An Interview with James W. Eli, Jr. Part 4 Video

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An Interview with James W. Eli, Jr. Part 4

The fact is that the Supreme Court I think is often is the case probably harmonizes largely with that segment of the American of political tradition. What they were increasingly out of step with however was the growing movement in the north. The branch evolution is just a bit unfair they were all have evolution is but they were increasingly bothered on what they saw as the dominants of the slavery influence in American political counsels. This is partly wide read Scott great is a such a pure and when the decision came down now if you ever the Supreme Court is in the liking call of the same group of people. They were controlling the election of the presidency, they control congress, and they control the Supreme Court. In the large part of crucial the rapid appeal to the republic in part in the 1850 it was republic in order said we are going to check the spread of slavery we’re going to stop it. Now they didn’t say they were going to abolish slavery Lincoln was not elected as an evolutionist. He said there's inaugural address he would respect slavery where it existed but he made a very clear to a more slave stage and that of course was a conditions that the southern marks they could not accept, it usually there was else spokes man could not accept and that prompt to this session crisis. The Supreme Court of course could hear appeals from the circuit courts basically the trial court of federal branches but then existed and of course they also good hear appeals from same course. So in that sense the system is not unlike what it is today. There were far more mandatory appeals yes to that read of certiorari earlier to a far more cases and when people can simply obtain a rid of error and have a case want before the Supreme Court. In others they have less discretionary jurisdiction. Today there were just takes this primarily discretionary. In those days out of many people couldn’t in fact that they're cases to the Supreme Court that they would wanted to go to the delays and expense of all for doing that. You should bear in mine that a certain court duty could be somewhere owners from members of the court. You had to leave Washington ride by literally on the horse most likely or a coach to your circuit and then conduct trials in that circuit. If you were the circuit court judge let say for Texas that was a bit of a challenge. It wasn’t going into an air-conditioned airport and waiting for your flight and having a cocktail. The meaning was argue, it was travel, in fact its one of the reasons why report of the civil war Supreme Court duty was actually not sold by some people. If pay wasn’t that great the duty was seen was on us and not everybody versus anxious have this from court appointment it might have been seen on later times. John James the first chief justice and he was line for the court on the grounds that he thought it had no future. Low press, low pay, low prestige and he took a position on this highest state court in New York and when he was offered a change to comeback to US Supreme Court I think by President Adams he declined. Adams had a very hard time filling the vacancy of chief justice. Marshal wasn’t his first choice. Marshal happens to be someone who would take the job. So I want to give you another example as well known. I've done quite a bit of work on chief justice may refer when President Cleveland appointed chief to take control our chief justice in 1888. For he didn’t say thank you or I love it he said, “Well, I really don’t know I want to think about it.” And Cleveland said his name to the senate who and while you can think all you want I'm sending your name for the senate you have to withdraw if you don’t want to take it. Now, why would Ford never wanted to take the job with the most people live with that but one thing there was a pay cut he was a very successful attorney in Chicago. He was earning more than you will earn a chief justice. He have to move his whole family and from Chicago where he like leaving to Washington. Washington DC in the 19 century did not have a critical positive images are place to live. In the air-conditioned in America it was hot this could be. I point diplomat thought it was boring capital he didn’t want to be a son in there. It didn’t have any glamour connotation. And then of course fellow had to in circuit duty and he assign, he was assigned to circuit down in South Carolina. He was a guy from Illinois; he nearly knows them the first Emmy goes down that circuit quite duty. So the fact is there were a lot of business centers to take these positions. I thought there was also to be sure with Plessey and Powell but you have to way all the factors in and John Jay would be a class example. Well, the changing in number of respects because the civil war had put the quite it is on the most extravagant claims of state sovereignty. I mean there was and going to be states were not going to be co-equal they wont going to be succeeding that that was pretty much settle in a feel the bottle. But the legal climate had change too the 13th amendment had abolish slavery, the 14th amendment had a number of provisions the equal protection clause, the posses clause that where at the very least everyone could agree were design to protect the legal status and the newly pretty safe. But if with else they would design to do we could debate. Now, when I say I don’t mean that everybody clearly had in mind that we would have ratio integration as we think of it in the late—in the early 21st century. I frankly I don’t think they really invaded this decisions as carefully and fully on that subject does they might have. Bear in mind also that there were virtually in the public schools in his house but with the most ratified and I don’t think schooling was high and there a list of concerns. They're concern about much more basic type things right of property, right to make contracts, right to enable for yourself and earn your own wages. But if economic and put this behind these concerns right to serve on juries because there a lot of people would have a chance to do. These with the concerns right to know 15th amendment the right to vote. What I like political right if you will and economic rights it could be very clearly in the mind of the people who push for the 14th amendment. For the political climate is obviously change and the constitutional climate change but only do amendments. And the problem for this case which was it urge the way to comeback to that is this for the first time the Supreme Court of the rest of the 14th amendment is not on case. And you have this polarity abuse the majority saying no it doesn’t basically change whatever system that we knew that wasn’t with the voter who told when they ratified it, that wasn’t with the congress been said when they did it. Basically it’s a limited in this purpose to protect black against abuse and discriminatory treatment. And then you have the center saying know the 14th amendment has a much broader connotation in that. It is to protect basic rights such as right pursue a livelihood against state of bridge man. It has the much broader sweet liberty and properties are to be protected against state interference.

