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

CHIEF JUSTICE CHASE. Sudden Death of the Distinguished ” ° Jurist and Statesman’ of Apoplexy. DEATH-BED SCENES. He Passes Away Surrounded by t Sorrowing Friends. His Arrival and Last Hours in New York. RESPECT FOR HIS MEMORY. Judge Worden’s Account of His Condt- ‘tion when in Washington. WARRING WORDS OF HIS PHYSICIAN. A Visit to Colorado Proposed ' This Summer. The Chief Justice Recently Incapable of Protracted Mental Labor. LAST ACTS AND DECISIONS. Caleb Oushing’s High Estimate of the Deceased. A MODEL OF JUDICIAL EXCELLENCE, His Intelligent and Erudite Legal Opinions Since the War. PUBLIC CAREER. Rumors Concerning His Successor +..<- i the Supreme Court. The Governmental Departments Closed Out of Respect for Him. At ten o'clock yesterday morning Salmon P. Chase, Chief Justice of the United States, died in tts city, at the residence of his son-in-law, Mr. Hoyt, from the effects of a paralytic stroke. The fata) illness was of little more than twenty-four Roure’ Guration,‘and, as he remained unconscious during almost the entire period, his end may be Said to have been painless and peaceful. HIS LAST DAYS, * Chief Justice Chase arrived in this city on Satur- day evening, between four and six o'clock, from Washington, atid becamethe guest-of Ais son-in- Jaw, Mr. William B. Hoyt, at No. 4 West Thirty- third street. He was in goed health and spirits, and remained so up to Monday night, nething un- usual being noticed in him. On Tuesday morning he had a stroke of paralysis at about the time he wasin the habit of rising, and continued perfectly uncon- seious until his death yesterday morning, at ten o’clock. His immediate family—Governor Sprague, Mrs. Sprague, their two daughters and Mrs, Hoyt— were AT IIIS BEDSIDE ‘when the melancholy event occurred. Mr, Hiram Barney was also inthe room. Tuesday morning, at about half-past six o'clock, William Joice, the deceased's valet, entered the sleeping apartment, ag usual, and found the Chief Justice sleeping soundly. At about five minutes past seven he called the Chief Justice, who did not answer, and the valet, becoming alarmed, repeated the call, but without any response. The Chief Justice’s face was very much flushed, and, seeing this, the servant immediately bathed it in water. PUT OUT THE LIGHT. ‘The Chief Justice, somewhat revived by this, mo- tioned to the servant to have the fire 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, and remained with the distinguished patient all that day and night, The Chief Justice NEVER OPENED HIS EYES OR SPOKE @ 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 of the dying man, During the time Chief Justice Chase had been in the city before being taken with the apoplectic nt he had enjoyed excellent health, The valet no- Uced nothing unusual about him as he retired to rest on Monday night, about ten o'clock. On sun- @ay the Chief Justice remained in the house up to noon, when he WENT OUT ALONE TO THE PARK, and returned looking hearty and well. On Monday afternoon he rode out tothe Park with Mrs. Hoyt and the children, and in the evening, between Beven and eight o’clock, dined with the family and ‘Was in good spirits, This attack, which has resulted in death, was not theffirst from which Chief Justice Chase had suffered, THE FIRST PARALYTIC ATTACK. In August, 1870, he had a similar attack, with ‘which he was seized while on the cars coming from Niagara Falls. This attack seized him in the right side, which it partially paralyzed. The servant (Mr. Joyce) was with him at the time, and was ap- prised of his master’s iliness by SEEING HIS HEAD DROOP FORWARD and his right arm hang powerless by his side. The Chief Justice suffered from this attack for tive ‘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- ack and while riding with a irtend he expressed anxiety to have the public informed that his health had not been materially impaired by his late imdisposition, making no references, however, to paralysis, but attributing his ailment to SEVERE PROFESSIONAL LABOR. He 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 he 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 de- livered in Vourt. Within the last two years he had fallen away so much in flesh that his frame pre- fented a marked contrast with its former fulness, and WIS PACE HAD CHANGED 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. Every- body spoke of the change in the appearance of the Chief Justice, The fatal paralysis, which set in on Tuesday last, affected the left side, this terrible de- stroyer thus having completely seizgd the entire body of the fllustrions Judge. The physicians who attended him, Dra, Perry, Metcalf and Clark, give THE CAUSE OF DEATH a8 apoplexy, followed by partial paralysis of the muscles. The deceased had been @ sufferer irom da order ot the kidneys. The apartment in which the Chief Justice died is the rear room of the first floor of the residence. ‘THE DEAD CHIBF JUSTICE. Ashe lies in the last peaceful sleep thé face is thin; the beard and mustache, coming to a point in the Vandyke style, are gray, and the color of the skin has even deepened in that sallowness which for several years past has been