Newspaper of The New York Herald, May 8, 1873, Page 3

Newspaper of The New York Herald dated May 8, 1873 Page 3
Text content (automatically generated)

Sadden Death of the Distinguished Jurist and Statesman of Apoplexy. DEATH-BED SCENES. He Passes Away Surrounded by Sorrowing Friends. His Arrival and Last Hours in New York. RESPECT FOR HIS MEMORY. Judge Wordcn's Account of His Condi tion when in Washington. WASHING WORDS OF HIS PHYSICIAN. A Visit to Colorado Proposed. This Summer. The Chief Justicc Recently Incapable of Frotraetfd Mental Labor. LAST ACTS AICTD DECISIONS. Caleb Cushing's High Estimate of the Deceased. A MODEL OF JUDICIAL EXCELLENCE. His Intelligent and Erudite Legal Opinions Since the War. HIS PUBLIC CAREER. Rumors Concerning His Successor 1 in the Supreme Court. Tlie Governmental Departments Closed Ont of Respect for Him. At ten o'clock yesterday morning Salmon P. Chase, Chief Justice of the United states, died in MUb city, at the residence of his son-in-law, Mr. Hoyt, irom the effects of a paralytic Btrokc. The total illness was of little more than twenty-four tours' duration, and, as he remained unconscious luring almost the entire period, his end may be Mid to have been painless and peaccfuL HIS LAST DAYS. Chief Justice Chase arrived in this city on Satnr iajr evening, between lour and six o'clock, irom Washington, and became~tfte rnent of Mb snn-ln law, Mr. William B. Hoyt, at No. 4 West Thirty third street. Ho was iu cood health and spirits, and remained so up to Monday night, nething un usual being noticed in hiin. On Tuesday mo mi mr lie had a stroke of paralysis at about the time lie was tn the habit of rising, and continued perfectly uncon scious until his death yesterday morning, at ten o'clock. His Immediate famdy?Governor Sprague, Mrs. Sprague, their two daughters and Mrs. Hoyt? were AT HIS BEDSIDE When the melancholy event occurred. Mr. Hiram Barney was also In the room. Tuesday morning, at about half-past six o'clock, William Joice, the deceased's valet, entered the sleeping apartment, as usual, and lound the Chief Justice sleeping soundly. At About live minutes past seven he called the Chief Justice, who did not answer, and the valet, becoming alarmed, repeated the call, toot without any response. The Chief Justice's face was very much flushed, and, seeing this, the sorvant immediately bathed it in water. PUT OUT THE LKIDT. The Chief Justice, somewhat revived by this, mo tioned to the servant to have the Are which was burning In the grate put out, and this was the last sign the deceased was able to give. The servant then went and called Mrs. Hoyt, who at once sent for Dr. Perry, of 113 Madison avenue. The Doctor speedily came, find remained with the distinguished patient all that day and night. The Chief Justice NEVER OPENED ni8 EYES OR SPOKE a word from the time he was seized with the para ? lytic stroke until he died. Rev. Dr. Hall was sum moned yesterday morning during the last hours and prayed by the bedside or the dying man. During the time Chief Justicc Chase had been in the city before being taken with the apoplectic lit he had enjoyed excellent health. The valet no ticed nothing unusual about him as he retired to rest on Monday night, about ten o'clock. On Sun day the Chief Justice remained in the house up to soon, when he WENT OrT ALONE TO TIIE PARE, and returned looking hearty and well. On Monday afternoon he rodo out to the Park with Mrs. Hoyt and the children, and In the evening, between seven and eight o'clock, dined with the family and was in good spirits. This attack, which has resulted in death, was not theJOrst from which Chief Justice Chase had suffered. TIE FIRST PARAI.TTTC ATTACE. In August, 1870, ho had a similar attack, with which he was seized while on the cars coming from Niagara Falls. This attack seized him in the right Bide, which it partially paralyzed. The servant (Mr; Joyce) was with him at the time, and was ap prised of his master's illness by SHKINO HIS HEAD DROOP FORWARD and his right arm hang powerless by his side. The Chief Justice suffered from this attack for live weeks and never wholly recovered from it, al though, with but few Intermissions, he occupied his place on the bench. Some time after that at tack and while riding with a lrlend lie expressed anxiety to have the public Informed that his health had not been materially impaired by his late indisposition, making no references, however, to paralysis, but attributing his ailnieDt to SEVERE PROFESSIONAL LABOR. ne remarked that though he was not then sick he was free to admit that he began to feel the ap proach of old age. The Supreme Court having ad journed ho intended to take a trip for the benefit of his health, which he did. Just previous to the ride he had been revising for the press several elaborate opinions, which he had the day before dc llvered In court. Within the last two years he had fallen away so much In flesh that his frame pre sented a marked contrast with Its former fulness, and ms FATE HAD CnANOED to such a degree that many of his friends who had not seen him for several months did not readily recognize him In company or in the street. Kvery body spoke of the change in the appearance of the Chiel Justice. The ratal paralysis, which set In on Tuesday last, affected the left side, this terrible de atwer tuus laving completely aeUed the entuo body of the illustrious Judge. The pfcy?el?M w?o attended him, Drs. Perry, Metcair and Clark, give THK CiUBl or DEATH as apoplexy, followed by partial paralysis of the muscles. ihe deceased had beeu a sufferer irom dis order ol the kidneys. The apartment In wlitcti the Chief Justice died is the rear room of the first floor of the residence. THK DEAD CHIBF JC8TICK. As he lies In the last peaceful Bleep the face 1b thin; the beard and mustache, coming to a point in the Vandyke style, are gray, and the color of t'je skin hati even deepened In that sallownoss which for several yearn past has been gradually darken ing his leatures. last November Chief Justice Chase weighed only 162 pounds, his usual weight having been over two hundred, in height be was six feet two inches. THK LYINd IN STATE. The remains of the late Chief Justice will lie in state at St. Qeorge'B church, Htuyvesant