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"Statement " contained a severe arraignment of the change by Mr. Justice Grier of his vote on Miscellaneous Writings of the late Hon. the Hepburn case, but this was toned down in Joseph P. Bradley, Associate Justice of the the final form. Supreme Court of the United States. Edited The paper filed by the Chief Justice was and compiled by his son, Charles Bradley. withdrawn from the files of the Court, and for 1901. Newark, N. J. : L. J. Hardham. Cloth, that reason the " Statement " in answer to it was (xii + 435 PP-)never filed. This latter document was preserved, The most interesting part of the present however, by Mr. Justice Miller by whom it was volume is the thirty pages dealing with the prepared, and on his death came into the posses Legal Tender cases. After quoting at length a sion of Mr. Justice Bradley, who, on his death, letter of Senator Hoar, dated December 7, 1896, consigned it to the keeping of his son with the there is given, now for the first time in print, a injunction, in which Mr. Justice Strong, the sur statement, signed by a majority of the Court at viving signer of the " Statement " concurred, the time, of facts relating to the re-argument that it should not be printed " as long as any of the Legal Tender cases. Senator Hoar, it justice who was on the bench at that time was will be recalled, showed by a comparison of the still living. The recent death of Mr. Justice dates on which the first Legal Tender case, Field released this obligation, and thus now, for Hepburn v. Griswold, was considered and later the first time, there is a clear understanding of agreed to in conference, and on which, after what is, in some respects, the most unfortunate wards, the decision was announced, with the incident in the history of the Court. But now dates on which the nominations of Secretary that this secret history has come to light, we Stanton and Judge Hoar and of Judges Strong cannot but express our admiration for the and Bradley were made, that the charge of pack courage of Justices Strong and Bradley in with ing the Court was unfounded, unless', indeed, three holding this publication, even though by such things could be proved which have not been action they were subjected for years to the un proven — that the views of the Justices in their just attacks and the most bitter abuse. And first conference on the case had leaked out, that when we consider the charge of a like nature, these views had become known to the President but equally unfounded, made against Mr. Justice and his advisers, and that in consequence of Bradley in connection with the Electoral Com such knowledge the nominations of Justices mission, where his was the deciding vote, we Strong and Bradley were made, and would not cannot but feel deep regret that his judicial career brought to him so much undeserved have been made but for that. The " Statement," signed by Justices Swayne, bitterness. Miller, Davis, Strong and Bradley, is in answer The larger part of the present volume is taken to a paper filed — but afterwards withdrawn — by I up with letters, short essays and studies, which the Chief Justice, in behalf of himself and Jus- I are interesting as showing the strong personality rices Nelson, Clifford and Field, stating the and active mind of the writer, and the wide reasons why they dissented from the order of range of questions which claimed his attention. Court involving a re-argument of the legal The matters on which he wrote and spoke were tender question. This dissent was based on a sometimes political, historical, legal or philoso supposed agreement of the Court and of counsel phical; sometimes scientific or mathematical; that all of the cases in which the legal tender sometimes religious. " Much, probably threequestion was involved should abide the decision quarters, of the time occupied in studies distinct in Hepburn v. Griswold. The " Statement " of from those incident to the prosecution of his pro the majority is a vigorous denial that there was fession, was devoted." says his son, to " mathe any such agreement, and charges that the paper matics, his favorite study." A result of this love of the Chief Justice " invades the sanctity of the and study of mathematics was the preeminence conference room " and gives a view of the ques of Mr. Justice Bradley in complicated patent liti tion at variance with the records of the Court. gation which came before the Supreme court The original draft — also printed here — of the while he was on the Bench; although probably NEW LAW BOOKS.
