lowed by few officials from the states that seceded,
but the steadfastness of their faith was a striking illustration of the
difference between the South of Jefferson and Jackson and the South of
Calhoun and Davis. They sat on the Bench throughout the entire civil
struggle,--Judge Catron dying in May, 1865, in the eighty-seventh year
of his age, and Judge Wayne in July, 1867, in his seventy-eighth year.
The conduct of these venerable judges is all the more to be praised
because they did not personally sympathize in any degree with the
Republican leaders. They did not believe in the creed or the policies
of the party, and feared the result of its administration of the
National Government. Their views in regard to the Constitutional
rights of the slave-holders were the same as those held by the
Confederate chieftains. They had both concurred with Chief Justice
Taney in the Dred Scott decision. But it was enough for them now to
know that Mr. Lincoln had been Constitutionally chosen President of the
United States, and had been Constitutionally installed in his great
office. It was not for them as Justices of the Supreme Court to know
any thing of his Executive acts, except as they might properly come
for review before their high tribunal. They illustrated the honorable
line of duty for a Judge under the Government of the United States.
Off the Bench, his right to political opinions is no more to be
questioned than that of any other citizen. On the Bench, he falls
short of the full measure of his exalted duty if by any way or any
expression he discloses his sympathy with one political party or his
prejudice against another.
It is a tribute of honor to the Supreme Court that through all the
mutations of its existence only a single Justice has proved unfaithful
to the Union of the States; and prior to the war three-fifths of all
the Justices were appointed from the South. Southern men in all other
departments of the Public Service--those eminent in our Congressional
annals, in the Army, in the Navy, in the field of Diplomacy, and even
one who had occupied the Presidential chair--followed the lead of their
States in rebellion against the Union; or rather it may with truth be
said, they led their States into rebellion against the Union. Judge
Campbell, in furnishing the sole exception to the record of judicial
loyalty, did not yield without a struggle. He was surrounded with
peculiar embarrassments, and was not str
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