square, sixteenth street, on Friday, and on Saturday, at three 1*. M., THE FUNERAL 8BBVICE8 will take place in the church, the Rev. Drs. Hall and Tyng officiating. on Saturday night the remains will be carried to Washington, where they will be interred with additional ceremonies. HIS FINAL RBSTING PLACE. The body will protiablv, however, be again removed to the State of Ohio. The difficulty of choosing a final resting place in the West for the Illustrious de ceased arises from the lact that the great man who sprung from the multitude had no place there sacred to the ashes of hit sires. TH? HAD NBW8 OP H1H DKATH was soon disseminated through the city, and a feeling or profound sorrow was in the brewta of all. The flags ai the City Hall were hung at half mast, and this tribute U> the great departed was generally paid throughout the metropolis. The evening papers containing the announcement of his death were rapidly bought up, and tho suddenness of his demise was discussed in all Its bearings. The noble character of the man, for which, as well as for his great Intellectual gifts ho was admired and revered, received willing homage from thousands. In the Courts of justice some brief and appropriate addresses were delivered in honor of the distinguished jurist who had passed away. Tho formal action of the judiciary and the legal profession will he taken to-day. In the regions of finance, down town, the memory of Salmon P. Chase, the war Secretary of the Treasury, received Its kindly tribute. Alj through the city, m fact, men found something of regret and affection to say upon the deuth of the ' great Chief Justice. DEATH OF THE CHIEF JUSTICE'S BBOTHER IN 1802 PHOM ArOl'LEXY. The sudden death of the Chief Justice recalls the decease of his brother, Hon. Kdward I. Chase, which took place at Lockport, in this State, in the Spring of 1S?2. Mr. Chase passed away without a moment's warning, stricken down by the same fatal apoplexy which has just terminated the life of his eminent brother. At the time of his death he was the United states Marshal for tno Northern district of Kew York, and was an em clent and able officer in the confidence of Presi dent Lincoln, of whom he was an especial favorite. Like the Chief Justice he was a lawyer, and intensely ombitious. Though not gifted with the legal and political astuteness of the Chief Justice, the resemblance was marked In al ! most every other particular. He was a large-boned, | handsome man of imposing presence and dignified demeanor, and, had lialived, there is bat little doubt I that he woula have been appointed to a place of much higher dlstlnetUo than the one he filled so [ well during the gloomy 4ays of the first stages of secession. There was no premonition of his ap proaching end. He simply left his office and went, to his house to take bis noonday nap?one Horn which he was never to awake. HR. CHARE'S LAST DAYS IN WA8HESGT0S. Washington, May 7, 1873. The news of the sudden and unexpected death of Chief Justice Chase, received here this noon, loll like a luneral pall over Washington?his home for the last twelve years. Up to the adjournment of the Supreme Court he retained his seat on the bcnch, and tbough hio voice waB still weak and his body emacttood, Vimr- was apparently nothing to Indicate his sudden demise. When he Wft here for New York on Saturday last it was lor the pur pose of remaining a few days at the residence of his daughter, Mrs. Iloyt, then proceeding to Bos ton, aud returning about the latter part of this month to proceed westward, stopping at Cincin nati lor a week and continuing his Journey to Col orado, where lie expected to derive great benefit from the mountain '-.Umate in that Territory. JUDGE WOKDEN ON HIS LAST HOt'RS IN THE CAPI TAL, From Judge It. H. Worden, an old and intimate friend of the Chief Justice, and whe was with him constantly during his lart days in thlH city, your correspondent learned that on Friday, April 25, the Chief Justice received from Dr. Brown Seqoard a letter, containing a prescription. He was warned in tho letter that the remedy pre scribed would or might incresse any great loose ness of the bowels, arising from other causes, and directed, in the eveut of such disorder, to "stop the use" of the medicine prescribed, and to resume it as soon as the bowels should become normal again. About the 1st or May he wrote to the doctor, say ing that on Sunday his bowels had become affected, aud that that disorder had continued the next day. He added, "I have nearly recovered fram the disorder, but I am still very weak. I expect to be at Mrs. Hoyt's, No. 4 West Thtny-ttiri street, on Saturday evening alter the arrival of the Wash ington train, and shall be glad to see you." TnE CniEF JUSTICE NERVOCB AND DEPRESSED. It was during the disorder mentioned in that answer that the first appearance of deep depres sion in the Chief Justice was noticed. He ex plained his condition, and was reminded by Mr. Worden of the Indication in the letter as to the possible loosening operation of the medicine. Mr. cuase betrayed some uneasiness on remembering what his physician had written, and that there might, be no doubt about it the letter was referred to confirming all that had been said. After that hlB concern about the disorder of his bowels?in a word, about his whole corporeal condition seemed to lessen, and finally It seemed to have wholly left him. Bnt he was quite sick forever afterwards, and on the evening when he dictated a letter to his old rrlend, W. I). Gallagher, he seemed to reel his weakness very much, apologiz ing tor brevity and breaking off rather abi uptly, and leaving me a little while after having dictated the words, pronounced with much emotion, "i am not well." But the letters and opinions ho dictated were, like his daily talks with me, indicative or un diminished judging and discriminating power, and hiB memory seemed scarcely at all Impaired, Cer tainly as to long past events it was entirely unim paired throughout. From the time wtien Mr. Wor den became his dally companion and assistant his mind was clear, but Mb corporeal condition one or fitful strength, succeeded by great weakness. Ho became mute tender in manner, more considerate, more patient, more