It may be a matter of news to some of the good people within the

confines of the American Republic to know that there is no way of

getting an ordinary unprivileged measure considered and voted upon

in this House unless it suits the Speaker. I am aware that there are

several _theoretical_ ways of getting a measure up; but they have no

actual reality—no fruitage in fact. I make the statement on this

floor now, that no member of this body who introduces a bill—not a

private bill, but a public bill—can get it considered or brought

forward for final determination unless it suits the Speaker. And if

any one wants to deny that statement I am in a personal position and

in a peculiarly happy frame of mind right now to give a little

valuable testimony on that point! [Applause and laughter.]

Imagine, if you please, a measure—not a private measure, but a

public measure—which has been considered at length by a great

committee of this House and favorably reported with the

recommendation that it do pass. That bill is then placed on the

"Calendar." The Calendar! That is a misnomer. It ought to be called

a cemetery [laughter], for therein lie the whitening bones of

legislative hopes. [Laughter.] When the bill is reported and placed

on the Calendar, what does the member who introduced it and who is

charged by his constituency to secure its passage do?

Does he consult himself about his desire to call it up? No. Does he

consult the committee who considered the bill and recommended it for

passage? No. Does he consult the will of the majority of this House?

No. What does he do? I will tell you what he does. He either

consents that that bill may die upon the Calendar, or he puts his

manhood and his individuality in his pocket and goes trotting down

that little pathway of personal humiliation that leads—where? To the

Speaker's room. Ay, the Speaker's room. All the glories that

clustered around the holy of holies in King Solomon's temple looked

like 30 cents [prolonged laughter and applause]—yes, looked like 29

cents—compared with that jobbing department of this government!

[Applause and laughter.]

Then you are in the presence of real greatness. What then? Why, the

Speaker looks over _your_ bill, and then _he_ tells _you_ whether

_he_ thinks it ought to come up or not!

There is a condition which I commend to the patriotic consideration

of the American people. Contemplate that for a method of procedure

in the legislative body of a great and free republic.

WHO IS THE SPEAKER OF THE HOUSE?

Who is the Speaker of this House who sets up his immaculate and

infallible judgment against the judgment of all comers? Is there

anything different or superior in the credentials that he carries

from the credentials that were issued to you and to me from

70,000,000 of American people? When he entered this House at the

beginning of the Fifty-sixth and Fifty-seventh Congresses he was

simply a Congressman-elect, bearing credentials like every other man

on this floor. He has no greater power now than any other member,

save the additional power we ourselves bestowed upon him by electing

him Speaker and then adopting this set of rules. The question that

now arises to confront us is: Have we put a club in the hands of

some one else to beat us to death? Have we elevated one man on a

pinnacle so high that he can not now see those who elevated him? Is

the Speaker of this House a mere mortal man of common flesh and

clay, or is he supernatural and immortal? What miracle was wrought

at his birth? Did a star shoot from its orbit when he was born, or

did he come into existence in the good old-fashioned way that

ushered the rest of us into this vale of tears?

Why, man, he doth bestride the narrow world

Like a Colossus, and we petty men

Walk under his huge legs and peep about

To find ourselves dishonorable graves.

Men at some time are masters of their fates:

The fault, dear Brutus, is not in our stars

But in ourselves, that we are underlings.

I make no onslaught on the individual. I have a high regard for the

Speaker of this House personally and for him politically; but we

face the fact that we have adopted a set of rules in this body that

are an absolute disgrace to the legislative body of any republic.

Throughout the entire three years of my service in this body I have

been up against the little machine that dominates the proceedings

and the deliberations of this House. During the entire three years

prior to this time I have always treated that machine with the

deference due to its age and its reputation. I trust you will excuse

my frankness when I tell you that from this time on I shall devote a

little of my time and a tithe of my energy to putting a few spokes

in the wheel of that machine that the designers of the vehicle never

ordered. [Laughter.]

I for one expect to live to see the day in this House not when the

Speaker shall tell the individual members of this House what he is

going to permit them to bring up, but when those individual members,

constituting a majority, will inform the Speaker what they are going

to bring up for themselves.

X

THE SUPREME COURT ROOM

CONTINUING our examination of what is called the original Capitol

building, we would stop next at the Supreme Court room, once the Senate

Chamber of the United States. For quiet, harmonious beauty it is

unequaled by any other room in the building.

