The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-02-22
HISTORY BUILDERS.
How History Might Have Been DIFF.
ferent,


Written Expressly for The Washington Herad.)
By DIR. E. J. EDWARDS.
While chatting with the late Will.
lam B. Hornblower. whom Presiden,
Cleveland nominated for the Supreme
Court bench at Washington, but
whose nomination was rejected by the
Senate. he narrated to me some in
teresting incidents associated with
Cleveland's nomination of him and
with Senator David b. Hills opposition
to the nomination for political rea-
sons, an opposition which was suffi-
cient to defeat Mr.. Hornblower.
happened to mention to him that IL
was extraordinary how persistently
certain reports affecting President
Cleveland kept in circulation notwitb-
standing the fact that they were
shown time and time again to be
without foundation.
That is very often So" said Judge
Hornbolwer. Il can think of several
cases of that kind, but think the
one which is queerest was the report
widely circulated and still believed
that Gen. Grant, when President.
packed the Supreme Court bench at
Washington for the purpose of secur-
ing a reversal of. the decision which
had been handed down by the court
that the legal tender act. the one
which gave the legal tender quality
to the greenbacks. Vas unconstitu-
tional.
There was not the slightest foun-
dation to that report, although it is
true that the opinion which had been
handed down by Chief Justice Salmon
p. Chase that the act was unconsti-
tutional was later reversed by the
court
1T was a curious coincidence Of cir
cumstances that led to the spreading
abroad OF that report. One OF the JUS
tces OF the Supreme Court. Judge
Grier. had retired upon pension. That
left one vacancy. Congress had au-
thorized the increase of the court so
that the full bench consisted OF nine
members Gen. Grant was very anx-
ious to secure as able lawyers as
possible 80 that he could in that way
NIL the vacancy made by the retire
ment OF Judge Grier and also appoint
new Justice in accordance with the
authority conferred by Congress. Gen
Grant relied chiefly upon the advice
which was given to him by the at
torney general, lockwood Hoar. since
Grant himself had little or no knowl-
edge OF the professional qualifications
OF lawyers for service upon the bench
Judge Hoar recommended the nom
ination of William Strong. who had
gained a very high reputation as a
judge in Pennsylvania, and also the
nomination Of Joseph r. Bradley, of
Newark, n. j., who was esteemed by
many without superior as a lawyer
at the American bar. These nomina-
lions were sent to the Senate one
day and they met with universal ap-
prevail At noon on the following
day, Chief Justice Chase handed down
the majority decision declaring the
legal tender act unconstitutional.
Neither President Grant nor the at
torney general knew that this opin-
ion was to be handed down at that
time or had the slightest knowledge
of what the opinion was to De.
when Justices Strong and Bradley
were added to the Supreme Court
bench this decision by their votes was
reversed and the constitutionality of
the legal tender act sustained. Then
began the report that Grant packed
the Supreme Court bench so as to
secure a reversal of the decision.
1T is a curious fact that Judge
Bradley was appointed a member of
the electoral commission six years
later to take the place which David
Davis would have taken on that COM
mission il Judge Davis had not been
at that moment suddenly and unex-
pectedly elected United States Senator
from Illinois. 1t was Judge Brad
ley's vote which. by majority of one,
gave the opinion that Hayes had been
elected President over Tilden. having
received a majority of one electoral
vote. II has always been the belief
that had David Davis sat with the
electoral commission Tilden would
have been declared President.
Copyright. 1915. by Z J. Edwards. All rights
sfrved.l
Tomorrow Dr. Edwards will tell of
"a Valuable Contribution to American
History"