indulgent, less Imperious; but there was nothing in his conversation tliat would have led one to suppose his end was so near, or his own condition lie seemed to know as mnch (and as little) as any one who saw him ofien and talked freely with him could discern. PIRCEPriBLB rnYBICAL WEAKNESS. He often said he knew not what was the matter with him, that he knew that he was weak, and that he had lost the faculty of long continued exertion, mentally as well as physically, but that he could not find ont Jnst what was the nature of his physical disorder. Well acquainted with his mental habi tudes and his characteristic modes of thinking and expressing thought, his friend saw that many persons ascribed some things to his altered health wblch ho had known in him in his best days. But, though they had many long, rapid walks, It was no ticeable ho had become less certain of step, Espe cially in starting and stopping, than he had for merly been, though ho never was as sure footed oh most men. and no doubt his myopy always more or less attected his whole faculty of locomotion. His old foro; of will was unimpaired, and he often vt n reiy up to the very mat cvwnug v.i t-. .. it has fceen stated that It was under Mr. Worden's "pernonal supervision" that be had, when he left Washington forever, maoe progress on a work about bis life and timeH. That statement is In correct. He neither devised nor supervised that work. He sanctioned it, indeed, and he aided it by putting his old friend in possession of his let ters and diaries, to be held until the work should he completed; but he never saw a line of it, except the open letter addressed to him by Mr. WorUen on his last birthday, in which letter the plan was indicated ami the scope and spirit of the undertak ing carefully toreshadowed. TOUCHING INTERVIEW WITH SENATOR SUMNER. On Friday, May 2, Senator Sumner called upon the Chief Justice, and the Interview was of the most touching character. The history of Mr. Chase's life was referred to as most eventral, when botb were struggling for the abolition of slavery. Tbe leave-taking was an event whicb deeply im pressed those present. In spite of the rain and wind| the Chief Justice then drove out to Edge wood, accompanied by Mr. Worden. He had set tlements and leave-takings with his servants, especially bis Aunt Cassy Vandry, tils housekeeper, whom he highly praised. On the way out, he talked freely, but with great care and discnmina ! tlon, about the differences between h m and Mr. ?Snmner, whom he praised as learned and other wise wor'hy of high admiration, but whose views, j he explained, had often greatly differed irom his own. HIS FAREWELL TO WASHINGTON. On leaving Washington last Saturday morning he maniiested the most tender friendship toward those who were assembled to bid him goodbv. On Monday last Mr. Wordon received a letter, wrltter by his own hand In pencil, In a firm, clear chirog raphjr, the best that has been seen of his pen wort for some time, and the last he wrote. MR. CHASE'S LAST LKTTEB. It Is as folAws:? ? ? _ New Yon*, May 4.1873. My Dear Judge? Please excuse niv pencilling; it is more convenient than ink. I hail rather a cold and bleak ride yesterday, relieved by the comlorta of a compartment, which I should call a box, but was rewarded at the end by seeing mv children in good health, and some of my grandchildren. Thcro is nothing changed In my personal condition. How do you feel now that 1 am gone, relieved from my sick ways uud utterances, or, upon the whole, are you sorry to miss me!1- Remember me to Don and Mrs. Fiatt when von see them. I hone Mrs. Piatt has quite recovered from the effects of the shock and discomforts to which she was sub jected by the Are. Tell l)on that I was disap pointed by his non-fnltilment of his promise to Mrs. Spragnc to call on me to sav goodby. Do you remember Dr. Brown Sequard's noto? Was It leit among the letters of which you took charge? Please enclose it bv return mail. I still propose going to Boston on Wednesday or Thursday, aud particularly waut the note. Faithfully your friend, m ? S. P. CHASE. To Hon. R. B. Wordf.n. HIS LAST ACTS A\D DECISIONS# Washington, May 7, 1873. Mr. Justice Field, who 1b still in the city, was deeply myrcd by the tidings, being wholly unpre pared for such news. He states that at the last conference of the Court the faculties ef the Chief Justice were as clear and unimpaired as ever, and tbat he parted with him in the enjoyment of his usual health since the first attack, and with promise of continued improvement. He had, how ever, retained his cheerful disposition, and in his ramily and official relations there was no change. There were no traces of that disappointed ambi tion which many have assigned as the cause of his decay. On the contrary, he has pursued the even tenor of his way, with all the application and labor which could be expected of one In broken bealth, and has seemed Just as much interested in the ultimate settlement of the vexed questions of government which have arisen in consequcnce of the war, by the adjudications of the Court, as when in the vigor of life. A MODEL OF JTTDICIAL EXCELLENCE. Hts associates on the Bench unite in pronounc ing his style a model of judicial excellence. He was never prolix nor diffuse, but always brief and explicit, and many of his opinions are regarded as among the ablest ever pronounced from the Bench. Certainly none of bis predecessors ever passed upon graver questions, and none ever ac quitted themselves with more distinction. During the war the prize cases presented the great ques tions for decision, and in a series or opinions in those eases, maintaining that (reu ships made free goods, he established the precedents of tbe future in this country. TnE CURRENCY QUESTIONS AFTER THE WAR. After the war came the currency questions, and his opinions la Lane vs. Oregon. Rhodes vs. Broli son, and the legal tender cases followed, the first deciding that the States could collect taxes In gold and silver or In any other commodity, at their pleasure; the second mstalning gold contracts, and the third asserting the unconstitutionality of the legal tenders, since reconsidered and reversed by the Court. Then camc the question of the status of the