Letter Of Judge Black To Mr. Stoughton: Reply To Stoughton's Defence(?) Of The Great Fraud...
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Letter Of Judge Black To Mr. Stoughton: Reply To Stoughton's Defence(?) Of The Great Fraud
Jeremiah Sullivan Black, Edwin Wallace Stoughton
Allison, 1877
Elections; Presidents
Essays and Speeches of Jeremiah S. Black: With a Biographical Sketch
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(This book was originally published prior to 1923, and rep...)
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Reports of Cases Argued and Determined in the Supreme Court of the United States, at December Term 1862, Vol. 2 (Classic Reprint)
(Excerpt from Reports of Cases Argued and Determined in th...)
Excerpt from Reports of Cases Argued and Determined in the Supreme Court of the United States, at December Term 1862, Vol. 2
Tn defects of this volume should explain themselves. While it is considerably larger than the last one, it contains a less number of cases, and mo st of them are reported with the utmost brevity. This could not be helped. Castillero vs. United States, occupies a large part of the book, though compressed within limits as narrow as common fairness would permit. Justice to the majority of the Court required a statement of the facts with the documentary evidence on which the decree was founded, and a short abridgement of the points made for the United States. This being done, it was due to the dissenting Judges and the counsel for the claimants that the arguments on the other side should be given with about equal fulness.
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Observations On Senator Douglas's Views of Popular Sovereignty, As Expressed in Harpers' Magazine, for September, 1859
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Jeremiah Sullivan Black was an American lawyer and politician. He served as a justice on the Supreme Court of Pennsylvania from 1851 to 1857.
Background
Jeremiah Black was born on January 10, 1810, near Stony Creek, Pennsylvania, United States, the son of Henry and Mary (Sullivan) Black. He grew up in this pioneer agricultural community a quick-witted, homely, nervous boy. As his appearance made him a tempting object of ridicule, he early learned the utility of hardhitting and tongue-lashing and gained skill in the art of self-defense; controversy became second nature.
Education
Jeremiah went to various schools irregularly kept in the locality at Stoystown, Berlin, and Somerset, and "finished" at the academy in Bridgeport, Pennsylvania. But much of his preparation came from his own enterprise; his restlessness ever required something for his mind to feed upon. He had imagination and a feeling for rhythm; Horace, the Bible, and Shakespeare he read with a retentive memory, and throughout the remainder of his life he could startle or thrill with a variety of apt quotations. His inclination was toward medicine, but his father had other plans and at seventeen sent him to Somerset to study in the office of Chauncey Forward, leader of the bar and prominent politician. Black's law apprenticeship had all the advantages arising from the patronage of a prominent man. Forward pushed him, and within three years he was admitted to the bar, December 3, 1830.
Career
Black was appointed deputy attorney-general for the county and in this manner found himself on one side or the other of nearly every case before the county court. It was a responsibility which weighed heavily upon Black because self-confidence came slowly and with difficulty, but in the constant matching of wits with the elder lawyers he learned to use effectively his mental agility and telling speech. Politics was of course inevitable to most lawyers in those days, and in the exciting 'thirties he marched with his teacher in the Jacksonian ranks. In 1842 Gov. Porter solved a patronage tangle by using Black as a compromise appointee and placing him upon the bench as president judge of the court of common pleas for the sixteenth judicial district. After nine years' experience he was elected to the supreme bench
Black had been an active supporter of Buchanan for twenty years and in 1857 the latter appointed him attorney-general at the last moment as a compromise between Pennsylvania factions. So at forty-seven, Black went to Washington to begin his national career. Thus equipped, Black started on a very trying four years. His most important problem was connected with California land titles. The policy of Congress in forcing everyone to prove his title in that region had caused innumerable suits. As many of the actions involved government titles and depended upon the widely dispersed Spanish archives, Black sent Edwin M. Stanton to California to collect the records and investigate. With local aid the latter uncovered a system of fraud which when presented to the Supreme Court caused it to reverse many decisions sent up from the district court. Black considered this the great achievement of his régime; H. H. Bancroft after his investigations is not so confident. The other important legal problem which confronted the attorney-general was that of enforcing federal laws locally unpopular. There were three classes of cases of this type, dealing with the slave trade, filibustering expeditions, and return of fugitive slaves. In directing these, Black sought to enforce the law both in the North and the South but without much success, for though to him law was law, this fact was not so potent among the laity.
