|
Thursday, July 07, 2005
COLUMN: Jim Brunelle
Copyright © 2005 Blethen Maine Newspapers Inc. | ||||
 |
||||
President Bush is right to caution all sides to "tone down the heated rhetoric" and put off a verdict on his yet-to-be-designated choice. Historically, Maine can claim only two Supreme Court justices. One was born and raised here but moved to a different part of the country before being named to the court. The other was born elsewhere but called Maine home most of his life. Both were standout members of the court but for different reasons. Nathan Clifford, a native of New Hampshire, moved here in his 20s, establishing a law practice in Newfield. He served four years in the Maine House of Representatives (two as speaker), four years as the state's attorney general and four as a congressman. He also served briefly as U.S. attorney general and Mexican envoy before opening a law office in Portland. President James Buchanan appointed Clifford to the Supreme Court in 1858. As a pro-slavery Democrat, he ran into considerable resistance in the Senate but was eventually confirmed by three votes. In 22 years on the court, he never really developed a clear constitutional philosophy, although he made sharp distinctions between state and federal authority in writing nearly 400 majority opinions. His biggest moment came in the aftermath of the disputed presidential balloting of 1876 when he was appointed chairman of a special commission to settle the election. Democrat Samuel J. Tilden had defeated Republican Rutherford B. Hayes in both the popular vote and the electoral vote that year. Although he seemingly held a 19-point lead in the Electoral College, 20 electoral votes were thrown into dispute when close balloting in Florida, Louisiana and South Carolina each produced two sets of certified election returns. When the dust settled, Hayes was named president by a single vote. Clifford, who had supported Tilden, was so infuriated he refused to step inside the White House as long as Hayes remained president. In fact, Hayes served only a single four-year term. Clifford died from the effects of a stroke the year Hayes left office. Maine's other Supreme Court justice, Melville W. Fuller, was born in Augusta, educated at Bowdoin College and was clearly headed for a promising law career in Maine when he suddenly pulled up roots and moved to Chicago. There he became active in the Democratic Party, managing one of Stephen A. Douglas' bids for political office and becoming a sharp critic of the Lincoln administration. Among other things, Fuller denounced the Emancipation Proclamation as unconstitutional. His longtime friend, Grover Cleveland, tried unsuccessfully to get Fuller to serve in various capacities in his administration. But in 1888, when a vacancy for chief justice opened up, the president would not take no for an answer. Like Clifford, he would serve 22 years on the court. Despite a reputation for favoring big business that would dog him to the end of his career and beyond, he viewed himself as a strict constructionist, defender of economic liberty and a conciliator. He produced 840 majority opinions, a remarkably high number, most of them dealing with dull procedural matters, interstate commerce and jurisdictional disputes. His principal talent was as court administrator. He fostered an atmosphere of collegial civility, assigned the more glamorous cases to others and required all justices to begin each day's session by shaking hands all around, a congenial practice that continues to this day. The court rarely divided along partisan lines during his tenure. With dignified good looks, long white hair and a full mustache, he was something of a Mark Twain look-alike. Twain is said to have been stopped on the street once by someone seeking the chief justice's autograph. The humorist obliged by writing, "It is delicious to be full, but it is heavenly to be Fuller." Like Clifford, he remained a member of the court until his death in 1910. Although Maine can claim only two justices, the combined length of their service means that in the 215-year history of the court this state has been represented fully one-fifth of the time. Both Clifford and Fuller were controversial appointees, criticized for their political views and both suffered long delays in the confirmation process. But neither had to undergo what today's potential nominees do; that is, being attacked even before they can be named by the president. We live, alas, in interesting times. Jim Brunelle of Cape Elizabeth has commented on Maine issues for more than 40 years. He can be reached at jbrune@maine.rr.com. |
||||