Page:The Green Bag (1889–1914), Volume 05.pdf/238

 Mr. Justice Jackson. "low-tax " Democrats advocating various candidates, and at least three of them ready to join the Republicans. An earnest sup porter of Senator Bailey, Judge Jackson thrice refused to allow his name to be used, advised Senator Bailey that he would sup port him to the end, and finally consented to allow ths use of his own name only when Mr. Bailey told him that self-respect would not allow him to remain longer a candidate. This was at four о clock in the morning, and on the next morning Judge Jackson was elected to the Senate by the united votes of the State-credit Democrats and the Repub licans, with, however, a clear majority of Democratic votes. During the next canvass, which exceeded in bitterness any political contest ever made in the State, Judge Jackson canvassed the State with his colleague, Senator Harris, not excepting Andrew Johnson, one of the most powerful popular stump orators pro duced by a State of stump speakers. Bold, able, and ingenious, — a man his then col league has described as one " who always hits above the belt," — it was greatly to Judge Jackson's credit that he held his own, and powerfully impressed all thoughtful minds with his strong logic and statesman like views. So far as election results went, the canvass amounted to nothing. . The State-credit Democrats had been able, by their earnestness and zeal, to force the lowtax Democrats up to a platform of halfpayment, such as Senator Harris and others were able to accept; and thus they, and largely Judge Jackson, as their foremost spokesman, saved the State from the down right repudiation toward which it was rapidly rushing. In the Senate Judge Jackson quickly took high rank as a debater, a constitutional law yer, a man of untiring working capacity and wide acquaintance with public questions, and especially with political principles and history. In accord with his party upon the tariff and most political questions and issues, he differed with his colleagues as to the

211

Blair Bill, and as to many questions of ap pointment. Even in the matter of appoint ments, although unused to politics, he managed to hold his own with his alert and able antagonist. No Senator ever gained in briefer time greater reputation for tireless hard work. He was affable and polite, closely attentive to the interests and wants of his constituents, and always ready to divide with them his valuable and muchoccupied time. After a senatorial career of six years, every way creditable, he was selected by President Cleveland, in a manner at once most embarrassing and most creditable to himself, to succeed Hon. John Baxter, of Tennessee, as Circuit Judge in the Sixth Judicial Circuit. For a moment he was criti cised for accepting; but his part was made so clear that all criticism vanished the moment the facts were made known. Except briefly, from time to time, as special Supreme Judge, his first judicial labor began in 1886. His first experience, at his own home of Jackson, is worth relat ing. In a suit for damages for personal injuries the plaintiff had utterly failed to make out a case. In accordance with the practice in the Federal Courts the Judge directed the jury to return a verdict for the defendant. The jury, left in no doubt as to the injuries, with the usual sympathy of juries for the injured, where the employer is a great corporation able to pay, returned a verdict for the plaintiff with considerable damages. With his uniform courtesy, the Judge inquired whether the directions of the Court had been understood. The Foreman replied that the jury meant no disrespect to the Court; but they thought they had been sworn to have something to do with the case. During his seven years upon the Circuit Bench, Judge Jackson heard and determined a large number of cases, involving grave questions of constitutional law, of the juris diction of the Federal Courts, of the rela tions of the United States and of the States