The Washington herald., 1908-02-10
CHIEF JUSTICE FULLER
By FREDERIC J. HASKIN.

him fifteen associate Justices His sue
ccssOr. Roger b. Taney. Served from 1875
until 1864, and sitting with him ia that
time We're eighteen associate justices
Salmon z. Chase, Of Ohio, who succeeded
Taney as Chief Justice. served nine years
and ten associate justices sat with him
from time TO time Next came Morrison
r. Waite, OF Ohio. serving from 1874 until
1858, having 10 sit with him ten associate
justices.
Since 1855. when Chief Justice Fuller
qualified and took his seat. eighteen asso-
Ciate justices have sat with him. Among
them was Justice Samuel F. Miller, OF
Iowa, who had served with Chief Justice
Teney, and retired a[ter fifteen years.
Others who have served with Chief jus
tice Fuller were David Davis. Of Illinois;
Stephen J. Field, Of California: Joseph T.
Bradley. Of New Jersey. appointed by
President Lincoln; Stanley Matthews, OF
Ohio, appointed by President Garfield,
Horace Gray, Of Massachusetts,, and sam
lei Blatchfoyd, Of New York appointed
by President Arthur. /. Q c. Lamar. OF
Mississippi, and Howell Z. Jackson, Of
Tennessee. appointed by President Cleve-
land; Henry B. Brown, Of Michigan, and
George SEiras, Of Pennsylvania. appointed
by President Harrison, and the members
Of the present cOurt-John Marshall Har-
Ian. Of Kentucky, appointed thiTty-Oue
years ago by President Hayes; David JO-
slah Brewer, appointed by President Har-
risOn i'm 1859; Edward Douglas White. OF
Louisiana appointed by President Cleve-
land in 1894, Rufus W Peckham, Of New
York appointed by President Cleveland
in 1855. Joseph McKenua- Of California
appointed by President Mckinley. and
three app0intees Of President Roosevelt
Oliver Wendell Holmes. Of Massachusetts.
William r, Day of Ohio. and William
Henry Moody. Of Massachusetts
Since thc creation Of the court. sixty
one judges have served IT, It's personnel
has embraced men from twenty-thres
States, representing every part Of the
Union from Maine 20 California. from
Massachusetts 10 Louisiana. and from
Michigan 10 Alabama. Created TO be
independent, the court mas remained In
dependent. For this reason. more than
any other, iW the popular estimation, it
has been able % so guide national public
opinion, by its just and courageous de-
cisi0us, as TO preserve the Union as a
whole and the autonomy of the States
under the Constitution, and TO keep equal
for the benefit Of all the people. the three
coordinate branches Of the government
as their founders intended Composed Of
good men and true in the most exalted
sense. it has. more than all party faiths
and Clashing Creeds. pointed the way Tor
the conscience and common sense Of the
people.
of which has elected the Presidents of
the United States since the close of
President Washington's second term in
1877, have been prone TO interpret the
Constitution according TO their peculiar
views The earliest contestants for
domination were the Federalists. the
party ancestors Of the Republicans Of to-
day, whose contentious tended toward
the Capitalization of power and the
minimizing of the grants Of the Constitu-
ton 10 the States and the early Repub-
lican party, now the Democratic party.
which COntended always for the SOW
CTeignty or the states. insisting that The
Union was q government by the States.
john Marshall was accounted a Feder-
slist but enlightened opinion does not al
the Constitution as to impair any of the
rights assured them by the organic law.
The great task which he performed was
10 conceuter divergent views of the dif-
ferent sections Of the young republic into
cOnyictiOn that there could be no sta
bility in the Union unless there should be
somewhere express acknowledgment of q
sphere i'm which the Federal law must be
supreme.
Roger B. TaHey's great service as Chief
Justice was IN standing for the rights re-
ser-ed 10 the states by the Constitution
He was a Democrat. or JeffersoDian Re
publican. But he too, in the light of
unbiased judgment as did Marshall. con-
tended for the letter and spirit Of the
Constitution. even though partisan pas
sion evolved from his opinions prov0ca-
ton for civil war The Supreme Court Of
the years since Marshall and Taney has
quoted literally from both in constituting
questions in which We're concerned Fed
eT3l and State powers. and by citation Of
the opinions Of the two great jurists
deepened and strengthened respect ard
veneration for the Constitution and con
firmed for all time an 'mdestructible
Union of indestructibie States
To-mOrrOw-ThOma 4. Edison.