States in the Union as affected by the war; and in White vs. Chiles it was held, the Chief Justice delivering the opinion, tnat the con stitution in all Its provisions looks to an indestructible Union, composed of indestructible States. The case of Thorlngton decided that con tracts made in a currency forced upon a people by a Of facto government, in which they did their dally marketing and transacted all the affairs of life, must be sustained, and that to declare them void because such currency was issued by rebels would be monstrous and absurd. ni8 VIEWS ON PRESIDENTIAL PARDONS. Later came the cases of Padclford and Arm strong, In which the opinions were delivered by the Chief Justice, the former holding that the pardon of the President not merely releases the offender I from the punishment prescribed for the offence, but that it obliterates, in legal contemplation, the offence itself; and the latter overthrow ing the Drake amendment by declaring that the proclamation of pardon and amnesty issued ! by tbe President entitled the claimant to the proceeds of her captured and abandoned property in the Treasury, without proof that she never gave aid and comfort to the rebellion; that the pro clamation granting pardon unconditionally, and without reservation, was a public act of which all Courts of the United states were bound to take notice, and to which all Courts were hound to give effect. A year ago last Wluter the Utah case was decided, that Congress leit to the Territorial gov ernments all the questions relating to their local government, and that this was the theory upon which Territorial orgjnlzations were based. CLOSE ATTENTION TO BUSINESS RECENTLY. During the term of the Court Just closed the Chief Justice has regularly attended, and has not been absent once on account of ill health. In two or three Instances he was away, but only for two or three days at a time, aud then for the purpose of attending to private affairs, and at a time when his presence was not particularly required. Late in the term he went to Richmond while the Court was In session there; but not, aa was widely published to hold Court, but more for recreation than anything else. Ho returned a week or ao before the adjournment, and was present at the final conferences and on tbe laat day of the torm. AT Trnt LATEST COURT CONFERENCE. At the last conference he read his opinions to the assembled Court, which were considered fully up to his best efforts, although, ol course, not concern ing questions of the greatest importance. These oplnlous were delivered by him one week ago to morrow, and as they are Ills last efforts, and have considerable Interest to the public, they are given iu full as fellows . _ - _ HIS LAST DECISION.". intent of the Southern Express Company, plaintiff In error, vs. The Mayor, Alder man aud Common Council of Mobile?In error to Supreme Court of the State of Alabama.?Mr. Chief Justice Chase delivered the opinion ol the Court. !i5hi).if!n!iff.Ln urror. WdH ,he "Kent #t Mobile, Alabama, of the Southern Express Company, m tr ' a,te(i ^ H,ale of Georgia, and as such fn,aVn?leJ,.,a 8etH;ral Awarding aud express ii iV.i within and extending beyond the limits ,An or,llua"<--e of the city of Mobile force, requiring that every express ?>??]' or railroad company doing business In a?. J,aY'nfc a business extending beyond the limits of the Htate, should pay an annual llccnao liL,.?"00'.. i should be deemed a first grado !i??J?80J . every express or railroad company doing business within the limits of the Mtato should take out a license called second grade license and pay therefor $loo. and that every snch company doing business within the city should take out a thira grade license, pajlug therefor 160. It sub jected any person or incorporated company who should vlo ate any oi its provisions u> u tine not exceeding (So tor each day ol such v lolutlon. Ou the tOtii or Kebrttary, iHiiu, the plaintiff In error was lined by the Major01 Mobile for violating that ordinance In conducting the business of his agency without liaviug paid the $&oo and obtained the license required, lie appealed to the Circuit Court of the Mate, which anirtned the judgment of the Mayor. He then appealed to the Supreme Court of Alabama, and that Court affirmed the Judgment ol the Circuit Court. A writ of error to the Hu preme Court of the State brings the cane here. The record presents the question whether the oidi nance, in requiring payment for a license to trans act in Mobile a business extending beyond tne limits ol the State 01 Alabama, was repugnant to the provisions ol the constitution, vesting in the Congress ol the United States the power "to regu late coiumcrce among the several States." In soveral cases decided at this tonn we havo had occasion to consider questions of State taxa tion as affected by this clause of the constitution. In that of the Philadelphia and Reading Kahroad vs. Commonwealth of Pennsylvania?Wallace?we held that the state could not constitutionally Im pose and collect a tax upon the tonnage of freight taken up within its limits and carried beyond them, or taken up beyond its limits and brought within them?that Is to say, in other words, upon Ihter-Htate transportation. In another case be tween the same parties?Wallace?we held that, a fax upon the gross receipts for transportation by railroad and canal companies, chartered by the State, Is not obnoxious to the objection ol repug nancy to the constitutional provision. The tax on tonnage was held to tie unconstitutional because it was m effect a restriction upon inter-State com merce, which by the constitution was designed to be entirely free. The tax on gross receipts was held not to be repugnant to the constitution be cause imposed on railroad companies in the nature l ?! a general income tax and Incapable of being transferred as a burden upon the property carried iroin one Statu to another. The difficulty of drawing the line between consti

