Page:The Supreme Court in United States History vol 1.djvu/182

156 Judge Iredell died on October 2, and President Adams appointed in his place, on December 6, 1799, Alfred Moore of North Carolina. Moore was forty-four years old, had been Attorney-General of the State for five years, and was a Judge of its Supreme Court. At its February Term in 1800, the Court decided seven cases of slight historical importance.

The last Term in which the Court sat in the city of, Philadelphia was held in August, 1800, and under great difficulties ; for on August 4, when the session should haure begun, only Judges Paterson, Moore and Washing- ton were present; Chief Justice Ellsworth, who had been appointed Envoy to France by President Adams, Febi^uary 25, 1799, was in Europe ; Judge Cushing was ill; and Judge Chase was in Maryland, engaged in electioneering for Adams in the pending Presidential campaign.^ That the Court could no longer rely on freedom from political criticism now became manifest, when two cases were presented to it involving decisions on questions which had become political issues. In Bos v. Tingyy 4 Dallas, 37, the Court was confronted with serious questions arising out of the French spoliations on American commerce and the American retaliatory legislation of the past two years. The Federalists had insisted that a state of actual war with France existed,

Dallas, 320 ; that service of process should be made on the Governor and Attorney-General; that subpoenas when issued should be served sixty days before return day; and that on a failure of a State to appear, the complainant might proceed ex parte. Eighteen years later, in December, 1818, a bill was introduced in Congress prescribing the mode of commencing, prosecuting, and deciding controversies between two or more States; "but after debate, it was indefinitely postponed.'* 15th Cong,, ed Sees., 74, 120.

^ Judge Chase's absence drew upon him a savage attack from the Anti-Federalist newspapers — an attack which, on the standards of today, would appear to be partially justified — for he was speaking at political gatherings in Maiyland in behalf of Adams* candidacy for the Presidency. See the Aurora, Aug. 4, 8, 9, 11, 1800, which referred to "the Supreme Court adjourning from day to day and the business of the Nation being held up until Chase shall have disgorged himadf . O Tempore, O Mores 1 . . . The suspension of the business of the highest Court ci Judicature in the United States to allow a Chief Justice to add nine thousand