Page:The Green Bag (1889–1914), Volume 03.pdf/86

There was a problem when proofreading this page.

The Supreme Court of Pennsylvania. ica, whilst we, by their acts of parliament, are debarred of the like privilege. It is hard that the people of America should during the war receive continental money for specie, and at the end of it be deprived of the debts due from them from abroad, whilst they are obliged to pay the debts due from them to British subjects. Unless some care is taken, this may be the case. I would hope, there

fore, that the assem blies of the different States will think seri ously of it; and with a view it may be at tended to, I have given this hint upon the pres ent public occasion." This sort of utter ance was distasteful to one whose views dif fered politically; and upon this or another similar occasion a man in the court-room made an offensive remark about the Chief-Jus tice, whose expression remained as if he had not heard it. He pre sently adjourned the court, however, and striding down to the man, said, " Sir, on EDWARD that bench up there I am the Chief-Justice of Pennsylvania, and unable to take notice of merely personal impudence; but on this floor I 'll have you know I 'm Thomas McKean, and ready to break your neck or give you any other satisfaction of the sort you please." In the case of Oswald he said : " Some doubts were suggested whether even a con tempt of the court was punishable by attach ment. Not only my brethren and myself, but likewise all the judges of England, think that without this power no court could possibly wist; nay, that no contempt could indeed be 9

65

committed against us, we should be so truly contemptible. The law upon this subject is of immemorial antiquity, and there is not any period when it can be said to have ceased or discontinued." He had issued a warrant against Col. Robert L. Hooper, deputy quartermaster, charging him with having libelled the magis trates in a letter to Gouverneur Morris; and directing the Sheriff of Northampton County to bring the said Hooper before him at Yorktown. General Green wrote the Judge that he could not consent to Hooper's absence. McKean replied: — "I do not think, sir, that the absence, sick ness, or even death of Mr. Hooper could be attended with such consequences that no other person could be found, who could give the necessary aid upon this occasion; but what attracts my atten tion the most, is your observation that you cannot, without great SHIPPEN necessity, consent to his being absent. As to that, sir, I shall not ask your consent, nor that of any other person, in or out of the army, whether my precept shall be obeyed or not, in Pennsylvania." Mr. McKean wore, when presiding, a scar let gown and cocked hat. His height, his grim lip, and cold steady eye, with his formi dable nose, give him an appearance much like that of Washington, and more like that of a veteran bird of prey. The offices of ChiefJustice and of Governor did not lose dignity through his holding of them; to his concep tion of the respect that should hedge the man