gradually darken- ing his ieatures, Last November Chief Justice Chase weighed only 162 pounds, his usual weight having been over two hundred. in height he was six feet two inches, : THE LYING IN sraTe. The remains of the late Chief Justice will lie in state at St, George’s church, Stuyvesant square, Sixteenth street, on Friday, and on Saturday, at three P. M, THE FUNBRAL SERVICES will take place in the church, the Rev. Drs. Hall and Tyng officiating. Om Saturday. might the remains will be carried to Washingtom, where they will be interred with additional ceremonies. HIS FINAL RESTING PLACE. ‘The body will probably, however, be again removed tothe State of Ohio, The difficulty of choosing a final resting place in the West for the illustrious de- ceased arises from the tact that the great, man who sprung from the multitude had no place there sacred to the ashes of his sires, THE SAD NBWS OF BIS DEATH was soon disseminated through the city, and a fecting of profound sorrow was in the breasts of all. The flags at the City Hall were hung at haif mast, and this tribute to the great departed was generally paid throughout the metropolis. The evening papers containing the announcement of his death were rapidly bought up, and the suddenness of nis demise was discussed in all its bearings, The noble character of the man, for which, as well as for his great intellectual gifts he 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. The formal action of the judiciary and the legal profession will be 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. Al) through the city, mn fact, men found something of regret and affection to say upon the death of the great Chief Justice, DEATH OF THE OHTEF JUSTICES BROTHER IN 1862 FROM APOPLEXY, The sudden death of the Chief Justice recalls the decease of his brother, Hon. Edward I. Chase, which took place at Lockport, in this State, in the Spring of 1862. Mr, Chase passed away without a moment’s warning, stricken down by the same fatal spoplexy which has just terminated the life of his emment brother. At the time of his death he was the United States Marshal for tne Northern district of New York, and was an efi- cient and able officer in the confidence of Presi- dent Lincoln, ef whom he was an especial favorite. Like the Chief Justice he was a lawyer, and intensely ambitious. Though not gifted with the legal and political astuteness of the Chief Justice, the resemblance was marked in al- most eyery Other particular. He was a large-boned, handsome man of imposing presence and dignified demeanor, and, had helived, there is but little doubt that he woula have been appointed toa place of much higher distinetien than the one he filled se well during the gloomy days of the first stages of secession, There was no premonition of his ap- proaching end. He simply left his offce and went. to his house to take his noonday nap—one from whibh he was never to. awake, i MR. CHASES LAST DAYS IN WASHINGTON. ai yt WASHINGTON, May 7, 1873, The news of the sudden and unexpected death of Chief Justice Chase, received here this noon, fell like a funeral pall over Washington—his home for the last twelve years, Up to the adjournment of the Supreme Court he retained his seat on the bench, and’though hig. voice was still weak and ‘Nis body emaciated, there was apparently pothing to indicate his sudden demise, When he léft here for New York on Saturday last it was for the pur- pose of remaining a few days at the residence of his daughter, Mrs, Hoyt, then proceeding to Bos- ton, and returning about the latter part of this month to proceed westward, stopping at Cincin- nati for a week and continuing his journey to Col- orado, where he expected to derive great benefit from the mountain climate in that Territory. JUDGE WORDEN ON HIS pat HOURS IN THE CAPI- TAL, From Judge R. 2. Worden, an old and intimate friend of the Chief Justice, and whe was with him constantly during his lart days in this city, your correspondent learned that on Friday, April 25, the Chief Justice received from. Dr. Brown Sequard a letter, containing a prescription. He was warned in the letter that the remedy pre- scribed would or might increase any great loose- ness of the bowels, arising from other causes, and directed, in the eveut ofsuch disorder, to “stop the use” of the medicine prescribed, and to resume it as soon as the bowels should become normal again. About the ist of May he wrote te the doctor, say- ing that on Sunday his bowels had become affected, and that that disorder had continued the next day. He added, ‘I have nearly recovered frem the disorder, but Iam still very weak. TIexpect to be at Mrs. Hoyt’s, No.4 West Thirty-third strect, on Saturday evening alter the arrival of the Wash- ington train, and shall be glad to see you.” THE CHIEF JUSTICE NERVOUS AND DEPRESSED. It was during the disorder mentioned in that anewer 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 indicatien in the letter as to the possible loosening operation of the medicine. Mr. Chase betrayed some uneasiness on remembering what his physician nad written, and that there might be no doubt about it the letter was referred to confirming all that had been said. After that his 