Evening journal., 1912-05-29
NEW NEWS OF YESTERDAY
Some Hitherto Untuld Su-
prems Court History
By Holland

brother of George Ticknor Curtis. the
celebrated jurist and writer on con-
stitutional history. and one of the
counsel for President Johnson during
his impeachment trial, was nominated
for associate justice for the Supreme
Court of the United States by Millard
Fillmore in 1851 Five years later
Mr. Curtis resigned his place on the
bench. and that was regarded as so
extraordinary a thing to do--being
almost without precedent except in
the cases of justices who had retired
because of old age-that there was
great wonderment throughout the
United States on account of this ac-
ton
Justice Curtis was only about forty
nine years of age when he resigned;
| therefore the resignation could not be
attributed TO old age He was in per-
feet physical and mental health; for
that reason the resignation could not
be attributed 10 physical or mental
infrmity. Mr. Curtis did not give any
reason for his resignation, nor was
the real reason ever made public. But
| am now able to state that Justice
Curtis resigned from the Supreme
| Court bench because of a bitter per-
sonal quarrel that estranged him and
/ Chief Justice Taney so severely that
they did not speak nor in any way
recognize each other except in cases
where business Of the supreme court
made some recognition inevitable.
AT the time when the Dred Scott de-
cision, with which Justice Taney's
name was linked in history as its
strongest upholder. was before the
supreme court, Justice Curtis read in
the consultation room a dissenting
opinion to the one which Chief Justice
Taney had written and previously
read to the other justices in the con-
sultation room Chief Justice Taney
had declared that Congress had no
power to prohibit slavery in the ter
ritories. and also declared that the
negroes had no rights which white
men we're bound to respect
Justice Curtis dissenting opinion
set forth the arguments and reasons
which afterward became the platform
of the Republican party. They we're
cordially adopted by Abraham Lincoln
in his now traditional debate with
Stephen A Douglas in 1858.
But when the Dred Scott opinion
was read by Chief Justice Taney from
the bench OF the supreme court JUS
tice Curtis was amazed, and the cause
Of his amazement was this; the deci-
sion as read in court by Chief Justice
Taney differed greatly from the opin-
ion which he had earlier read as the
courts majority opinion to the JUS
tices when in consultation Justice
Curtis thereupon read very carefully
at his own home the opinion which
was handed down by Chief Justice
Taney.
At the first meeting In the consulta-
ton room of the members of the SUI
preme court bench after Justice Curtis
had carefully studied Chief Justice
Taney's opinion. he spoke 10 the chiei
Justice practically in these words
Judge Taney, I am compelled to
make an accusation Of bad faith
against YOU You read in this consul
tation room the opinion which you
first declared in the Dred Scott case
Then my dissenting opinion was read
There was delay in handing dowr
these opinions from the bench.
thought that delay unnecessary.
have now discovered the reason for 1t
You delayed handing down the opin
ion so that you could write a new
opinion which would serve as an an
swer to my dissenting opinion
In deply the chief Justice said tha
he was we'll within his rights and re
sponsibilities In revising his opinion
before handing 1t down in open court
Thereupon Judge Curtis answerei
that this reply was an evasion ant
, reiterated that he had been treated II
bad faith.
Hot words followed. and the tw
justices INDUCED in severe personal
, tiles They we're finally quieted b
, their fellow members Of the suprem
court bench But when Justice Curt
went from the supreme court cham
bers he made up his mind that h
could not, either In justice TO himse
= or to his fellow members OF the su
q preme court bench, remain in thf
, great tribunal. The only question lei
! for him to decide was when the OF
portune moment for his resignatio
: had come. II came some months late
This is believed to have been th
first and only case since the organizi
2 tion of the United States Suprem
= Court an associate justice retired Q
. account of a quarrel with the chit
Justice. II was to spare the dignity
the supreme court and prevent u
L scandal which the revelation Of
= quarrel would cause that made II e
+ pedient both for Judge Curtis and f
the other members OF the supren
court bench never to explain the re
son for Judge Curtis resignation
Within year after that resign
l. ton Judge Curtis was in receipt
J. the most remunerative practice OF al
A lawyer at the American bar, and
was not until after his death tn
there came from his immediate fami
4 a confidential explanation OF the re
= son for his resignation.
4. Copyright. 1912, by e. j. Edward
: All rights reserved)
Tomorrow Mr. Edwards will tell
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