ed for my loyalty during the war. Other
members wished to know whether an anonymous article in a newspaper was
to be considered sufficient evidence to authorize a committee of
the House to enquire into the private conversation of members of the
Supreme Court. The mover of the resolution, Mr. Scofield, declared
that he knew nothing of the truth of the statement in the paper, but
deemed it sufficient authority for his action, and moved the previous
question on the resolution. Several of the members protested against
the resolution, declaring that it was unworthy of the House to direct
an investigation into the conduct of a judicial officer upon a mere
newspaper statement. But it was of no use. The resolution was adopted
by a vote of 97 to 57--34 not voting. Some members, indeed, voted
for its passage, stating that it was due to myself that I should be
vindicated from the charge implied in the debate; the force of which
reason I have never been able to appreciate.
The resolution was evidently intended to intimidate me, and to act
as a warning to all the Judges as to what they might expect if they
presumed to question the wisdom or validity of the reconstruction
measures of Congress. What little effect it had on me my subsequent
course in the McArdle case probably showed to the House. I had only
one feeling for the movement--that of profound contempt; and I believe
that a similar feeling was entertained by every right-thinking person
having any knowledge of the proceeding.
The facts of the case soon became generally known, and created a
good deal of merriment in Washington. But all through the country
the wildest stories were circulated. Communications of a sensational
character relating to the matter were published in the leading
journals. Here is one which appeared in the New York _Evening Post_
from its correspondent:
"It is the intention of the committee to examine the matter
thoroughly, and in view of this a large number of witnesses
have been summoned to appear on Friday.
"The friends of Justice Field are endeavoring to hush the
matter up, and, if possible, to avert an investigation; but
in this they will be disappointed, for the members of the
Judiciary Committee express themselves firmly determined to
sift the case, and will not hesitate to report articles
of impeachment against Justice Field if the statements are
proved."
Other papers called for the strictest scru
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