ALLOTMENT, ETC., OF THE JUDGES OF THE SUPREME COURT OF THE UNITED STATES, AS MADE APRIL 4, 1870, UNDER THE ACTS OF CONGRESS OF JULY 23, 1866, and MARCH 2, 1867. NAME OF THE JUDGE, AND STATE NUMBER AND TERRITORY OF THE DATE AND AUTHOR OF THE JUDGE'S WHENCE COMING. CIRCUIT. COMMISSION. AND CONNECTICUT. HON. SAML. NELSON, NEW YORK, VERMONT, THIRD. PENNSYLVANIA, NEW JER- 1864. December 6th. PRESIDENT LINCOLN. 1845. February 14th. PRESIDENT TYLER. 1870. February 18th. PRESIDENT GRANT New York. HON. WM. STRONG, HON. N. CLIFFORD, HON. J. P. BRADLEY, GEORGIA, FLORIDA, ALA New Jersey. BAMA, MISSISSIPPI, LOU- SIXTH. 1870. March 21st. PRESIDENT GRANT 1862. January 24th. PRESIDENT LINCOLN. 1862. July 16th. PRESIDENT LINCOLN. 1862. December 8th. PRESIDENT LINCOLN. 1863. March 10th. PRESIDENT LINCOLN. MEMORANDA. THE CHIEF JUSTICE did not hear the cases prior to page 163; they having been argued in the spring of 1871, and before his recovery from his late indisposition. Mr. Justice NELSON heard no cases in this volume but the Legai Tender cases. (▼) DEATH OF THE HON. THOMAS EWING. ALTHOUGH it is not a usual matter for this court to notice in its proceedings the death of members of the bar-the venerable years of Mr. EWING, his eminence as a lawyer, the long term, ending only with his life, in which he was constantly engaged at this bar, and the reputation which he had throughout the country, both in professional and public life, seem to have caused a departure from the practice in his case. Mr. Ewing was born in Ohio County, Virginia, December 28th, 1789. His father, who had served in the American army during the Revolution, and had become reduced in circumstances, removed his family in 1792 to the Muskingum River, and thence to a place in what has since become Athens County, Ohio. He was here taught to read, by an elder sister, and by extraordinary efforts of his own acquired a fair elementary edu. cation. At the age of nineteen he left home, and worked in the Kanawha salt establishments, until, in the course of two or three years, he had saved money enough to enter the Ohio University, at Athens. His money being exhausted, he returned to his salt works, saved his earnings again, then resumed his studies, and in 1815 received the first degree of A.B. ever granted by the Ohio University. He studied law in Lancaster, Ohio, and was admitted to the bar in 1816, and practiced with great success in the State courts and in this court. In March, 1831, he took his seat in the Senate of the United States as a member of the Whig party, and became associated with Mr. Webster and Mr. Clay in resisting what were deemed the encroachments of the executive, and in support of the Whig measures generally. In March, 1837, his term of office having expired, he resumed the practice of the law. Upon the election of President Harrison, in 1841, he was appointed Secretary of the Treasury; an office which he retained under Mr. Tyler (who by President Harrison's death, in one month after his inauguration, succeeded to his office), so long as Mr. Tyler acted in accordance with the views of the party by whose electors he was elected. With most of the other members of President Tyler's Cabinet, he resigned office in September, 1841. On the election of President Taylor in 1849 he was appointed Secretary of the then recently-created Department of the Interior, which was still unorganized. On the death of that President, July 9th, 1850, and the accession of Mr. Fillmore, a division in the Whig party caused a change in the Cabinet. Mr. Corwin became Secretary of the Treasury and Mr. Ewing was appointed by the Governor of Ohio to fill the unexpired term of Mr. Corwin in the Senate. In 1851 he retired very much from public life-in which he was engaged, taking it all together, for about nine years and resumed the practice of the law. However, in 1861, when the Rebellion was imminent, he became a member of the assemblage known as the Peace Conference. This Conference was invited by the State of Virginia. The members of Ohio were appointed by the governor of that State. The Conference sat twenty-three days. But conciliations were impossible. The South was determined on rebellion, and the war came. Mr. Ewing died on the 26th of October, 1871, at his residence, in Lancaster, Ohio, in the eighty-second year of his age. His abilities were known to those of the departed or departing generation perhaps more than to those of the present one, although he continued to practice in this court until within a short time; the last case which he argued having been, I think, Maguire v. Tyler, at December Terin, 1869,* which, on account of his venerable years and imperfect strength, he was graciously requested by the court to argue sitting. Among the most elaborate of his written professional arguments are those in the case of Oliver v. Pratt et al., involving the title of a large part of Toledo, Ohio; the case of the Methodist Church division; the McIntire PoorSchool v. Zanesville, and the McMicken Will case, involving large bequests for education. By those who did not personally know Mr. Ewing, nor remember him in earlier life, the remarks of the Hon. Henry Stanbery, of the same State with Mr. Ewing, made on the occasion of his death, and than whom all will concede no one is more competent, by words to say, or by example better illustrates, what an honored and able and finished lawyer is, will be read with interest: "I first knew Mr. EWING in May, 1824, then in his thirty-fifth year, a man marked with a grand physical organization, such as is rarely seen united to such mental powers as he possessed. Age had not yet impressed * 8 Wallace, 651. |