tutional and unconstitutional taxation by the State waa acknowledged and has always been acknowl ' ?? - .j this Court; but that there is such a line la . and tlic Court can best discharge its duty by In each case ou which side the tax complalued of is. it is aa important to leave tho rightful powers of the State in respect to taxation unimpaired as to maintain the powers of the federal govern ment In their integrity. In the second of the cases receutlv decided Ihe whole Court, agreed that a I tax ou business carried on within tho State, and without discrimination between its citizens and tho citizens of other States, might be constitution ally imposed uii'l collected. The CAse now beiore us seems to como within this principle. The Southern Express Company was a Georgia corporation, carrying on business In Mobile. There was no discrimination in the taxa tion of Aiabama between it and ihe corporations and citizens of that Staie. The tax for license was the same by whomsoever tho business was trans acted. There is nothing In the case, thereiore, wlilclt brliiTB it within the case of Ward vs. Mary land (12 Wallace, 423). It seems rather to be gov erned by the principles settled In Woodruff vs. Parham (H Wallace, 128). Indeed, no objection to the license tax was taken at the liar upon the ground ol discrlmatlou; its validity was assailed lor the reason that It imposed a burden upon inter State commerce, aud was, therefore, renuguant to the clause of tho constitution which confers upon Congress the power to regulate commerce among the several'States. It is to tie observed that Con gress has never undertaken to exercise this power in any uiauner inconsistent with the municipal or dinance under consideration, and there are several cases in which the Court has asserted the right of the State to legislate, In the absence of legislation by Congress, upon subjects over which the consti tution has clothed that body with legislative au thority. (' License Cases," 6 Howard, 504; Wilson vs. Blackbird Creek Marsh Company, 2 Pet., 24f>; Cooley va. Hoard of Wardens, 12 Howard, aift.) Hut It is not necessary to resort to the prin ciples maintained In these cases for t he decision of the case now before us. It comes directly within the rulealaid down in the case relating to tho tax upon the gross leceipts of railroads, in that caso we said, "it is not everything that affects com meroe that amounts to a regulation of it within the meaning of the constitution." Wo admitted that "the ultimate effect" or the tax on the gross receipts might lie "to Increase the cost of transpor tation," but we held that the right to tax gross re ceipts, though derived In part from Interstate transportation, whs wltiiin the general authority ol the States to tax persons, property, business or occupatlous within their limits. The li cense tax in the present case was upon a business carried on within the city of Mobile. Tho bnslneas licensed included transportation beyoud tho limits of tho State, or rather the making of contracts within the State tor such tran*|>ortai7on beyond it. It was with reference to this leature of the bnalness that the tax was, In part, imposed; but It was no more a tax upon inter-State com merce than a general tax on drayage would be, becatUK? the licensed drayman might sometimes l>e employed lu hauling goods to vessels to be trans ported beyond the limits of tho State. We think it would be going too far so to narrow the limits of Slate taxation. The judgment of the Supremo Court of Alabama Is, therefore, affirmed. ANOTHKR IMPORTANT INSURANCE DECISION. Delite P. Kipley, Administratrix, and James Sutherland. Administrator, of tho Estate ol Willis J. Kipley, Deceased, PlaintiffiUn Krror vs. the Hall way Passengers' Assurance tompunv, or Hartford, Conn.?In error to the Circuit Court of the United States for the Western District of Michigan.?Mr. Chiel Justice Chase delivered the opinion of the Door*. Tlw fcnlt below was originally brought In the Cir cuit Court lOr f ent county, Michigan* by the ad ministrators of Willis J. Kipley, to recover the mm of $6,ooo, la which tie was assured against injury an# note nee by an Accident policy Issued by Hlfl Aefendaut it was removed Into tho Circuit CostttTif-nw rnlted states upon the appli cation of.the defendant, and has been brought here by wr>? of enor by the plaintiffs. The record shows that Mi only error complaiucd or Is that tho Coart held *?t the Insured, walking on foot at the tiiM when,?W Injuries were received by Him, was not "tratwtp&g by public or private convey ance," as re^atnpl the policy. Our duty is, jfarefore, limited to the construc tion of the pomp. That Instrument was dated on the Mb of flBllW, and good for one dar. com mencing with dite. It stipulated tor the payment of I'.QOO to MM legal representatives of the as sured, In the event of his death, within sixty days irorn the happening of the accident, irom injuries effected through violent and accidental means, provided that tne death was caused by an accident While the assured Waa "travelling by public or urt vate conveyance lu tie Doited states or Dominion of C&uada." After purchasing the ticket the In sured proceeded by steamboat to a village about eight rnilea from hie residence, ami rfoni that vil lage he walked borne. While jrfrnis way he re ceived injuries by vlolence^Jjftn the effects of which he died soon aiterwaMBTund within the time limited by the policy. Tne question is wbeffler when he received the in juries he tras travelling by public or private con veyance. That he was travelling Is clear enough, but was travelling on foot travelling by public or private conveyance. The contract most receive the construction which the inngnage nsed fairly warrants. What was the understanding of tne parties, or, rather, what understanding must naturally have beon derived Irom the language used:- It seems to ns that walking (would not naturally be presented to the mind as a means of public or private conveyance. Public conveyance naturally suggests a vessel or vehicle employed In the general conveyance of passengers, private | conveyance suggests a vehicle belonging to a pri I vno individual. If this was the sense in which | the language was understood by the parties the deceased whs not, when Injured, travelling wlthtn the terms of the policy. There Is nothing to show that it was not. The Judgment ol the Circuit Court is therefore affirmed. niS LAST CTTBRANCR3. The Chief Justice always read his opinions, and on Thuraday, after