Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-09-30

the least Of it, very extraordinary He denounces the
doolrne that decision of the Supreme Court Of the
United States is to dictate mans politics to him -p
50S SO il be But in the same breath this same
single Judge of Georgia. without the of his
colleagues dictates politics to every Of his readers
"ol wad some power the giftic gle u.s." Ac
And what next? He proceeds to anaigsc the Supreme
Court Of the United States, from the beginning to the
date hereof" He takes up Marshall and Story, gives
us their political history at full length, with various per-
sonal details, by way of usraon and untes with them
in one sweeping derunciation as mere partisans JAY
Ellsworth aud Wilson(pp 500 to 5l3 There is APPOINT
where presumption becomes nsolence. Jay, Ellsworth,
Marshall, Story-men of worldwide reputation, who
belong TO age country but to posterity
and the wordare denounced partisan Judges
in elaborate o5ter opinion by the Hon Henry L. Ben
nDg Of Georgia. and this denunciaton published "by
authority, In the form of solemn judicial decision
Does his Honor remember the old saying about stones
and glass windows? Judged by his own standard, he is
himself partisan judge, and that too without the
apology which sustained the he denounces for they
only decided points brought directly before them IN
court where their decisions preccdents, while he
travels out of his preach distractions which,
his principles, not binding for day even on
himself
the attack on the first urists the country does
satisfy the Judge Sill leaving the before him,
he goes to give, he understands it the history of
of great political struggles and even descends
to dcnuncation, without measure or mercy, Of the en-
tire old Federal party, noe He says that this par
ty shaving had possession Of the Government from its
origin under the Constitution put false construction
that instrument and consequently was hurled from
power from respectabay"-GN. %. The Judges ooa it'd
Hcs-p. 494 Now, some people might be curious to
know what sort Of men they to whom Judge Of
Supreme Court, speaking from the Bench, judciay and
emphdtcaly denies the character OF " respectablity
Why, forsooth, such oqlsrs as ALEXANDRA HAMILTON
john JAY, FISHER AMEs, JAMES KENT, JoHs MARSHALL
and CgAnLEs CorEswoRTH PIscKYEY The jurisdictoa
of our Georgia Rhadamanthus over the posthumous re
spectabiity OF oes these need not for the pur
poses of argument be denied for there is something
far stronger yet to come.
Previous the fall of the Federal party, in 1901, the
Government had existed just twelve years During eight
of these twelve it controlled by the unbounded in
uence and popularity of the President and that Presi
dent GEORGE WASHINGTON. Now, Judge Benning
says the Federal party had possession of the Govern
ment during the whole of this period. GEORGE WASHING
then, according to the Judges argument was either
Federalis fool Twill not suspect the Judge of the
sacriegous ndecency of choosing the latter epithet
But if he chooses the former his position is not much
better; for he thus charges George Washington with
being leader of party to which he judciay denies
the character of respectability And in that demma
leave Judge Bcnning.
The truth is, this opinion" if 1t be called
conceived in the possible taste and has been brought
forth by the worst possible Judgment Only few Of its
most striking faults have been pointed out. 1t was
task too long and thankless to specify them ALL for verify
their :" name is Legion"
The Supreme Court is, in the writer's opinion, the
most important and useful branch of Government
indispensable administration of justice and
the security Of the rights of person and property But
it has many and powerful enemies II was established
with great difficulty, and its opponents would break it
down if they could But all its enemies toge
ther have done much to undermine its influence
as this act Of one Of its members g Save me
| from my friends !" |#1
A few such decisions, and public confidence in
the Court-public respect for twill be at an end. 1t
as the first ofthe kind trust it will be the last.
RICHMOND.