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. But he was quite sick forever afterwards, and on the evening when he dictated a letter to his old friend, W. D. Gallagher, he seemed to feel his weakness very much, apologiz- ing for brevity and breaking off rather abruptly, and leaving me a little while after having dictated the words, pronounced with much emotion, “{ aM NOT WELL.” But the letters and opinions he dictated were, like his daily talks with me, indicative of un- diminished judging and discriminating power, and his memory seemed scarcely at all impaired, Cer- tainly as to long past events it was entirely unim- paired throughout. From the time when Mr. Wor- den became his daily companion and assistant his mind was cicar, but his corporeal condition one of fitful strength, succeeded by great weakness. He became more tender in manner, more considerate, more patient, more indulgent, less imperious; but there was nothing in his conversation that would have led one to suppose his end was so near. Of his own condition he seemed to know as much (and as little) as any one who saw him often and talked treely with bim conid discern. PERCEPTIBLE PHYSICAL 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 out just 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 which he had known in him in his best days. But, though they had many long, rapid walks, it was no- ticeable he had become less certain of step, ¢spe- cially in starting and stopping, than he had for- merly been, though he never was as sure. footed a8 most men, and no doubt his myopy always more or less aflected his whole facuity of locomotion. His old force of will was unimpaired, and he often verely up to the very last eyoniug we s r. It haa aaa aaa NEW YORK HERALD, THURSDAY, MAY 8, 1873—TRIPLE SHEET. Deen stated that it was under mr. Worden’s “personal supervision” that he had, when he left Washington forever, maae progress on a work about his life and times, 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 be completed; but he never saw aline of it, except the open letter addressed to him by Mr. Worden on his last birthday, in which letter the plan was indicated and the scope and spirit of the undertak- ing carefully foreshadowed. 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 eventful, when both were straggling for the abolition of slavery, The leave-taking was an event which 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- tUements and leave-takings with his servants, especially his Aunt Cassy Vandry, his housekeeper, whom he highly praised. On the way out, he talked freely, but with great care and discrimina- tion, about the differences between him and Mr. Sumner, whom he praised as learned and other- wise worthy of high admiration, but whose views, he explained, had often greatly differed irom his own. HIS FAREWELL TO WASHINGTON. On leaving Washington last Saturday morning he manifested the most tender friendship toward those who were assembled to bid him goodby. On Monduy tast Mr. Worden received a letter, writter by his own hand in pencil, in @ firm, clear chirog- Taphy, the best that has been seen of his pen work for some time, and the last he wrote, MR. CHASE’S LAST LETTER, It is as foilbwe:— New York, May 4, 1873. My Dear JupGr—Please excuse my pencilling; it is more convenient than ink. I had rather a cold and bleak ride yesterday, relieved by the comiorts of a compartment, winch I should call a box, but was rewarded at the end by seeing my children in fooe health, and some of my grandchildren, There nothing changed in hay personal condition. How do you feel now that I am gone, relieved from my sick ways and utterances, or, upon the whole, are you sorry to miss me? Remember me toDon and Mrs. Platt when you see them. T hope Mrs. Piatt has quite recovered from the effects of the shock and discomforts to which she was sub- jected by the fire. Tell Don that I was seep: ointed by his non-fulfilment of his promise to rs. Spragne to call on me to say goodby. Do you remember Dr. Brown Sequard’s note? Was it left among the letters of which you took charge? Please enclose it by return mail. I still propose going to Boston on Wednesday or Thursday, and particularly want the note, Faithfully your friena, S. P. CHASE, To Hon. R, B, WoRDEN, HIS LAST ACTS AND DECISIONS, ame, Oe eee WASHINGTON, May 7, 1873, Mr. Justice Field, who is still in the city, was deeply mqved 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 that 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 family and official relations there was no change. There were no tracés 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 health, and has seemed just as much interested in the ultimate settlement of the vexed questions of government which have arisen in consequence of the war, by the adjudications of the Court, as when in the vigor of lite. A MODEL OF JUDICIAL EXCELLENCE. Hts associates on the Bench unite in pronounec- 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 his 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 fer decision, and in @ series of opinions in thone-cases, maintaining that. (reo. ships made frée goods, he established the precedents of the future in this country, . THE