An incomplete picture of his life in Washington would be presented, however, if consideration were given only to his legal duties. As a member of Buchanan's cabinet Black had to be politician and minister as well as lawyer. As politician he must aid Buchanan in keeping the Democratic party solid. As cabinet minister, Black did his share in shaping the administration's Kansas policy, upholding the Lecompton Constitution as legally adopted, in the vain hope that statehood would bring to an end the turmoil. On December 17, 1860, Black was commissioned for secretary of state. His brief tenure of this office witnessed little of note in our foreign relations, an abortive negotiation with Great Britain over the northwest boundary being the only action attempted; but the domestic difficulties were a continuous nightmare. How to maintain the authority of the federal government and yet not take any steps that would cause secession; this was the difficult problem which Buchanan and his advisers faced.
Almost the day Black entered the State Department, South Carolina seceded and immediately attempted to negotiate for the control of federal property within state limits. Buchanan refused to recognize South Carolina's pretensions, but in the course of correspondence with her commissioners the President made some statements which Black thought insufficiently explicit in denying South Carolina's contentions. He threatened to resign; Buchanan, however, accepted some of his suggestions and at length when the tone of the commissioners became too overbearing broke off correspondence with them and sent the Star of the West with supplies to aid Major Anderson in Charleston Harbor. Black was somewhat relieved at this outcome, but when the Star of the West was forced to return his hopes failed. He did what he could to urge further reinforcements and the mobilization of troops to protect Washington, but Buchanan was pinning his hopes upon the Peace Convention.
With this disappointment came another: the Senate refused to confirm Black's appointment to the Supreme Court made by Buchanan Febuary 5, 1861; Republicans, Douglas Democrats, and the Southern sympathizers were all hostile to Black. On February 28, the Secretary sent a circular letter to our foreign ministers urging them to do what they could to prevent any recognition of the Confederacy by foreign powers and upon March 4 he retired. In the weeks and months following Lincoln's inauguration Black reached the lowest point of his career. He was not in good health; several times during his service in the cabinet he had been forced to leave his duties to conserve his strength. He had lost his savings, entrusted to a relative for investment. He was, besides, a member of a defeated and discredited party and the impending conflict was paralyzing normal business activity; there seemed nothing in the future. Black suffered as only a temperamental person can. He retired to York, Pennsylvania, in which vicinity he was to live the remainder of his days, and there his material fortunes began to mend.
Black was appointed United States Supreme Court reporter in December 1861 and prepared Black's Reports, vols. I and II. But his greatest good fortune was his knowledge of the California land cases. There was to be litigation for the next decade and his expert services proved generally successful to the side retaining them; hence enormous fees came his way and even his carelessness could not return him to poverty. During the war he was a sharp opponent of the administration's "unconstitutional" program of disregarding civil rights and confiscating Southern property. He continued his protest against secession, however, and paid lip service at least to the successful prosecution of the war. He supported McClellan in 1864 and undertook an unofficial mission to see Jacob Thompson in Canada on behalf of peace, a commission which Stanton afterwards repudiated. The close of the war found him deep in the Milligan and McCardle cases which gave him free rein for powerful forensic condemnations of the war despotism. He aided and advised Andrew Johnson in his constitutional law and was to be one of his counsel before the impeachment court but withdrew in a fit of pique because Johnson would not overrule Seward for one of his clients.
During this period, in 1869, Black met with a serious acident which deprived him of the use of his right arm. Nothing daunted, he learned to use his left. Fame was his, pleasant surroundings, fortune; he had reached about as high a plane of freedom as one can attain; oblivious of any unconquerable situation, he lived a curiously egocentric, mentally active life that made him a renowned "character, " the hero of many a comic anecdote, and a great controversialist. He defended Christianity, he defended Buchanan, he defended Tilden before the Electoral Commission, he participated in magazine-article wars, he championed unpopular causes, he helped revise the Pennsylvania constitution of 1873 where his chief activity was directed toward controlling and regulating railroads and corporations. He reveled in righteousness and expression. So his life increased in its satisfactions and its independence until he died in August 1883, his great mental energy unflagging to the end.
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Politics
Black was a member of the Democratic party.
Personality
Black was tall, rather slouching, and loose-jointed, given to quick and erratic movements. His clothes and his wig never seemed to fit, but his keen gray eyes and infectious laugh made him singularly attractive in some moods. He was temperamental and proverbially absent-minded; he could lose himself in a task completely and become perfectly oblivious of surroundings. His ability to love and hate was marked, and his usually sound judgment could be much distorted by his emotions; stubbornness in holding to his opinion was not the least apparent of his numerous decided characteristics.
Connections
Black married Mary Forward in 1836. They had four children.