It was designed by Latrobe, after the model of a Greek theater—a

semicircular hall, with low-domed ceiling, and small gallery back and

over the seats occupied by the dignified judges of the Supreme Court of

the United States.

"The Bench" is composed of large leather upholstered chairs, with the

chair of the Chief Justice in the center, and those of the Associate

Justices on either side. In front of these is a table around which the

counsel are seated, and back of a railing seats are arranged around the

wall for spectators.

On the walls are the busts of the former Chief Justices of the United

States: John Jay, of New York; John Rutledge, of South Carolina; Oliver

Ellsworth, of Connecticut; John Marshall, of Virginia; Roger B. Taney,

of Maryland; Salmon P. Chase, of Ohio; and Morrison R. Waite, of Ohio.

Back of the judges is placed a number of graceful Ionic columns of

Potomac marble, the white capitals copied from the Temple of Minerva.

The Standard Guide of Washington pictures the present court in this way:

┌──┐ ┌──┬──┬──┬──┬──┬──┬──┬──┬──┐ ┌──┐

│10│ │ 8│ 6│ 4│ 2│ 1│ 3│ 5│ 7│ 9│ │11│

└──┘ └──┴──┴──┴──┴──┴──┴──┴──┴──┘ └──┘

┌──┐ ── ── ── ── ── ── ── ── ── ┌──┐

│13│ │12│

└──┘ ┌────────┐ └──┘

│ 14 │

└────────┘

SEATING PLAN OF THE SUPREME COURT CHAMBER

Chief Justice occupies Chair No. 1

His colleagues sit on either side

No. 10—Clerk's Desk

No. 11—Marshal's Desk

No. 12—Reporters' Desk

No. 13—Attorney-General's Desk

No. 14—Counsel's Desk

In this hall Webster answered Hayne, and here Benton and John Randolph

made their great speeches. On the left side of the Senate stood Calhoun

in many a contest with Clay and Webster on the right.

One day Calhoun boasted of being the superior of Clay in argument. He

said: "I had him on his back; I was his master; he was at my mercy."

Clay strode down the aisle, and, shaking his long finger in Calhoun's

face, said: "He my master! Sir, I would not own him for my slave!"

It is said to be the handsomest court room in the world. Every week-day

from October till May, except during Christmas and Easter holidays, just

at twelve o'clock the crier enters the court room and announces: "The

Honorable Chief Justice and the Associate Justices of the Supreme Court

of the United States," at which everybody, including visitors and

lawyers, stand. Just then nine large, dignified old gentlemen, led by

Chief Justice Fuller, kicking up their long black silk robes behind

them, enter the room; each, standing before his chair, bows to the

lawyers, the lawyers and spectators bow to them, then all are seated.

The crier then opens court by saying: "O yea! O yea! O yea! All persons

having business with the honorable the Supreme Court of the United

States are admonished to draw near and give their attendance, as the

court is now sitting. God save the United States and this honorable

court."

After this quaint little speech business begins.

The members of the court wear gowns like the ecclesiastical robes of the

Church of England. This began in early days when this country took

English law and customs for pattern and precedent.

The seats of the judges are placed in the order of the time of their

appointment, the senior judges occupying seats on either hand of the

Chief Justice, while the latest appointments sit at the farthest end of

each row.

This order of precedence extends even into the consulting-room, where

the judges meet to talk over difficult cases, the Chief Justice

presiding at the head.

Our country is justly proud of its judiciary. The Supreme Court of our

country is the last rampart of liberty. Should this court become corrupt

our free institutions will surely perish.

The Supreme Court of the United States has, however, made some grave

mistakes—witness the famous decision of Justice Taney—but, for the most

part, time has only verified their decisions.

The men who have sat here have not only been fair representatives of the

legal knowledge of their day but also men of unimpeachable integrity and

of the highest patriotism. Many of them have been devout Christians.

Some on the bench at present are among the best church workers of

Washington.

Courts are conservative bodies. Conservatism produces nothing, but is

useful in preserving that which enthusiasm has created.

