Evening star., 1923-04-22
Supreme Court and Its Justices
In Days Following the Civil War

| long white hair hanging down to his
shoulders. Like Justice Wayne, he
was born in the latter part OF the
eighteenth century, but was still
physically vigorous. His judicial opin-
ions always ranked high with the
members of the bar and with his asso-
dates on the bench. He was a man
Of large lesrning apart from the law
and in disposition was always kindly
and courteous to every one.
With the employees of the court
Justice Miller was the most popular,
in this respect ranking with Justices
I Swayne and Davis. He was one OF
| the new members of the court. having
been appointed by President Lincoln
in 1862. He originally adopted the
medical profession and was gradu-
| ated from Transylvania University in
1888. He practiced medicine for sew
| eral years and then turned his atten-
| tien to the law. In politics he was
one OF the first to aid in forming the
| republican party. He had not long
| been on the bench before he estab-
| lished a reputation as a great jurist.
| AS one writer said, he was logical,
learned. wise, robust. rugged, simple
| and honest" 1t has been said Of him
| that he wrote more opinions OF the
court than any other member, and
more opinions in construction of the
Constitution than any judge who had
| ever sat in the Supreme Court. His
| opinions were always so clearly eS-
pressed that no one was ever in doubt
as to their meaning or as TO the
points he decided. He always had
kindly smile and greeting for all the
| employees OF the court and never fall
ed to thank any Of them for service.
The pages fairly adored him and
would spring with alacrity when he
signaled for one of them.
JUSTICE FIELD was the only mem
- Der Of the court who wore a full
beard. He was decidedly the "fdgety"
member and was disposed to be fault
finding with the attaches. and rarely
failed to complain of some neglect On
the part OF the pages. A full lobby
always affected him but in a differ
ent manner from the way 1t acted on
Justice Clifford. With an empty lob
by he usually sat back in his chair
with an appearance of listening to the
argument OF the attorney, but lie: the
lobby fill up an change would come.
He was sure to grow nervous and
fidgety. Seizing a pad Of paper and
pencil, he would make out a list OF books
and send a page to the library. On
the return of the page with arms full
of books. Mr.. Field would seize upon
them, turn the pages rapidly, and
frequently with considerable noise
throw the books on the floor, and
| then make out another long list.
This he would keep up until the lobby
became apparently empty. when he
would once more lean back in his
chair and resume attention to the
speaker.
Many Of the attorneys who prac-
ticed before the court had their pc
culiarities as well as the justices.
AS the arguments were always on
questions of law there were but few
attempts at eloquence. As q rule the
attorney addre ssing the court stood
by the table on which his papers and
books were placed. but I recall one
occasion when the attorney left the
table and during his argument paced
up and down in front OF the seats OF
| the Justices. as IL addressing a jury.
This was Reverdy Johnson of Mary
| land, and he poured forth one OF
the most eloquent pleadings ever
heard in that or any other court. It
was a case wherein q common-law
marriage was the principal issue, and
Nr. johnson was appearing for the
he
spoke OF the devotion of the woman
his one eye would fash and his voice
| would change from deep pathos TO
intense indignation. Although more
| than half . century has passed since
/ listened TO that speech. not a word
OF 1t nor q tone of his voice has been
| forgotten.
Among the attorneys most fire.
Quently appearing before the court
at that time were. besides Mr. John
son, Jere. Black. Caleb Cushing,
David Dudley Field and Benjamin
Curtis. who had formerly been a
member OF the court. Others appear
ing less frequently were William NJ
Evarts, Gen. Garfield, Henry Stanberry
and Ben. Butler. can recall hearing
Robert j. Walker of Mississippi.
Charles O'Connor of New York. Mat
thew Carpenter. and Lyman Trum-
bull. OF all these I delighted most
to hear Johnson, Jere. Black and
Benjamin Curtis. In all his argu-
ments Black quoted freely from
Shakespeare and the Bible. II IS
doubtful IL any member Of the court
or of the bar was as familiar with
the Bible as was Black. When he
was to speak he always chose a spot
nearest to where the great South
Carolinian. John c. Calhoun. occupied
a seat when a member of the Senate.
while Reverdy Johnson's favorite po-
where 1t was said Webster stood
when delivering his famous reply to
Hayne.
Black was rather tall OF figure, and
II was said wore a wig. Whether that
was so or not his hair was always
black and shiny. He had a round. full
| voice. speaking, 1t was said, as If he
had "mush in his mouth" I recall
one occasion when he met his match
in quoting from the Bible. and was
| floored to the amusement Of the other
attorneys and of the members OF the
| court The question at issue was the
| right OF the government to exclude
papers or other matter from the
! mails. Black appearing in opposition
| to the government. In his argument
he freely quoted from both Shake
speare and the Book OF Books, to sus-
| tain his position.
Attorney General Speed began his
| reply with the following words:
| Good. patient, righteous old Job
once cried out, oh, that mine enemy