CURRENCY QUESTIONS AFTER THE WAR. After the war came the currency questions, and his opinions in Lane vs. Oregon, Rhodes vs. Broh- 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 sustaining gold contracts, and the third asserting the unconstitutionality of the legal tenders, since reconsidered and reversed by the Court. Then came the question of the status of the States in the Union as affected by the war; andin 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 Thorington decided that con- tracts made in a currency forced upon a people by ade sacto government, in which they did their daily marketing and transacted all the affairs of life, must be sustained, and that to declare them vold because such currency was issued by rebels would be monstrous and absurd. HS VIEWS ON PRESIDENTIAL PARDONS, Later came the cases of Padelford 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 from the punishment prescribed for the offence, but that it obliterates, in legal contemplation, the offence itself; and the latter overthrow- mg the Drake amendment by declaring that the proclamation of pardon and amnesty issued by the 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 bound to give effect. A year ago last Winter 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 organizations 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 Jays at a time, and then for the purpose of attending to private affairs, and at @ 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, ag was widely published to hold Court, but more for recreation than anything else. He returned a week oF so before the adjournment, and was present at the final conferences and on tue last day of the term. AT THE 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, of course, not concern: ing questions of the greatest importance. These opinions were delivered by him one week ago to- morrow, and as they are his last efforts, and have considerable interest to the public, they are given in full as fellows :— HIS LAST DECISIONS, Frank R. Osborne, agent of the Southern Express Company, plaintiff fn error, vs. The Mayor, Alder- man and Common Council of Mobiie—In error to Supreme Court of the State of Alabama.—Mr. Chief Justice Chase delivered the opinion of the Court. The plaintiff in error was the agent, at Mobile, Alabama, of the Southern Express Company, in- corporated by the State of Georgia, and as such transacted @ general lorwarding and express business within and extending beyond the iimits of Alabama, An ordinance of the city of Mobile was then in force, requiring that every express company or railroad company doing business in that city, and having a business extending beyond the limits of the State, should pay an annual license of $600, which should be deemed a first grade license; that every express or railroad company doing business within the limits of the State should take out a license called second grade license and pay therefor $100, and that every such company doing business within the city should take out a third grade Ucense, paying therefor $50, Itsub _ jected any persun ur mcorporated company who should violate any its provisions to a fine not exceeding $50 for each day o1 such violation, On the 10th of February, 1849, the plaintif in error was fined by the Mayor of Mobile for violating that ordinance in conducting the business of his agency Without having paid the $500 and obtained the Heense required. He appealed to the Circuit Court of the State, which affirmed the judgment of the Mayor. He then appealed to the Supreme Court of Alabama, and that Court affirmed the judgment of the Circuit Court. A writ of error to the Su- preme Court of the State brings the case here, ‘The record presents the question whether the ordi- nance, in segeiring payment for a license to trans- act in Mobile a business extending beyond tie lnmits of the State o1 Alabama, was repugnant to the provisions of the constitution, vesting in the Congress of the United States the power ‘to regu- late commerce among the several States,” In several cases decided at this term we have had occasion to consider questions of State taxa- tion ag affected by this clause of the constitution, In that of the Philadelphia and Reading Raiiroad vs. Commonwealth of Pennsytvania—Wallace—we held that the State could not constitutionally im- pose and coliect 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 inter-State transportation, In another case tween the same parties—Wallace—we held that a tax upon the gross receipts for transportation by railroad and canal companies, chartered by the State, is not obnoxions to the objection of repug- naney to the constitutional provision, The tax on tonnage was held to be unconstitutional because it was m effect a restriction pee 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 im the nature a ceeee ee cane tax and atarabic: of boing wurden upon the property carrie Jrem one State to mpiaeres rks ‘The dimiculty of drawing the line between consti- tutional and unconstitutional taxation by the State was, acknewledged and has always been acknowl- + uy this Court; but that there is such a line is ; and the Court can best discharge its duty by avvermining in