concluding these, he an nounced an amendment to the eighth rule, which has been published, and directed the Court to be adjourned to the time and place appointed by law. , These were his last official utterances. The Court then separated, after much leave taking, the Chief 1 Justice being congratulated on nls condition, and apparently feeling cheerful aud hopeful as to his health. ON THE BFNCH the Chief Justice was always strict in enforcing order, and would not tolerate the reading of news papers by the audience nor by counsel within tho bar. In the court room there could be but one object, and that must be the business before the Court. Towards the officers of the Court he was kind and Indulgent, hut exacted implicit obedience to order. With the Bar he was a great favorite, although he frequently reminded counsel accustomed to talk loudly in the Courts below, that the Court could hear quite distinctly the ordinary tones of voice, and that vociierutiug wua unnecessary. HIH niKTS to a snowy COUNCIL. On one occasion a gentleman from Maryland, clad In garments of a variety of colors, was, by desire of tho Chief Justice, requested to appear In plaluer dress when presenting himself in future. But none of these requirements seemed to provoke the displeasure of the profession, but rather gratified than otherwise those in general practice in the Court wlio are interested in maintaining its dignity. C1LEB CtSOMC'9 ESTI9.ITE OF THE DE. CEASED. Washington, May 7, 1873. Mr. Cnshlng, whose long knowledge of Mr. Chase in public lire gives weight to his opinion In this re spect, said to your correspondent, In announcing to him the news of Mr. Chase's death, that he deeply and sincerely regretted the death of the Chief Justice. Although It was an event that might have beea expected at any time it came now as a painful surprise. In losing him we lose one of the moat eminent men of our country. Ilia high rank m a lawyer, nis legislative experience IntheRenateof the United States, his administrative experience an Governor of Ohio and Secretary ol the Treasury of the United FUtes, Mb high intellectual qualities and accomplished education rendered him particu larly (It (or the office of Chief Justice, which he tilled with great dignity, aad had the respect and conlidence of the Bar. Although his falling health had been apparent in his wasted Iratne, aud especially in the enfceblemcnt of h<8 voice, there lifts been no traco of Infirmity In his judicial opinions, which have been conceived and written with superior merited vigor and elegance of lan guage, and have been In all respects worthy of Ills elevated position as head of the Supreme Court of the United States. SUCCESSION aiinORS ON tbe chief jus ticeship. Washington, May 7, 1H73. There is already much speculation here touching the question of the Clilet Justiceship, and the names of Attorney General Williams, William M. Kvarts, Senator Kdmnnds and Justices Miller, Swayne and Bradley are mentioned as probable successors. But t*iere Is nothing to show that the claims of either or these gentlemen arc seriously regarded in authoritative quarters, nor Is it, be licved by mauy that any Associate Justice will be appointed, because such a thing has never occurred but once, and then did not result In succession. Tbe difficulty in the way of appointing one of the Associate Justices to the position Is that., if such promotion be made at aH, It should be by right of seniority, and as the JuBtice entitled by that right might not be acceptable ^o the President, person ally or politically, such a course could not be con sistently adoptod; and If choice Is to be made from the junior members, it would create a feeling of dissatisfaction among those above him, and thus lead to unpleasant results calculated to disturb the harmony of the Bench and prejudice the busi ness oi the country before the Court. AN ASSOCIATE JU1KIK SUCCEEDS JAY IN 1705. The only Instance on record of an Associate Jus tice having been elevated to tho position of Chief Justice Is that of William Cnshing, of Massachu setts, who was appointed by Washington In 17?5, during the absence of Justice Jay in Eu rope In 1704-6, negotiating the treaty which bears his name. Mr. Justice Cnshing, us Senior Associate, presided, anil after the rejection by the Senate of Butlertge he was appointed and unani mously confirmed. IIOW WASHINGTON NOMINATED A CHIEF JUSTICE. A clrcumstancc attending the appointment Is worth relating. On the day of the confirmation a large dinner party was given by the President, and Justice Cusliing was one of tho guests, on enter ing tho dining room Washington directed his eve toward the Judge and said, in an emphatic tone, ??The Chief Justice of the United States will be seated on my right." No one was more astonished by tho announcement than the Judge himself, who had heard nothing of the nomination until that moment. He was much affected by tho incident, but after holding his commission about ten days he resigned It, on account of ill-health, never In the meantime having actually presided In Court as Chief Justice, and, although devoted to the wishes of tho President, Washing ton could not dissuade him from the step. It can not, therefore, bo said, strtcti fiiri*, that ho ever held the position, nor consequently that as a matter of fact, an Associate Justice was ever promoted to the Chief Justiceship. SORROW IN THE JTOICIAL DEPARTMENTS. At the office of the Clerk of the Court there is great sorrow at the death of the Chief Justice, as he is the sourec of authority to that office issuing from the Conrt, and his course has been such as to endear tils memory to all those connected therewith. Mr. Middleton, the Clerk, relates the same story of the supposed favorable condition of the health of the Chief Justice as Is told by others who were officially associated with him. Nowhere is the sur prise greater or the loss more keenly felt than here. The Court of Claims and the Courts of the District Immediately adjourned upon the announce ment of tho intelligence. The departments are all profoundly impressed by the palnrnl occurrence, and there Is general mourning among all classes in the city. onio's claim to nis ashes. It Is not known where or when tho