Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-21

Hampton 4. Carson In Philadelphia
Record. Such topic Is OF undoubted
public interest. No visitor to Washing
ton, whether citizen or foreigner, fails
TO visit the courtroom In the capitol
presided over by Chief Justice Fuller
and no one can leave the presence Of
that bench of judges without deep
conviction Of the dignity and power Of
the tribunal. IL he knows something
of its history, the impression viii be
more lasting and his reverence more
profound.
The present paper viii be confined to
an account Of the eleven years preced-
ing the elevation OF John Marshall to
the chief justiceship- Of which were
marked by sessions Of the court In the
city Of Philadelphia, which, from 1920
to 1901, was the seat Of the federal gov
eminent.
The national government was organ
tied in New York by the Inauguration
OF Washington at Federal hall, the con-
ventlon OF Congress and the formal OPP
ening of the Supreme CouI& at the same
place. No business was transacted ex-
cept the formal installation of the
judges, the selection of clerk and the
admission Of few members Of the bar.
When the court next met II was in
Philadelphia, in the old city hall Il
building still standing at the southwest
corner of Fifth and Chestnut streets.
The sessions of the court were held In
the large room at the head of the stairs
upon the second floor, which recently
OIL no "A
Der. 1t was In this room that John
jay, John Rutledge and Oliver ELS
worth presided as chief justices and II
was IN this room that Edmund Ram
dolph, William Bradford and Charles
Lee spoke as attorneys general Of the
United States, aud John Marshall, Alex
under Hamilton, Samuel Dexter, VIII
liam Lewis, Edward Tilghman, Jared
lngersoll and William Rawle appeared
as advocates.
Chief Justice jay was tall, thin man
of about "A years of age, The top Of
his head was entirely bald, his features
We're sharp, but cast In n classic mold
His hair such as he had, was drawn
behind his ears, tied with a black rib
bon and slightly powdered. His eyes
We're dark and penetrating and his
manners were quiet and unassuming.
lie had been so constantly In public life
that he was more of a statesman than
lawyer; but the purity Of his conduct
was such that Washington singled him
out as one who would give dignity and
character to the court over which he
was the first to preside.
John Rutedge of South Carolina was
the first associate named in the list Of
FIVE whose names were sent to the SEN
ate In September 1889 He was a man
renowned for mis- eloquence at the bar
and in the First continental Congress
He had been judge Of the court OF
ohancery In his own state, and was said
10 be OF great legal learning. OF this
we have no means Of judging, for he sat
but rarely, and If he delivered opinions
they were not reported, He became in
name the second chief justice, after Jay
had been elected governor Of New York,
but failed Of confirmation, owing to the
fact that his brilliant mind suddenly
underwent sad eclipse.
The next associate was William
Cushing Of Massachusetts, tall man
with a nose like the beak OF hawk;
IN dress adhering to the style Of the
revolution, wearing three-cornered
hat wig and small clothes with shoe
buckles and all these he retained well
into the last century. AT the time Of
his appointment he was chief justice
OF Massachusetts.
Robert Hanson Harrison Of Maryland,
special fayorite of Washingtons
owing to his membership of the mill
tary staff OF the general, declined his
appointment, preferring the chancellor
ship Of his state.
James Wilson, the ablest member Of
the first supreme court was leader
of the Philadelphia bar, an orator Of
marvellous power and an international
jurist of the highest GIS~T. X Uas his
speech In the Pennsylvania convention
which induced that body to ratify the
constitution Of the United States, He
was born In Scotland, but at q years Of
age had come first to New York and
finally to Philadelphia. lie was slgner
Of the Declaration of independence and
I'm his early days was tutor In the
old Acadamy OF Philadelphia, which
was the parent of our noble University
of Pennsylvania. He had a broad,
open, honest face, with mild blue eyes
and wore a huge pair OF heavily rim
med silver spectacies.
John Blair Of Virginia was q small
man. with an enormous head partic-
ularly broad between the eyes. His
hair was red but scanty and his lower
lip was like the bill Of bird. He was
q well-tralned technical lawyer,
James lredell Of North Carolina who
took Harrlson's place, was a collateral
descendant Of Ireton, the son-in-law
OF Oliver Cromwell, He was perhaps,
the ablcst lawyer Of his state, and had
attracted attention publicly by the eX-
rrth 40 n
the Observations of George Mason of
Virginia, who had been such sturdy
opponent of the constitution Of the
United States and who had actually re-
fused to sign II.
At first there was no business; the
docket was empty, and OF records there
were none. The Judges. however, were
nil actively engaged In circuit work,
and had 10 deal with exciting state trials
growing out of the intrlgues of "Citi-
zen Genet" the piratical acts of Hen
field an American who tried TO make
war on England under the protection of
the French flag, and the famous whisky
instruction In the western part OF
Pennsylvania.
When they came together as a court,
Rutledge had resigned as an associate,
and his place was taken by Thomas
johnson, OF Maryland the man who
had nominated Washington as com
mander-in-chief Of the continental ar
nv. and who declined to take Jeffer-
sons place as secretary of state In the
cabinet OF Washington.
BY this time n very serious question
had arisen. Every state during The
revolution, and afterward, had become
heavily in debt, not only to It's own cit
liens but to those OF other states. How
was the money to be collected? Could
a sovereign state be sued?
A man named Chisholm, citizen OF
South Carolina, sued the state Of Geor-
gla: and as state was party to the
suit It was brought at the outset IN
the Supreme Court of the United
States, The governor and the attorney
general of the state refused to appear.
II was not for a sovereign common
wealth TO be brought to the bar by
private citizen OF another state Here
was defiance at the outset Of federal
OBSERVATION-DISCLOSURES