The Norfolk weekly news-journal., 1911-11-10


Taft Has Been as Great as That
Named by jackson and Lincoln.
wv yHBN President Taft appoints
w NJ. Harlan on the bench OF
the United States supreme
court, he will have made more ap.
pointments to that body than any
president except Washington, Jackson
and Lincoln. Washington appointed
altogether thirteen members of the
court. not all of whom served. Jack
son and Lincoln each appointed Eve
jackson reconstructed the court, leav-
ing It at the close of his term with a
majority Of the justices holding COM
missions awarded by him.
As originally made up the supreme
court consisted of chief justice and
I'VE associate Justices. In 1907 a sixth
associate was added when a new dis
trict had been created to take in the
new western territory comprising the
states Of Ohio, Tennessee and Ken
lucky. In 1887 the expansion Of the
nation westward again called for an
increase In the court and two more
associate justices were added. In 1863
a ninth associate Justice was needed,
but Eve years later, when approaching
vacancies made It likely that Presi-
dent Andrew Johnson might have the
appointment of the new meWbers, con-
gress, then In open antagonism to the
chief executive, reduced the number to
seven, thus preventing him from max
ing an appointment.
This number two years later, after
the Inauguration of President Grant
was increased to eight associate Jus
tees and chief justice and as then
constituted the court has remained.
The last alteration In the court was
declared at the time to be due to po-
litical reasons as clearly as the reduc-
ton in 1868, as the addition Of new
member made It possible for the court
to reverse itself in the legal tender
decisions.
Records Since Washington.
Excluding the appointment of mem
never served, the presidents have ap-
pointed members of the court as fol-
lows: Washington two terms), O.;
John Adams, 8; Jefferson two terms).
8; Madison Stwo terms), 2; Monroe
(two terms). 1; John Quincy Adams, /;
Jackson two terms), 5; Van Buren,, a;
Tyler, 2; Polk, /; Fillmore, /; Pierce,
/; Buchanan. /; Lincoln. s; Grant, A:
Hayes, 2; Garfield, L. Arthur, 2; Cleve-
land (hrst term), 2; Benjamin Harri-
son, 4; Cleveland Second term), q;
Mckinley, l; Roosevelt, 3; Taft (after
filling the present vacancy, 5.
OF Washlngtons original appoint
ments, Rutledge and Robert B. Harri-
son declined appointment. Washing
ton made more appointments to the Of
fee OF chief justice than any other
president. His first choice was John
Jay. On Jays resignation, in 1895,
Washington appointed Rutledge, de-
spite the advice Of Hamilton and 9th
ers of his advisers. Rutledge presided
mt the summer term of the court, but
before the senate could act on his
nomination his mind had become i'm
paired, and re was rejected. The pres
ident then named William Gushing, an
associate Justice, who declined on the
ground that he preferred to remain as
an associate. Then Oliver Ellsworth
was named.
Jefferson Named Three.
When Ellsworth resigned, in 1890,
Adams, without consulting Jay, again
appointed him to be the head Of the
court. Jay refused to serve. Just be-
fore leaving Office Adams appointed
Marshall. Jefferson, in his two terms,
had the opportunity 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 circuit created in
1907. The manner Of Todd's appoint
ment was interesting. jefferson called
in all the members OF congress from
the 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 Of Justices Chase and Gushing.
he first named Levi Lincoln Of Mas
sachusetts to succeed Gushing, but Lin.
coin declined on the ground that his
eyesight was failing. Then John
Quincy Adams was selected, but he
refused because he preferred diplo-
macy and wanted to remain minister
to Russia. Joseph Story became the
Massachusetts, member Of the court,
and the other appointment went to
Duvall Of Maryland.
No Vacancy In Twelve Years.
Between 1911 and 1928 there were
% vacancies. This is the longest pc
nod in its history that tho court has
remained unchanged. Just at the end
OF his eight years In the presidency