funeral will take place or where he will be burled, but it is thought by those who speak on the subject that his remains will be committed to the soil of Ohio, his adopted State, and which ho loved so well, and so highly honored, In return for honors bestowed. Ohio, it Is said, witnessed his early triumphs at the Bar, saw in him the materials for a statesman, ele vated him In her own and afterwards to the na tional councils, where he has so long shone con spicuously among the greatest, and she 1b now entitled to claim the cwrtody of his ashes and the distinction of his sepulchre. GENERAL REPORT FttOH WASHINGTON. WAsniNOTON, May 7, 1873. The Attorney General was advised early In tho day of the serious illness of the Chief Justice, and In abrtefspaco of time afterwards of the death of Mr. Chase. Secretary Richardson was also early advised of the death of the Chief Justice, and tbe sad intelli gence was spread throughout the Treasury Depart, ment very rapidly, creating sincere expressions of sorrow among the clerks and employes, many of whom were old and Intimate official associates or the deceased, several or the more prominent offi cials in the different bureaus having been appointed during his administration of the office of Secre tary of the Treasury. TOE PUBLIC DEPARTMENTS TO R1 CLOSMD. The public departments here will be closed and draped in mourning in respect to the memory of Mr. Chase. RR8PRCT FOR ni9 MEMORY IN THE DISTRICT COPRTS. The Supreme Court of this District received news of the death of Chief Justice Chase about noon to day, and Chief Justice Cartter announced that the Conrt would take a recess, and In the meantime would ascertain the correctness or tne report. The recess was accordingly taken, and, on reassem bling, Chief Justice Cartter said the sad tidings bad been confirmed, and the Court would adjourn in respect to the memory of the deceased. PROBABLE CABINET ACTION. There will be, It is thought by officers of the Cabi net uow in Washington, a mectlug of the Cabinet immediately upon the return of the President to Washington, at which appropriate action will be taken regarding the death of tho distinguished j nrist and MR. CHASE AT A BREAKFAST PARTY. On the occasion or his departure from the city on Saturday morning last a llttlo breakfast party was assembled at the Sprague mansion, corner or Sixth and K streets (where the Chief Justice has re sided for a year past), consisting of Judge Chase, judgo Wordcn, his private secretary and biog rapher, Miss Walker, a sister of Judge Walker, of Ohio, Miss Carrie Monlton and Miss Amy Auld, a niece or the Chler Justice. Mrs. Sprague had left Washington two days before and was not present, uor was Senator Sprague, who left for the Kast soon alter tho adjournment of Congress. The break rast passed off pleasantly, although It was noilced that the Chief Justice was not in his usual spirits. His leave taking or everybody was unusually affl-ctlouate, which was romarked by all present. HIS EVENING VISITS LAST WINTKR. During the past Winter he attended several even ing parties, among them those of Secretary Ksh and the British and Japanese Ministers, and also Mr. King's literary reunions, in company with his daughter, Mrs. Sprague. He appearod to be cheer ful, and conversed with his usual fre?'<iom, but It was apparent that his constitution had received a shock from which he never could recover. THK JUDOK'S IMPRESSION OF HIS DISEAS1. The Chief Justice has been for a long time under the impression that his disease was tuo result of a fever ami aguo contracted several year* ago In Michigan, the peculiar feature of which was physi cal weakness and Inability to labor continuously. For this reason he has for some time past re frained from attempting an* protracted mental labor. THE HEWS AT ALBANY* Uovrrnor Dim'. Both Houttf Adjourn Oat of Ilea pret to tit* Memory of the Lata Chief Justice. Ai.raHt, May 7, 1873. The Governor sent the following message to botfr houses this evening In relation to the death ol t'hlel Justice Ciiobo:? State op Nbw York, EiFrnnvi Oiiaiibeh, 1 Albany, May 7, lsva. I , To rn* Lkoirlatitrr It is ray painful duty to announce to yon the (loath of tlie Hon. Salmon P. Chase, ChlerJustico o( the United states, in the citv ot New York, to day. I make the communication with the assur ance that it will be the wish of the two houses to unite In snch expression of respect a* they may deem due-to his eminence as a statesman and a' Jiirist, the distinguished place which he filled In tho government. the purlt.v or hiB life and his patriotic services to the country. JOHN A. U1X. ACTION OK TIIK I KCilHI.ATt KK. On motion of Senator Palmer, in the Senate, a special committee ol three was appointed to draft resolutions commemorative of the memory of tha deceased, and to take appropriate action as to hia death. Senators Palmer, James Wood anil Murphy were appointed as the committee. In the House, after the message was read, Mr. Jacobs made a similar motion to that of Senator Palmer's, and fl special committee of five to draft resolutions, Ac., was appointed, as follows:?Messrs. Jacobs, Veil" dor, Herring, Van Cott and Mairulre. The twa houses then adiourncd out of respect to tha memory of the deceased statesman. EFFECT OF THE KLWS 19 THE SOUTH. Uichmovp, Va., May 7, 1873. The announcement of tlic death of Chief Justice Chsise caused great surprise in this city, and was read with feelings of the most profound regret, lie was universally esteemed, and the remark thai "a great man and friend ol the south has fallen** is general. Great anxiety is felt In regard to hi* successor, as much of the future hapfilness of thia section. It Is felt, depends upon the man whom tUQ President may select to flit his place. Senator Conkling is learod, but Mr. Evarts, Mr. Washburne or Charles Francis Adams would bs acceptable. A meeting of tho Rar has been called for to-mor row morning to adopt resolutions expressive ol the sorrow of the fraternity at the great loss tha country hits experienced In the sudden death ol this emluent jurist and statesman. AH the morning papers will contain elalx orate eulogies of tho deceased. Judge Chase was so recently In this city as the gnest of General Rradley T. Johnson, who id