each case on which side the tax complained of is. Ti is as important to leave the rightful powers of the State im respect to taxation unimpaired as to maintain the powers of the federal govern- ment in their integrity. In the second of the cases recently decided ihe whole Court agreed that a tax on business carried on within the State, and without discrimination between its citizens and the citizens of other States, might be constitution- ally lunpo 1d and collected, le Case now before us seems to come 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 Alabama between it and the corporations and citizens of that Staie. The tax for license was the same by whomsoever the business was trans- acted. There is nothing in the case, therelore, which brings it within the case of Ward vs. Mary- land (12 Wallace, 423). It seems rather to be gov- erned by the sate settled in Woodruff vs, Parham (8 Wallace, 123), Indeed, no objection to the license tax was taken at the Bar upon the ground of discrimation; its vaiidity was assailed lor the reason that it imposed a burden upon inter- State commerce, and was, therefore, repugnant to the clause of the constitution which confers upon Congress the power to regulate commerce among the several'States. It is to be observed that Con- gress hag hever undertaken to exercise this power in any m: er inconsistent with the municipal or- dinance under consideration, and there are several cases in which the Court has asserted the rignt of the State to legisiate, in the absence of legislation by, ConeTeae upon subjects over which the constt- clothed that body with legislative au- License Cases,” 6 Howard, 504; Wilson rd Creek Marsh Company, 2 Pet., 245; Cooley vg. Board of Wardens, 12 Howard, 315.) But it 16 not necessary to resort to the prin- ciples maintained in these cases for the decision of the case how before us. It comes directly within the ruleg iaid down in the case relating to the tax upon the gross reccipts of ratiroads. In that case we said, “it is not everything that affects com- merce that amounts to & regulation of it within the Meaning of the constitution.” We adinitied that ‘‘the ultimate effect” of the tax on the gross receipts might be ‘‘to increase the cost of transpor- tation,” but we held that the right to tax gross re- cepts, though derived in part from inter-State transportation, was within the general authority of the States to tax persons, property, business or occupations within their limits, ‘The 1i- cense tax in the present case was upen a business carried on within the city of Mobile. The business licensed included transportation beyond the limits of the State, or rather the makin; contracts within the State for such transporta:ion beyond it. 1t was with reference to this leature of the basiness that the tax was, in part. imposed ; but it was no more a tax upon inter-State com- Mmerce'than a general taxon drayage would be, becatise the licensed drayman might sometimes be rb in hauling Sone to vessels to be trans- ported beyond the limits of the State. We think it would be going too far so to narrow the limits of es taxation. The judgment of the Supreme urt of Alabama is, therefore, affirmed. ANOTHER IMPORTANT INSURANCE DECISION. Delite P. Ripley, Administratrix, and James Sutherland. Administrator, of the Estate of Willis a. Deveased, Piaintifsin Error vs. the Ratl- ray iengers’ Assurance Company, of Hartford, —In error to the Circuit Court of the United for the Western District of Michigan.—Mr. Chiet Justice Chase delivered the opmion of the “The suit below was originally brought in the Cir- cuit Court jor #ent con A by th ‘he d against ret 8 | lent: ates _Jt was removed into tho upon the appli- been brought here The rd death, within sixty days acciden irom injuries and accidental means, caused by an acciden! yelling by public or tea States or Dot oy. 1s ler when he received the ling by public or private con- was travelling is eno! but was travelling on Re travelling b] private conve, the construct warrants. parties, or, ee have ri ie used’ It seems us that walking fwo naturally be presented to the mind as a means of public or private conveyance, Public conveyance then eupral iA aoe ct vehicle ag CH ne pose 8. va conveyance ests & vehicle Tetongiig tow o mane whic! @ contrast mi vate individ If this was th the langu was understood by parties the deceased Was not, when red, travelling within the terms of the policy. re is nothing to show that it was not. e judgment of the Circuit Court is therefore affirmed, HIS LAST UTTERANCES, The Chief Justice always read his opinions, and on Thursday, 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 eeparated, after much leave taking, the Chief dustice being congratulated on his condition, and apparently feeling cheerful and hopeful as to his health, ON THE BENCH 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 the 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, but 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 vocilerating was unnecessary, HIS HINTS TO A SHOWY COUNSEL. On one occasion a gentieman from Maryland, clad in garments of a variety of colors, was, by desire of the Chief Justice, requested to appear in plainer 