The representative. [volume] (St. Paul, Minn.) 1893-1901, 1895-04-24

DcuCu. lGS pTlUc duu OTudmcuu. DuT-
ing his reign, SO to speak. from 1901 to
1885. he rarely was Overruled by his as
sociates, though there were often dis
senting opinions. These, however, be-
came more frequent as the old judges
passed away and were replaced by new
ones. Particularly was this the case
after Jackson became President.
THE COURT IS REORGANIZED.
During his two presidential terms
Jackson made five appointment to the
supreme court, among them Roger B.
Taney, to be chief justice, as successor
This brought upon the bench new
tions, leaning more toward state
rights than toward Capitalization.
The pendulums swung back again and
during the first fourteen years of
Taney's chief justiceship-that is,
from 1886 to le5O-many notifications
we're made in the high federalistic
doctrines of the old court. Much was
retained, of course, for much was i'm
perishably woven into the warp and
woof of the law, but the individuality
and powers of the states were better
protected and the true character of
the state governments in their rela-
tion to the federal government was
more accurately defined. The preser-
vation Of the parts was considered as
we'll as the preservation of the whole,
and it is not too much to say that the
work of Taney and his associates was
quite as beneficial to the nation as
the work of Marshall. In 1857 the
pendulu m reached it's greatest extern
sion on it's backward swing in the
famous Dred Scott decision, which
marked new epoch in the history of
the federal bench. The Opprobrium
of this decision has been entirely
thrown upon Chief Justice Tawney,
though he was in reality no more to
blame for it than his associates.
1t was an attempt by the bench to
settle political question which was
burning in the hearts of the people,
and, like all such attempts, utterly
failed. Hitherto the court had main
tanned the highest respect and its
opinions were honored and obeyed by
all the people, but when it came to a
subject upon which the minds OF men
were on fire, honor and respect and
obedience we're whistled down the
wind. Four years after that decision
was rendered the country was aflame
with civil war. No possible judicial
was a weakness in the majority OF the
court to think that moral and politi-
cal questions could be so settled.
Apart from this decision Taney's
career on the bench was most honor
able and in the highest degree impor-
tant to the country. He appeared at
the right moment to breast with
vigor the centralizing tendencies of
the court and held them within
bounds. He refused to PROSTATE the
states entirely and to carry the ex-
treme doctrines of Marshall beyond
their legitimate bounds. He was a
very great judge, and the country
owes him it's gratitude, for he pre-
served by his influence the inde-
structibility of the states.
IN PRESIDENT LINCOLN's TINE.
The secession of the southern states
| and the death and resignation of
many of the judges enabled President
Lincoln to entirely remodel the court,
| as jackson had done, and, like Jack
son. he had the appointment of one
chief justice and four associates, Sal
mon P. Chase being the chief justice.
This court decided most if not all the
great questions growing out of the
civil war.
| AlUuOuK SIldSC ldO pdSSCO UIlC
greater portion of his life in the pO-
litical arena and his ambitions we're
political rather than judicial, he was
we'll equipped by nature for the great
office he was now called upon to fill,
and in ali the transcendent functions
of this splendid tribunal he fully met
its requirements and satisfied the
| Just expectations of the bar and the
| country. During his chief Justice
ship he was called upon to preside at
the impeachment Of President John
son. and he discharged his duties fear
lessly and impartially.
| His most noted decisions were those
in the illegal tender cases." as they
were called, wherein he passed on
measures as a judge which he had de-
vised when secretary of the treasury.
This was certainly most remarkab BILE
exhibition of calmneSS of temper and
impartiality of mind.
| While he was secretary of the treas
ury he had drawn up and Congress
passed the act providing for the issu-
ance by the government Of the legal
tender notes, measure that many
PEOPLE have thought successfully car
ried us through the civil war. From
the beginning, however, doubts were
expressed as to their constitutional
ity and at last the question reached
the supreme court. The bench as
then constituted was composed of
eight judges, Congress having limited
the number as vacancies occurred in
| order to prevent appointments by
President johnson. They were Chase,
Nelson, Grier, Clifford, Swayne, Miller,
| Davis and Field.
Like the IncOme-tax cases that
have just been decided, the legal-ten-
der cases excited the most intense in
terest all over the country, and they
were argued in the supreme court by
some Of the most distinguished law
yers at the bar. The first case in
which the constitutionality of the act
arose was Hepburn VS.. GriswOld. Az
ter the most elaborate argument and
consideration by the court. the chief
justice and four associates-Nelson,
Grier, Clifford and Field-held that
the act was unconstitutional. Three
| justices-Miller, Davis and Swayne-
dissented.
Upon the announcement of this de-
ciSiOn the utmost excitemet arose
throughout the country, and efforts
were at once made to secure a recon-
sideration of the question. Meantime
political changes had occurred. Grant
became President, and Congress in
creased the number of judges to nine.
Justice Grier, enfeebled by age, re-
tired from the bench, and the Presi-
20 of hing l., fVlyo mi f4