The Washington herald., 1911-10-29
TAFT MOLDS ENTIRELY
NEW SUPREME TRIBUNAL
Will Break All Records for Appointments Since
Lincoln's Presidency.

When President Taft appoints a success
sor to Justice John NJ. Harlan on the
bench Of the United States Supreme
Court, he will have made more appoint
ments to that body than any President
| except Washington, Jackson, and Lin
coin. Washington appointed altogether
thirteen members OF the court. not all OF
whom served. jackson and Lincoln each
appointed five. Jackson reconstructed the
court, leaving It at the close of his term
with a majority of the justices holding
commissions awarded by him.
AS originally made up, the Supreme
Court consisted OF. a chief justice and
five associate justices. In 1907 a sixth
associate was added when a new district
had been created to take in the new
Western territory comprising the States
of Ohio, Tennessee, and Kentucky. In
1897 the expansion of the nation west
ward again called for an increase in the
court, and two more associate justices
were added. In 1863 a ninth associate
Justice was needed, but five years later,
when approaching vacancies made 1t like
ly that President Andrew Johnson might
have the appointment Of the new men,
bers, Congress, then in open antagonism
ber to seven, thus preventing him from
making an appointment
This number, Two years later, after the
Inauguration of President Grant, was In
creased to eight associate justices and a
chief justice, ard as then constituted
the court has remained The last altera-
ton in the court was declared at the
time to be due to political reasons as
clearly as the reduction in 1868. as the
nf N
sible for the court to reverse itself in
the legal tender decisions.
Records since Washington.
Excluding the appointment Of members
who for one reason or another never
served, the Presidents have appointed
members of the court as follows: Wash
ington 1.-TWO terms), 8; John Adams, g.;
Jefferson Owo terns), 3; Madison 1.-TWO
terms). 2; Monroe 1.-TWO terms). l; John
Quincy Adams. L; Jackson 1.-TWO terms),
): Van Buren. 4: Tyler, 2: Polk. /; Fill
more, /; Pierce, !; Buchanan, l; Lincoln,
}: Grant, I: Hayes. 2: Garfield, !: Arthur,
3: Cleveland first team), .: Benjamin
Harrison, 4; Cleveland (secrnd termJ. ?;
Mckinley, |; Roosevelt. 3: Taft (after
filling the present vacancy. !.
OF Washington's original appointments,
RutIedge and Robert b. Harrison de-
clined appointment. Washington made
more appointments to the office Of Chief
Justice than any other President. His
first choice was John Jay On Jays
resignation, in 1885, Washington appoint
ed Rutledge, despite the advice Of Ham
ilton and others Of his advisers Rut-
ledge presided at the summer term OF
the court, but before the Senate could
act on his nomination his mind had be-
come impaired. and he was rejected
The President then named William Cush-
ing, an associate justice, who declined
on the ground that he preferred to re-
main as an associate. Ihen OIlNer Ellis
worth was named.
When Ellsworth resigned, in 1873, Adams,
without consulting Jay. again appointed
him to be the head of the court. Jay
refused to serve Just before leaving
office. Adams appointed Marshall. JEFF
ferson. in his two terms. had the oppor-
tunity TO appoint only three members OF
the court. One Of these was Thomas
Todd, Of Kentucky, who was named as
the member from the new Western cir
cult created in 1907. The manner or
Todd's appointment was interesting JET
ferson called IN all the members of Con-
gress from three Western States, and
asked them to submit to him list OF
their first and second choices for the
place. The name Of Todd appeared on
every list.
Madison, soon after taking office, found
two vacancies caused by the death or
Justices Chase and Gushing. He first
named Levi Lincoln, of Massachusetts,,
to succeed Gushing. but Lincoln declin-
ed on the ground that his eyesight was
failing. Then John quincy Adams was
selected, but he refused because he pre-