This Supreme Court room has been made further memorable as being the

place in which, in 1877, sat the Electorial Commission which decided the

Presidential contest as to whether Hayes, of the Republican party, or

Tilden, of the Democratic party, should be the Executive of a great

nation for four years.

In the fall of 1876, when the elections were over, it was found that the

result was in serious and dangerous dispute. The Senate was Republican,

the House Democratic. Each distrusted the other. It was feared that on

the following 4th of March the country would be forced to face one of

two series dilemmas: either that the country would have no President, or

that two would-be Presidents would, with their followers, strive to

enter the White House and take violent possession of the government. Men

would have shot the way they voted. On the 7th of December, Judge George

W. McCrary, a Representative of Iowa, afterward in Hayes's Cabinet,

later a circuit judge of the United States, submitted a resolution which

became the basis of the Electoral Commission. Three distant Southern

States had sent to the Capitol double sets of election returns—one set

for Mr. Tilden, one set for Mr. Hayes. On these nineteen votes depended

the Presidency for four years.

If they were counted for Tilden, he would have two hundred and three

votes and Hayes one hundred and sixty-six; or, if counted for Hayes, he

would have one hundred and eighty-five votes and Tilden one hundred and

eighty-four. The States whose certificates of election were in dispute

were Florida, Louisiana, South Carolina, and Oregon.

The members of the Electoral Commission were selected either as

representatives of their party, or men considered the embodiment of

honor and justice. The Commission consisted of five Senators, five

Judges of the Supreme Court, and five Representatives from the Lower

House of Congress. The attorneys were the leading lawyers of each party.

The Cabinet, leading Senators, Congressmen, foreign Ministers, and

distinguished people from all portions of the country, were present. The

wit, the beauty, the writers, the wisdom of the country assembled in

this room to weigh the arguments, and at last to hear the decision that

Rutherford B. Hayes was rightfully to be the President of the United

States.

This tribunal, and the wise patriotism of Mr. Tilden and his party,

saved the country from a bloody civil war.

XI

INCIDENTS CONCERNING MEMBERS OF THE

SUPREME COURT OF THE UNITED STATES

THE Chief Justice of the United States is the highest legal officer in

this country.

The position has always been filled by men of great learning and of high

integrity, and, differ as we may concerning the wisdom and justice of

some Supreme Court decisions, yet we must believe the judges were

sincere and honest in their renditions.

When the country loses confidence in the integrity of this court, the

very foundation of our government will be in danger.

The first Chief Justice was John Jay, appointed September 26, 1789. He

soon resigned to accept the position of Envoy Extraordinary to England,

where, after the Revolutionary War, the adjustment of our affairs

demanded a person of great learning and skill. The country was fortunate

in having John Adams, John Jay, and, later, John Quincy Adams as its

representatives in this delicate and important service.

John Rutledge, of South Carolina, was a later appointment to the Chief

Justiceship, but the Senate refused to confirm the nomination. Then

William Cushing, of Massachusetts, one of the Associate Justices, was

nominated and confirmed, but declined to serve. Oliver Ellsworth, of

Connecticut, was then appointed, and was confirmed by the Senate March

4, 1796. He served till 1799, when he resigned to go as the Special

Envoy and the Minister to England.

John Jay was again nominated and confirmed by the Senate, but refused to

serve. John Marshall, of Virginia, was appointed Chief Justice by

President John Adams in 1801. He died in 1835. His term and that of

Chief Justice Taney cover over sixty important years in the history of

our government.

John Marshall had served on the personal staff of Washington in the

Revolutionary War, and had suffered the miseries and trials of the camp

at Valley Forge. At the time of his appointment he was Secretary of

State in Adams's Cabinet. He served in both capacities till the close of

Adams's administration.

The Supreme Court, when Marshall was called to preside over it, was held

in a low-vaulted room in the basement of the Capitol, and remained there

until the new wings were finished, about 1857. Mr. Ellis, in "Sights and

Secrets of Washington," tells this story of Marshall: "Upon one occasion

Marshall was standing in the market in Richmond, Va., with his basket

containing his purchases on his arm, when he was accosted by a

fashionable young gentleman who had just purchased a turkey. The young

man's foolish pride would not allow him to carry the fowl through the

streets, and, taking the Judge for a countryman, he asked him to carry

it home for him. The request was promptly granted, and when the young

man's home was reached he offered the supposed countryman a shilling for

his trouble. The money was courteously refused, and upon asking the name

of the person who had rendered him the service, the young man was not a

little astonished and chagrined to learn that his thanks were due to the

Chief Justice of the United States."