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 who are interested in maintaining ite dignity, CALEB CUSHINGS ESTIMATE OF THE DE. CEASED. nineties WASHINGTON, May 7, 1873. Mr. Cushing, whose long knowledge of Mr. Chase in public life gives weight to his opinion in this re- spect, sald 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 beem expected at any time it came now as a painful surprise. In losing him we lose one of the most eminent men of our country. His high rank ag @ lawyer, ms legislative experience in the Senateof the United States, his administrative experience as Governor of Ohio and Secretary of the ‘Treasury of the United States, his high intellectual qualitica and accomplished education rendered him particu- larly fit for the office of Chief Justice, which he filled with great dignity, and had the respect and confidence of the Bar, Although his failing health had been apparent m his wasted frame, and especially in the enfeeblement of his voice, there hes been no trace of infirmity in his judicial opinions, which have been conceived and written with superior merited vigor and elegance of lan- guage, and have becn in all respects worthy of his elevated position as head of the Supreme Court of the United States, SUCCESSION RUMORS ON THE CHIEF JUS- TICESHIP, —_+—____ WASHINGTON, May 7, 1873, There is already much speculation here touching the question of the Chief Justiceship, and the names of Attorney General Williams, William M, Evarta, Senator Edmunds and Justices Miller, Swayne and Bradley are mentioned as probable Bnecessors. But there is nothing to show that the claims of either of these genvlemen are seriously Tegarded in authoritative quarters, nor is it be- lieved by many that any Assoctate Justice will be appointed, because sach a thing has uever occurred bus once, and then did not result in succession. The dificuity in the way of appointing one of the Associate Justices to the position ts that, if such Promotion be made at aH, tt should be by right of seniority, and as the Justice entitled by that right Might not be acceptable to the President, person- ally or politicatly, such @ course could not be con- sistently adopted; 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 of the country before the Court. AN ASSOCIATE JUDGE SUCCEEDS JAY IN 1795. The only instance om record of an Associate Jus- tice having been elevated to the position of Chief Justice is that of William Cushing, of Massachu- setts, Who was appointed by Washington in 1795, during the absence of Justice Jay in Eu- rope in 1794-5, negotiating the treaty which bears his name. Mr. Justice Cushing, as Senfor Associate, presided, and after the rejection by the Senate of Rutledge he was appointed and unani- mously confirmed, HOW WASHINGTON NOMINATED A CHIEF JUSTICE. A circumstance attending the appointment is worth relating. On the day of the confirmation a large dinner party was given by the President, and Justice Cushing was one of the guests. On enter- ing the dining room Washington directed his eye 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 the announcement than the Judge himsel!, who had heard nothing of the nomination until that moment. He was much affected by the 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 the President, Washing- ton could not dissuade him from the step, It can- not, therefore, be said, stricti furis, that he ever held the position, nor consequentiy that as a matter Of fact, an Associate Justice was ever promoted to the Chief Justiceship. SORROW IN THE JUDICIAL DEPARTMENTS. At the oMice of the Clerk of the Court there is Great sorrow at the death of the Chief Justice, as he is-the source of authority to that ofMice issuing from the Court, and his course has been such as to endear his 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 1s 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 the intelligence. The departments are all profoundly impressed by the painful occurrence, and there is general mourning among all classes in the city. OMIO’S CLAIM TO HIS ASHES. It 1s not known where or when the faneral will take place or where he will be buried, but it ta thought by those who speak on the subject that his Temaina will be committed to the soil of Ohio, his adopted State, and which he 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 is now entitled to claim the custody of his ashes and the distinction of his sepulchre. GENERAL REPORT FROM WASHINGTON. WASHINGTON, May 7, 1873. The Attorney General was advised early in the day of the serious illness of the Chief Justice, and in a brief space of time afterwards of the death of Mr. Chase. Secretary Richardson was also early advised of the deavh of the Chief Justice, and the sad intelli- gence was spread throughout the Treasury Depart. ment very rapidly, creating sincere expreasions of sorrow among the clerks and employ¢s, many of whom were old and intimate oficial associates of the deceased, several of the more prominent om- clalsin the different bureaus having been appointed during his administration of the office of Secre- tary ofthe Treasury. THE PUBLIC DEPARTMENTS TO BE CLOSED. The public departments here will be closed and draped in mourning in respect to the