Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-04-16
From the ydcksonian, March 2 J.
The State Journal and the Supreme
Raneh-

INCIACH.
Mr.. Defrees, since the adjournment Of the Legis-
%lature, in default of anything better VIII ,rewith to at
tack Gov. Whitcomb, has been repea eddy harping
about his course in relation to the ~ )reme Bench.
He devotes a long and most extraordin Try article TO
this subject in the first number Of his paper, which
appears in IFS lew and neat dress, and which is now
entirely under his own control. 1t is a pity that he
has soiled its neat columns with matte r in itself so
derogatory TO his character as a manly and magnan-
imous political editor. He preiends to have procured,
by some means, the examination Of Mr.. Perkins,
when he obtained license from the Sup RENE Judges TO
practice in their court, and publishes W hat he says was
two of the questions put to him on thar occasion, and
his answer thereto. Since the practic has obtained
to have these examinations in writing, this is the first
time we ever heard that they were pa bic property /;
we had always understood that they " ere considered
entirely confidential and that their publication, by
either the Bench or the applicant was a violation of
judicial etiquette, deserving the conc emna'lon and
censure of every honorable member of the Bar. If
n candidate for license were found afte an examina-
ton, thus confdentially made, TO be unqualified to
practise in that court, the license was not awarded,
and he was let off, with the least poSs lble mortifca-
ton. We never new before, (nor do we believe now
that any were licensed, unless they " ere qualified.
IL, however, the statements made by MI. Defrees are
true, (Which we cannot believe) it appears some are
licensed who are not qualified, as he intimates was
The case with Mr.. Perkins and that tn 2 question and
answers are carefully preserved by this spotless tri-
bunal, to be used by them or their subod lInates. as &C.
casion may require for ambitious ends, and to over
throw their future rivals. This is placing the Supreme
Bench on enviable Independent and impa -tial grounds,
truly! 1t is a singular and striking evidence that the
Ermine is unsoiled with sel6shness artl above suspi-
cion or merited reproach. If Mr.. Defrt es has access
10 the written examination of Mr.. Perk ms, and in as
much as he publishes what purports to be a portion Of
it (Which. if true, falls far short Of pre- wing him un-
qualified for the place he now OccupiesD we call upon
him to publish a certified copy of the whole of it,
with notes by him, explaining when he answered cor
rccly.
The questions that Mr.. Defrees pub, ishes involves
no axiom or principle of law, aud are of themselves
wholly unimportant. Moreover, for aught we know,
we are no lawyer are answered correctly. Will
ne show wherein Mr.. Perkins is incorrect, and give
the trGe and full answers and defnit ionsi II will,
we think be of great service to the Bar, and future
applicants; for, from sheer curiosity, we have asked
several supreme court lawyers the same questions,
and find them wholly unable to answer one ofthem, and
declaring that the others so far as he goes, is correct.
As to a writ of certiorari, they answ er like he says
Perkins did, that ii is 10 remove causes but never
having had occasion to call for one they do not know
the rule of the supreme court in the pI emises. They
all say it is a very singular kind Of { question, and
very simply and unnecessarily propounded. They
pronounced their publication by a lGt-yer as being
evidence of the want of qualifications of another
lawyer, as rendering the publisher much more ridicu-
tJu liz III AHtu W NublB lDtN were pfOpOuuuGQ-
We have heard of Judges putting gu estions some
times that they could not answer themselves, and
even framing questions in such a manner as to show
they were ignorant of the point at which they were
driving. Let the public see all these questions and
answers; perhaps something of this NAV be disclosed
in this case. We have no doubt that the old Bench,
with the exception of Sullivan, are good lawyers
we have never heard him spoken of in that light, till
recently, but nevertheless, the Democratic party have
not thought it honorable or necessary 10 attempt to
disparage him, in order to make room for a political
friend. In this there has ever been a striking differ
ence between the two parties. While the one are
willing to allow their political opponents all the repu-
tation and credit they can acquire, the ether is ever
attempting to disparage and traduce tE cir political
rivals. The Supreme Bench, is now held up to be a
tribunal, requiring almost super-human talents and
abilities, (and of course no Democrat knows ~anything)
yet any lawyer or circuit Judge will say that it really
requires more ability to make a good Circuit Judge,
than a good Supreme Judge. Why! Be cause in the
one case the Judge Is comPellcd to decide pointS,-and
the same ones too, that go to the Supreme Court-on
the spur of the moment-promptly and of some where
in the woods, with no law library to refer to to aid
him whereas the other can take his own t%ime-many
years If they follow In example of the old Bench-to
decide them. He has access to a law library, furnish
ed by the State, wherein he can find a decision upon
any point. But MIR. Perkins has edited a partizan
newspaper, and is a young man Who was the late
Judge Story, than whom a more able and accomplish
ed iurist never graced the Bench of this or any other
country He, too, was once a young man, and we
are informed once a political partizan, and writer too,
and ulile such, was placed upon the Supreme Bench
of the United States.
1t is fortunate for his subsequent brilliant judicial
career, that Mr.. Defrees, did not live contemporary with
him, for he would have doubtless Frustrated the ad-
ministration of Mr.. Madison for appointing him and
effected his rejection by the Senate, and thus nipped
him in bud. He was a flaming Democrat too. when
he was appointed. But - partizan considerations"
ouObt m M ~ hava anv inHnancp In coleptipO tho midi
ciary. How come Mr.. Madison to appoint Story !
Were there not older and as then considered, much
ADLER, FederaliSts to be found to take it Certainly
but Mr.. Madison was influenced by g ~partizan consid-
erations."
"Partizan considerations - What considerations
placed Sullivan on the Bench at first! Certainly not
because he was the best qualified man in the State.
No one pretended this. What I" considerations in
variably give every wing vote to every wing candi-
date that ever presents himself for a Circuit ~Judgship
before the Legislature, when he is opposed by a DEM
craft What President ever appointed a political op-
ponent to the supreme bench Not one-there never
will be one. What consideration" induced every
Wing Senator, to come to the resolution, before any
nomination icaS made, as MIR. Defrees inadvertently
admits, to confirm g no other than the old Bench -
And what was this, but a saying to the Governor,
: You shall appoint whom le please z" Would any
Independent Executive, having the least regard for
tie preservation Of his rightful constitutional prerog-
alive, suffer himself thus insultingly brow-beaten and
driven into measures! What would Old Hickory
have done under like circumstances! He had occa-
sion while Pre- sident to appoint a District Judge, in
this State and the late Judge Holman was the appli-
cant. We are told he refused to appoint him until he
knew the Judges opinion about the consti;utionality
of a United States Bank.
1t is really l~aughable to witness the course the
Wings always pursue, when they are driven by the
people out of Office. No one ever heard of that party,
when in power, practicing the least leniency, or even
courtesy, towards their political opponents ; the re-