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The fact is that the Supreme Court I think is often is the case probably harmonizes largely with that segment of the American of political tradition. What they were increasingly out of step with however was the growing movement in the north. The branch evolution is just a bit unfair they were all have evolution is but they were increasingly bothered on what they saw as the dominants of the slavery influence in American political counsels.

This is partly wide read Scott great is a such a pure and when the decision came down now if you ever the Supreme Court is in the liking call of the same group of people. They were controlling the election of the presidency, they control congress, and they control the Supreme Court. In the large part of crucial the rapid appeal to the republic in part in the 1850 it was republic in order said we are going to check the spread of slavery we’re going to stop it.

Now they didn’t say they were going to abolish slavery Lincoln was not elected as an evolutionist. He said there's inaugural address he would respect slavery where it existed but he made a very clear to a more slave stage and that of course was a conditions that the southern marks they could not accept, it usually there was else spokes man could not accept and that prompt to this session crisis.

The Supreme Court of course could hear appeals from the circuit courts basically the trial court of federal branches but then existed and of course they also good hear appeals from same course. So in that sense the system is not unlike what it is today. There were far more mandatory appeals yes to that read of certiorari earlier to a far more cases and when people can simply obtain a rid of error and have a case want before the Supreme Court. In others they have less discretionary jurisdiction. Today there were just takes this primarily discretionary. In those days out of many people couldn’t in fact that they're cases to the Supreme Court that they would wanted to go to the delays and expense of all for doing that.

You should bear in mine that a certain court duty could be somewhere owners from members of the court. You had to leave Washington ride by literally on the horse most likely or a coach to your circuit and then conduct trials in that circuit. If you were the circuit court judge let say for Texas that was a bit of a challenge. It wasn’t going into an air-conditioned airport and waiting for your flight and having a cocktail. The meaning was argue, it was travel, in fact its one of the reasons why report of the civil war Supreme Court duty was actually not sold by some people. If pay wasn’t that great the duty was seen was on us and not everybody versus anxious have this from court appointment it might have been seen on later times.

John James the first chief justice and he was line for the court on the grounds that he thought it had no future. Low press, low pay, low prestige and he took a position on this highest state court in New York and when he was offered a change to comeback to US Supreme Court I think by President Adams he declined. Adams had a very hard time filling the vacancy of chief justice. Marshal wasn’t his first choice. Marshal happens to be someone who would take the job.

So I want to give you another example as well known. I've done quite a bit of work on chief justice may refer when President Cleveland appointed chief to take control our chief justice in 1888. For he didn’t say thank you or I love it he said, “Well, I really don’t know I want to think about it.” And Cleveland said his name to the senate who and while you can think all you want I'm sending your name for the senate you have to withdraw if you don’t want to take it.

Now, why would Ford never wanted to take the job with the most people live with that but one thing there was a pay cut he was a very successful attorney in Chicago. He was earning more than you will earn a chief justice. He have to move his whole family and from Chicago where he like leaving to Washington. Washington DC in the 19 century did not have a critical positive images are place to live.

In the air-conditioned in America it was hot this could be. I point diplomat thought it was boring capital he didn’t want to be a son in there. It didn’t have any glamour connotation. And then of course fellow had to in circuit duty and he assign, he was assigned to circuit down in South Carolina. He was a guy from Illinois; he nearly knows them the first Emmy goes down that circuit quite duty. So the fact is there were a lot of business centers to take these positions. I thought there was also to be sure with Plessey and Powell but you have to way all the factors in and John Jay would be a class example.

Well, the changing in number of respects because the civil war had put the quite it is on the most extravagant claims of state sovereignty. I mean there was and going to be states were not going to be co-equal they wont going to be succeeding that that was pretty much settle in a feel the bottle. But the legal climate had change too the 13th amendment had abolish slavery, the 14th amendment had a number of provisions the equal protection clause, the posses clause that where at the very least everyone could agree were design to protect the legal status and the newly pretty safe. But if with else they would design to do we could debate.

Now, when I say I don’t mean that everybody clearly had in mind that we would have ratio integration as we think of it in the late—in the early 21st century. I frankly I don’t think they really invaded this decisions as carefully and fully on that subject does they might have. Bear in mind also that there were virtually in the public schools in his house but with the most ratified and I don’t think schooling was high and there a list of concerns. They're concern about much more basic type things right of property, right to make contracts, right to enable for yourself and earn your own wages. But if economic and put this behind these concerns right to serve on juries because there a lot of people would have a chance to do.

These with the concerns right to know 15th amendment the right to vote. What I like political right if you will and economic rights it could be very clearly in the mind of the people who push for the 14th amendment. For the political climate is obviously change and the constitutional climate change but only do amendments. And the problem for this case which was it urge the way to comeback to that is this for the first time the Supreme Court of the rest of the 14th amendment is not on case. And you have this polarity abuse the majority saying no it doesn’t basically change whatever system that we knew that wasn’t with the voter who told when they ratified it, that wasn’t with the congress been said when they did it.

Basically it’s a limited in this purpose to protect black against abuse and discriminatory treatment. And then you have the center saying know the 14th amendment has a much broader connotation in that. It is to protect basic rights such as right pursue a livelihood against state of bridge man. It has the much broader sweet liberty and properties are to be protected against state interference.

Transcription by: Scribe4you Transcription Services