A bet was once made that the Judge could not dress himself without

exhibiting some mark of carelessness. He good-humoredly accepted the

challenge. A supper was to be given him upon these conditions: If his

dress was found to be faultlessly neat upon that occasion, the parties

offering the wager were to pay for the entertainment; but if they

detected any carelessness in his attire, the expense was to fall upon

him. Upon the appointed evening the guests and the Judge met at the

place agreed upon, and, to the surprise of all, the Judge's dress seemed

faultless. The supper followed, Judge Marshall being in high spirits

over his victory. Near the close of the repast, however, one of the

guests who sat near him chanced to drop his napkin, and, stooping down

to pick it up, discovered that the Judge had put on one of his stockings

with the wrong side out. Of course the condition of affairs was

immediately changed, and amidst the uproarious laughter of his

companions the Chief Justice acknowledged his defeat.

Mr. Ellis also says: "The following incident in his (Marshall's) life is

said to have occurred at McGuire's hotel, in Winchester, Virginia:

"It is not long since a gentleman was traveling in one of the counties

of Virginia, and about the close of the day stopped at a public house to

obtain refreshment and spend the night. He had been there but a short

time before an old man alighted from his gig, with the apparent

intention of becoming his fellow guest at the same house. As the old man

drove up he observed that both of the shafts of the gig were broken, and

that they were held together by withes formed from the bark of a hickory

sapling. Our traveler observed further that he was plainly clad, that

his knee-buckles were loosened, and that something like negligence

pervaded his dress. Conceiving him to be one of the honest yeomanry of

our land, the courtesies of strangers passed between them, and they

entered the tavern. It was about the same time that an addition of three

or four young gentlemen was made to their number—most, if not all of

them, of the legal profession. As soon as they became conveniently

accommodated, the conversation was turned by the latter upon an eloquent

harangue which had that day been displayed at the bar. It was replied by

the other that he had witnessed, the same day, a degree of eloquence no

doubt equal, but it was from the pulpit. Something like a sarcastic

rejoinder was made as to the eloquence of the pulpit, and a warm

altercation ensued, in which the merits of the Christian religion became

the subject of discussion. From six o'clock until eleven the young

champions wielded the sword of argument, adducing with ingenuity and

ability everything that could be said, _pro_ and _con_. During this

protracted period the old gentleman listened with the meekness and

modesty of a child—as if he were adding new information to the stores of

his own mind, or perhaps he was observing, with philosophic eye, the

faculties of the youthful mind and how new energies are evolved by

repeated action; or, perhaps, with patriotic emotion, he was reflecting

upon the future destinies of his country, and on the rising generation,

upon whom these future destinies must devolve; or, most probably, with a

sentiment of moral and religious feeling, he was collecting an argument

which, characteristic of himself, no art would 'be able to elude, and no

force to resist.' Our traveler remained a spectator, and took no part in

what was said.

"At last one of the young men, remarking that it was impossible to

combat with long and established prejudices, wheeled around, and, with

some familiarity, exclaimed, "Well, my old gentleman, what do you think

of these things?" If, said the traveler, a streak of vivid lightning had

at the moment crossed the room, their amazement could not have been

greater than it was with what followed. The most eloquent and

unanswerable appeal that he ever heard or read was made for nearly an

hour by the old gentleman. So perfect was his recollection that every

argument urged against the Christian religion was met in the order in

which it was advanced. Hume's sophistry on the subject of miracles was,

if possible, more perfectly answered than it had already been done by

Campbell. And in the whole lecture there was so much simplicity and

energy, pathos and sublimity, that not another word was uttered. An

attempt to describe it, said the traveler, would be an attempt to paint

the sunbeams. It was now a matter of curiosity and inquiry who the old

gentleman was. The traveler concluded it was a preacher from whom the

pulpit eloquence was heard. But no; it was the Chief Justice of the

United States."

