Page:The Green Bag (1889–1914), Volume 14.pdf/297

The President then nominated successively Constitution had yet, for the most part, to be Attorney-General Williams and Caleb Crush defined and settled. The constitutionality of ing to the Senate to be Chief Justice. These the Reconstruction Acts and the powers of nominations he successively withdrew when Congress in regard thereto largely remained he found that they would not be confirmed; unconstrued. Again, the legislation of the and, on January 20, 1874, he sent to the States took a new and untried direction Senate the name of Morrison Remick Waite along socialistic and paternal lines, as evi for Chief Justice. Mr. Waite was Unani denced by the Prohibition Laws and the mously confirmed. His commission was fixing a maximum rate to be charged in cer dated January 21, 1874, and he took the tain businesses, like operating a railroad or oath of office and his seat upon the bench a grain elevator. How far the States might on March 4. go in these directions was to be established. This high office came to the Chief Justice And in a class all by themselves were the unsought, and was due partly to the effective Sinking Fund Cases, 99 U. S. 700, with instigation of his friend, Columbus Delano, their celebrated and delicate questions of law. who was Secretary of the Interior, and partly The task which was set him was rendered to the President's desire to acknowledge and more difficult by the amorphous state of the pay the debt owed to peace by the work of court, which reflected the unsettled and the United States counsel at Geneva. At transitory condition of the country, at that the time of the nomination Mr. Waite was time not yet recovered from the Civil War. When all these things are taken into con presiding over the Constitutional Convention of Ohio, to which he had been unanimously sideration, it is amazing that the Chief Jus elected a delegate in the preceding April. tice, being the man that he was, proved him Upon the organization of the convention he self as adequate to the place as he did. For, was elected its president. A telegram to although by no means a great lawyer or a one of the delegates announced the nomina great man, he fulfilled the duties of his high tion to the Chief Justiceship, and the first office with distinct credit. His conservatism, knowledge Mr. Waite had of his elevation his conscientiousness, his faithful application, stood him in place of genius. His kindly was a motion from the floor of the conven tion, stating the fact, and proposing an ad, modesty won him the respect and confidence journment in order that the members might of his associates upon the bench. The pre congratulate him. He calmly ruled the dominance of one great mind, which shaped and moulded the course of judicial decision motion out of order. The time between his appointment and his and policy, is not apparent. There were taking his seat upon the bench he occupied greater lawyers and abler men upon the chiefly in preparation for his new duties. Supreme Court than the Chief Justice. And Consider the situation. The practice and this naturally made his position the harder. jurisdiction of the Supreme Court of the But his great good sense steered him through United States were hitherto undiscovered all the shoals and breakers. I can think of countries to him, as were admiralty and con I no principle of constitutional law which was stitutional law, to say nothing of land grants, developed during his incumbency of the Spanish land titles and civil law. He came Chief Justiceship that has not stood the test to the court, too, at a difficult time. The of time and is not acknowledged to be right. meaning of the new amendments to the But I shall not refer to any of the important