memory of ‘Mr. Chase, RRSPEOT FOR M13 MEMORY IN THE DISTRIO? COURTS. The Supreme Court of this District received news of the death of Chief Justice Chase about noon to- day, and Chief Justice Vartter announced that the Court would take a recess, and in the meantime ‘would ascertain the correctness of tne report. The recess was accordingly taken, and, on reassem- bling, Chief Justice Cartter said the sad tidings had been confirmed, and the Court would adjourn in respect to the memory of the deceased. PROBABLE CABINBT ACTION. There will be, it is thought by officers of the Cabt- net now in Washington, a meeting of the Cabinet immediately upon the return of the President to Washington, at which appropriate action will be taken regarding the death of the distinguished jurist and statesman. MR. CHASE AT A BREAKFAST PARTY, On the occasion of his departure from the city on Saturday morning last a little breakfast party was assembled at the Sprague mansion, corner of Sixth and E streets (where the Chief Justice has re- sided fora year past), consisting of Judge Chase, Judge Worden, his private secretary and biog- rapher, Miss Walker, a sister of Judge Walker, of Ohio, Miss Carrie Moulton and Miss Amy Auld, a niece of the Chief Justice, Mrs. Sprague had left Washington two days before and was not present, nor was Senator Sprague, who left for the East soon atter the adjournment of Congress, The breakfast passed off pleasantly, although it was noticed that the Chief Justice was not in his usual spirits, His leave- taking of everybody was unusually affectionate, which was remarked by all present. HIS EVENING VISITS LAST WINTER. During the past Winter he attended several even- ing parties, among them those of Secretary Fish and the British and Japanese Ministers, and also Mr. King’s literary reunions, in company with his daughter, Mrs. Sprague. He appeared to be cheer- ful, and conversed with his usual freedom, but it was apparent that his constitution had received a shock from which he never could recover. THE JUDGE'S IMPRESSION OF HIS DISEASE. The Uhief Justice has been for @ long time under the impression that his disease was the result of a fever and ague contracted several years 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 any protracted mental labor, cf '3 THE NEWS AT ALBANY. ——- Governor Dix’s Message—Roth Housed Adjourn Out of Respect to the Memory of the Late Chief Justice. ALBANY, May 7, 1873, The Governor sent the following message to boty houses this evening in relation to the death of Chief Justice Chase :— STATE OF NEw York, EXECUTIVE ae} 1 f ALBANY, May 7, 1873. To THE LEGISLATURE :— Tt is my paimful duty to announce to you the death of the Hon. Salmon P. Chase, Chief Justica of the United States, in the city of New York, to~ day. Imake the communication with the assur~ ance that it will be the wish of the two houses to unite in such expression of respect as they may deem due-to his eminence as a statesman and & jurist, the distinguished place which he filled im the government, the purity of his life and hig patriotic services to the country, JOHN A. DLX, ACTION OF THE LEGISLATURE, On motion of Senator Palmer, in the Senate, a special committee of three was appointed to drait resolutions commemorative of the memory of tha deceased, and to take appropriate action as to hia death. Senators Palmer, James Wood and Murphy were ap ainted as the committee. In the House, after the message was read, Mr. Jacobs made similar motion to that of Senator Palmer's, and @ special committee of five to draft resolutions, &c., was appointed, as follows:—-Messrs. Jacobs, Ved<« der, Herring, Van Cott and Maguire. The twa houses then adjourned out of respect to the memory of the deceased statesman, EFFECT OF THE NEWS IN THE SOUTH. - ninth ; RicuMonp, Va., May 7, 1873. The announcement of the death of Chief Justice Chase caused great surprise in this city, and wad read with feelings of the most profound regret. He was universally esteemed, and the remark thas “a great man and friend of the South has fallen’? is general. Great anxiety is felt in regard to hid suecessor, a8 much of the future happiness of this section, it ts felt, depends upon the man whom the President may select to fill nis place, Senator Conkling is ‘eared, but Mr, Evarts, Mr, Washburne or Charles Francis Adams would b@ acceptable. A meeting of the Bar has been called for to-mor- row morning to adopt resolutions expressive of the sorrow of the fraternity at the great loss tha conntry has experienced in the sudden death of this eminent jurist and statesman, All the morning papers will contain elab« orate eulogies of the deceased. Judge Chase was 80 recently in this city as the guest of General Bradley T. Johnson, who id preparing reports of his decisions for publicationy and mixed go freely with the peopte, that the blow, from that very fact, shakes them with the more force aud suddenness. In a despatch to the HERALD at that time, hid latest political views in relation to the issues of the future were given, as taken from his own lipa during a brief interview with Governor Walker. THE ANNOUNCEMENT Oni0. Hy oo ‘ Crcrnnatt, Ohio, May 7, 1973, * Samuel F. Covington, President of the Chamber