Judge Marshall was followed by Roger Brooke Taney, of Maryland. He was

nominated by President Jackson, and confirmed by the Senate in 1836. He

died October 12, 1864. His decision in the Dred Scott fugitive case may

be ranked as one of the factors which brought about the Civil War. The

case was substantially this: A negro slave, with a wife and two

children, sued his master for freedom under the plea that, having been

taken North into free States a number of times, they were therefore

entitled to freedom. The decision covers many pages, but the nation

summed it up in these words: "The black man possesses no rights which

the white man is bound to respect." Since Moses established a judiciary

no decision ever made such a disturbance. In the memory of most people

Taney's singularly pure life goes for nothing beside the infamy of this

decision. It outraged the conscience of mankind. Taney claimed that he

did not make the law, he simply gave its interpretation. The decision

was approved by the majority of the court, but he alone was made to

suffer the obloquy which followed.

This decision proved sufficient to bring down the wrath of a just God on

a nation so lost to human justice. The South suffered for the sin of

slavery, the North for conniving thereto.

Judge Taney sleeps at Frederick, Md. (where most of his private life had

passed), beside his wife, who was sister to Francis Scott Key, author of

"The Star-Spangled Banner."

In the summer of 1888 I heard Dr. Wardell, at Ocean Grove, N. J., tell

this incident concerning Salmon P. Chase, who was appointed Chief

Justice by President Lincoln in 1864, and who died in 1873. Dr. Wardell

claimed to have the story direct from Dr. Newman, then pastor of the

Metropolitan Methodist Church, Washington, D. C.

He said that Chief Justice Chase was in the habit of attending the

Metropolitan Church, on Four and One-half Street, Washington, and Dr.

Newman (afterward Bishop) noticed that while the Chief Justice was a

member of the official Board, and attended faithfully to its duties, yet

he always left the church when the sacrament of the Lord's Supper was

administered.

After one such occasion Dr. Newman went to him and said: "Why do you not

avail yourself of the means of grace in the Lord's Supper?"

The Chief Justice answered: "I do not consider myself worthy to partake

of the communion."

The Doctor said: "We invite all who love the Lord, and who do truly and

heartily repent of their sins, to join with us in this service."

"Yes, that is just it. What do you mean by 'repent'?"

Then the Doctor gave him a full and clear explanation of repentance.

On the next communion day instead of leaving the church the Chief

Justice remained in his seat. After all had communed, Dr. Newman said:

"If any soul feels its unfitness for this service, to him this

invitation is specially given. If such a one fails to acknowledge the

Savior and his own unworthiness before his fellowmen, we are assured

that the Savior will not acknowledge him before his Father and His holy

angels."

The Chief Justice rose, and staggered, rather than walked, to the front,

and fell on his knees at the altar railing. After giving to the kneeling

man the bread and wine, the Doctor, seeing the strong face of the

penitent drawn with grief, with the Justice still kneeling, pronounced

the benediction and dismissed the congregation.

The next day, in the robing-room of the justices, Chief Justice Chase

said to Justice Miller: "Oh, I want to tell you to-day what the Lord has

done for my soul! He came very near me yesterday."

Justice Miller replied: "Well, we will talk of that some other time; now

we have the wages of sin and not righteousness before us."

After court adjourned that afternoon, the Chief Justice went down to

Alexandria to see an old servant who had sent for him. He said to her:

"Oh, Auntie, I received a great blessing yesterday; all life is

different. I want to have a closer walk with God."

Within a few days he went to New York to transact some business. The

morning after his arrival he did not come down to breakfast. The clerk

waited till eleven o'clock, and receiving no answer to his frequent

knocks, the door was forced, and there was found the dead body of the

Chief Justice. He had entered on his closer walk with God.

It was well known throughout the country that Lincoln was not in harmony

with Chase, even when the latter was Secretary of the Treasury, but

Carpenter, in his "Six Months in the White House," says:

"Notwithstanding his apparent hesitation in the appointment of a

successor to Judge Taney, it is well known to his intimate friends that

there had never been a time during his Presidency, when in the event of

the death of Judge Taney, Mr. Lincoln had not fully intended and

expected to nominate Salmon P. Chase for Chief Justice."

The appointment must have come to Chase with a little of the effects of

"coals of fire," for he had not been very loyal to Lincoln. He had the

Presidential bee in his own bonnet.

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