'Gentlemen-The man who wrote that let
ter has not the requisite sense of justice
that would warrant me in appointing him
on the Supreme Bench of the United States.
Good morning, gentlemen
II heard that Chandler remarked after
ward: When 1 went in with the delegation
I felt like a bull dog, with his tail erect,
but when | came out / was a yellow dog,
with his caudal between his legs"
HI OTHER SIDE.
The Tribune thought that the yarn vas
pregnant and interesting. but remembering
the old adage, lone story is good until the
other side is told" went over to the Ham
mond Block and interviewed Mr.. JOY. The
reporter found the octogenarian standing
up at his desk and retold the story he had
heard.
There are some grains of truth in IT,"
said MI. JOY, but the main statementthat.
1 was a candidate for the Supreme Bsnchi
is untrue. L never authorized the use of my
name in that direction, and 1 never heard
that my claims for the position had been
presented before any President. The facts
are these: In the fifties was the general
which was then being constructed: / APP
pointed local attorneys for the road in the
| and among others appointed Abraham Lin
coin. then q popular and pleasant man at
sPrlng1Iie Hasr anS BEFORE e Fis hlsg frea 7 iaInt d deb was
with stephen a. Douglas in 1858, when
Douglas defeated him for Senator. and the
people put Lincoln a few years afterward IN
the White House. The State franchise of
the Illinois Central included the grant of
a million acres of land, more or less, in al
the road was being opened the county in
which United State Senator David Davis
passed a resolution taxing the lands of the
company. | believe the supervisors were
of course. the matter went to the Supreme
| Court, and myself and Lincoln appeared for
the road. When the evidence was all in
and the arguments, on each side delivered;
the court reserved It's decision; L heard
that the Justices were divided in opinion
and that a majority were In favor OF decld-
ing for the county. This / heard from the
reporter of the court, who was allowed &C
| debating the case. When 1 learned this i'm
portant news said to the reporter
will ,. Obliged ssm if you you go e tSe the i justices snS do ahd
railroad lands they had better have another
hearing before the decision is made, as l
am sure that my position is right
'The reporter did so, and brought back
word that the court would comply win
agreement and elucidated it further and
more plainly, The result was the unanimous
J lands could not be taxed.
"As there was extra work I was entitled
general attorney of the road, l charged
$500 for my services and it was paid; |
he said that he would like to have a good
fee for once in his life and he therefore
would like to get a section of the com,
mile square. or $40 acres. / wrote back
and informed him that the machinery
1 aCOIteQ DN the COilpdhy ~ StllAll- lS
lands would not permit any person being
paid in land, and that he had better serd
me his bill for the cash. The next letter
I received from him was a bill for 5000.
1t staggered me, but l said nothing. sim
ply informed him by letter that the bill
would be passed upon by the directors of
the road at their next meeting in Boston.
"I was at the meeting when Lincoln's
bill came UP. All the directors thought that
it was an enormous charge and contrasted
FINALLY the board instructed me- to write
and inform Mr.. Lincoln that as the charge
was the largest they had ever audited they
would advise that he should an
amicable suit against the company. and. if
a verdict was rendered in his favor the bill
would be cheerfully paid.
Lincoln did so: OF course he found
many court lawyers at Springfield t. tss-
tify that his services in the case were
worth 5000. and the court rendered a de
cision in his favor. The 5000 was then
paid. and there was no hard feelings on
either side. These are the facts. They
are not so piquant as the story you heard,
but they have the merit of being absolutely
true"