of Commerce, announced the death of Chief Justice Chase to-day on ’Change, and alluded to his dis- tinguishec services and the intimate relations he has held with the city. A committee on resolutions of respect to the memory of the Chief Justice waa appointed, consisting of five old members of the Chamber. SKETCH OF THE LATE CHIEF JUSTICE. + —__ The subject of this sketch was born in Cornish, N. H., January 13, 1808, He was taken at the age of seven years to the town of Keene, which hie father had selected as nis future place of residence. After attending the village school here for twa years the boy waa obliged to ‘go West,” on ac count of the death of his father. His departure from Keene was delayed, however, until he wag sent for by his uncle, Philander Chase, who was consecrated Episcopal Bishop of Ohio in the year 1819. Young Salmon’s education was placed in good, hands from the time he arrived at Worthington, Ohio, for his uncle, a very learned and eminent dis vine, took an especial interest m him and guided his steps through the tortuous mazes of the classics unt he emerged a8 @ Freshman at Cincinnati College about the \ time that his Episcopal tutor and kinsman was ap- pointed President of that institution. We next find him in the Sophomore class, victor in nu: meroas collegiate ‘‘mills’’ in the arena of classica’ lore, and although 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 ta his mother’s home in New Hampshire after his 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 leav'ng college Mr. Chase betook himself to the naticaal capital, and in the Winter of 1827 he opened @ classical scheol for boys, Suc cess at once crowned his efforts. The sons of Wilk liam Wirt, Henry Clay and other distinguished statesmen were numbered among his pupils. Dur« ing the two years he was in charge of this school he studied law, with unremitting zeal and industry, under Mr. Niel. and in 1820 he was admitted ta 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 of Despond” of poverty, toll and drudgery he manfully worked his way into a position of eminence in his profes- sion. An edition of the statutes of Ohio, with an introductory sketch of the history of that State, brought him into high popularity. In 1834 he waa appointed Solicitor of the Bank of the United States in Cincinnati, and local corporations gladly availed themselves of his legal lore, extensive practice and sound judgment. HIS FIRST UTTERANCES AGAINST SLAVERY. In 1837 Mr. Chase first gave his views in publié on the question of slavery. A colored woman in Cincinnati was claimed as a fugitive slave, and Mr Chase acted as ber counsel. He denied the author ity of Congress to confer any power on State magia trates in fugitive slave cases, and the position taken by him was afterwards sustained by the United States Supreme Court, The argument ack vanced by him was exhaustive and brilliant tn ity sound logic and perspicuity. Another case of same kind came up durt u game year, in which Mr. James G. ey was cuted before the Supreme jourt of Ohid for harboring a fugitive ive. Mr. Chi im defence of the accused, asserted the aoctrind that slavery is local, and that it cannot be recog. nized in any shape or form ina free State like el He became the iegal champion against the rights slave owners to reciaim their human ‘one when found within the confines of his te. 1846 he was associated with the late William HJ Seward as defendant’s counsel in the Case of V: Zandt before the United States Supreme in the same year he was en for tl in the case of Diskell vs. Parish, before the Cir« cuit Court at Columbus. Few lights of the al rote ssion shed more lustre on it than did Chase in his splendid efforts against the nationalid zation of slavery. COMMENCEMENT OT HIS POLITICAL CARRER, Up te the year 1341 Mr. Chase took no prominen’ part in politics. Me voted in Most cases the whi ticket, as he thought the ‘was not as com pletely wedded to slavery as their be rae thi democrats, but occasionally he was found on th side of the latter. The tone of the inat addre: of General Harrison in 1840, whom supporte: during the preceding campaign, and the course of the Tyler Administration, convinced Mr. Chas@ pe oa hing coud be expected nay: A slavehold« ng and pro-slavery-wi ty. the follow< ing year, therefore, Tedenehe call for the conven- tion of the opponents of slavery and slavery exten« sion, which took place in September at Columbus, Here the Liberty party of Otuo was organized, @ ubernatorial candidate nominat and an ad« dress, the handiwork of Mr. Rac issued to tl people. It was the earliest exposition of a poltt organization inst slavery. In 1843 we Mr. Chase a8 one of the most active members of tha National Liberty Convention assembled at Buifalag In the same year we find him as author of the faq mous address to the Loyal Ni ® ciation of Ireland, in reply to a Di O'Connell, from ds yang aegvgrds he rz Man Of a Co; ittée af A brand uthern and Weste Convention held at Cincinnati, and in 1847 h attended the second National Liberty Conventior A year afterwards he pre & call for a Fre: Territory Convention, which was held at Columbu: and which led to @ national assembly at Builal CONTINUED ON TENTH PAGE,” /