preparing reports of his decisions for publication, and mixed so freely with the people, that the blow; from that very fact, shakes them with the mors force and suddenness. In a despatch to tho IIruald at that time, hid latest political views in relutlon to the issues oi the future were given, as taken from hiB own lipa during a brief interview with Governor Walker. THE ASmWCLJIfclT II OHIO. Cincinnati, Ohio, May T,1873, ' Samuel P. Covington, President of the chamher of Commerce, announced the death of cniel Justice Chase to-day on 'Change, and alluded to hiB dis tinguished services aud the intimate relations he has held with the city. A committee on resolutions of respect to the memory or the Chief Justice waa appointed, consisting of five old members of the Chamber. SKETCH OF THE LATE CHIEF JUSTICE* The subjeat of this sketch was born In Cornish, N. n., January 13, 1808. He was taken at the age or seven years to the town of Keene, which hia rather had selected as nlB future place of residence. After attending the village school here for two years the boy was obliged to "go West," on ac count of the death of his father. His departure from Keene was delayed, however, until he woai sent for by his uncle, Philander Chase, who waa consecrated Episcopal Bishop of Ohio In the year 1819. Young Salmon's education was placed In good hands from thi time he arrived at Worthington, Ohio, lor Ills uncle, a very learned and eminent df vine, took au especial interest in him and guided his steps through the tortuous mazes of the classics nutil he emerged us a PrcBhiuan at Cincinnati College about the \ time that his Episcopal tutor and kinsman wan ap pointed President of that Institution. We nexfi And him in the Sophomore class, victor In nu memos collegiate "mills" in the arena of classical lore, and althongh his term of studies in the Queen City lasted only a year yet It gave abundant prom ise of future greatness in the boy. He returned to his mother's home in New Hampshire after hia parting with his uncle, and In 1824 he became a member of the Junior class In Dartmouth College, from which honored Institution he graduated after two years. After icav'ng college Mr. Chase betook himself to the national capital, and in the Winter of 1827 he opened a classical scheoi for boys. Suo cess at once crowned his efforts. The sous of WlV Ham Wirt, Henry Clay and other distinguished statesmen were numbered among his pupils. Dun lng the two years he was in charge of this school he studied law, with unremitting zeal and industry, under Mr. Mel. and in 1820 he was admitted to the Bar, and relinquished the teacher's desk for practice In the District Courts. The succeeding year found Mr. Chase back again In Cincinnati, and through the "Slough ot Despond" of poverty, toll and drudgery he manfully worked hia way into a position of eminence In his profes sion. An edition of the statutes of Ohio, with aa introductory sketch ol the history of that state, brought lilni Into high popularity. In 1834 he was appointed Solicitor of the Bank of the United States in Cincinnati, and local corporations gladlj availed themselves of his legal lore, extensive practice and sound judgment. UIS FIRST ITTKRANCKS AGAINST SLAVKRY. In 1837 Mr. Chase first gave his Tlewa In pnbllA on the question of slavery. A colored woman la Cincinnati was claimed as a fugitive slave, and Mn Chase acted as ner counsel. He denied the autiov> Ity of Congress to confer any power on State msgis trates In fugitive slave cases, and the position taken by him was afterwards sustained by the United States Supreme Court. The argument ad> vanced by him was exhaustive and brilliant In Ita sound logic and perspicuity. Another case of the same kind came np during the same year, in which Mr. James G. Bimey was prose cuted before the Supreme Court of Oiikf for bartering a fugitive slave. Mr. Chase, in defence of the accused, asserted the doctrine that slavery Is local, and that It canuot he recog nised in any shape or torra in a free state like Ohioj He became the legal champion against the rights oi slave owners to reclaim their human property when lonnd within the confines of his state. Iq 184*1 he was associated with the late William Hw Seward as defendant's counsel In the case of Van /.andt before tne United states Supreme Court, and In the same year lie was engaged for the defence in the case oi Diskell vs. I'arlsh, before the Cir cuit Court at Columbus. Pew lights of the legal prole ssion shed more lustre on it than did Ml chase In his spleudtd efforts against the national!* zation of slavery. COMMKNCKMK.vr OT 1118 POLITICAL CARRKK. I p ts the J ear 1841 Mr. Chase took no prominent part In politics. He voted in most cases the whlij ticket, as lie thought the party was not as com pletely wedded to slavery as their opponents, thd democrats, hut. occasionally he was found on thd side of the latter. The tone of the inaugural addresa ol General Harrison In 1840, whom he supported during the preceding campaign, and the course or the Tvier Administration, convinced Mr. chase that nothing couid l>e expected lrom a slavehoicK lug and |>ro-slaverj-wlnged party. In the follow ing year, therefore, he signed a call for the conven tion of the opponents of slavery and slavery exten? s:on, which took place in September at Columbus. Here the Liberty party oi Ohio was organised, a gubernatorial candidate nominated, and an ad dress. the handiwork of Mr. Chase, Issued to the people, it was the earliest exposition of a political organization against slavery. In IMS we And Mr. Chase as one of the most active members or the National Liberty Convention assembled at Buffalo. In the same year we find him as author of the f.v* uious address to the Loyal National KeDeal asho. elation of Ireland, in reply to a letter rrom Daniel O'Connell, rrom lilt) ttlcuUa la Cincinnati. Twd years aUcrwarda he was chairman or a coma mlU?ft fct a frraml Sontnern and WesterJ Convention held at Cincinnati, and In 1847 lie attended the second National Liberty Convention/ A vear afterwards he prepared a call for a Pre* Territory Convention, whlcli was held at Columbus/ and which led to a national assembly at Buffalo^ i CONTUTUED ON TEHT& PAQ&?

Other pages from this issue: