The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-20

{ ouRT.-The General Term meets tomorrow.
last week. Is mob to be collected to witness
the degradation of the highest Court Of the
State? Will it crafty the love Of notoriety on
the part of any one of the actors In the last
drama to have it repeated Shall the frivo-
lous again laugh and the thoughtful again
weep over scenes which degrade the bench 20
the level of q primary meetings We fervently
trust that we shall be spared the necessity OF
again recording any such transactions, and
that reflection and due regard for public
opinion will induce all parties concerned to
adopt course of conduct that shall no longer
be offensive to all right thinking men. No one
expects Mr.. Davies to recede from the position
be has taken. Elected by 1900 of the popu-
lar vote, he cannot retire in favor OF Mr.. Pea
body, who had but 5000. Fortified by de-
cision of the Court of Appeals ia his favor, ne
cannot be expected to give way to Mr.. Pea
body. who has no certificate of election and no
adjadicated title whatever. 1t cannot b. pre-
tended that the opinion given by Messrs Roosi
welt and Clerke, in favor of the claims of Nc
Peabody is an adjudication. 1t was extra
judicial and tapa,te, and entitled to no other
consideration than that of any other two law
yers at the bar of equal standing. To say that
the ballots thrown for Mr.. Davies were "voia
for uncertainty" because unlike those cast for
Mr.. Peabody, they did not specify the partict..
lar vacancy to be filed, when everybody knew
that there was but one vacancy and voted
nrvlx IL, III uprth nj
men in high station; and to attempt to con-
suDmate the bubble by foisting upon the
bench q gentleman receiving the smallest
number of votes, in anticipation and defiance
OF the judgment of the Court of Appeals, was
unlike the judiciary in its best days, and re-
sembled very much the same partizan, trifing,
and maievolent spirit which was displayed in
the late case Of Baker aud the Central Park,
and which we unsparingly condemned.
The solution Of the difficulty now rests with
Mr.. Peabody, and Intimately concerns his rep
utation. He held for short time, under a
commission from the Governor, the position of
q Judge Of the Supreme Court, and demeaned
the public. Let him not throw away the
reputation thus justly earned, and let him follow
the advice of those who are his friends, and not
merely the enemies of Mr.. Davies. If he refuse
to attend the General Term to morrow, the
Court will be fully organized, and can proceed
with the public business with decorum aud
without a doubt OF the validity of its judg-
ments; and if he shall then consider that he
is entitled to the seat of Mr. Davies, he can ap.
ply for the writ Of gao rarranto, and obtain d
legal decision upon his claims OF title. In cur
judgment, however, he will best consult his
reputation by abstaining from further litiga-
tion II he should ultimately obtain decision
in his favor, he viii hold his position by virtue
Of mere technically, and in defiance of the
popular vote, which cannot fail to impair his
dignity as a man and his usefulness as judge.
By retiring from scene of strife, he will be
remembered in future elections as one who pre-
ferred to lay aside his personal claims rather
than disturb the decorum of court of justice,
and will thereby show himself worthy Of the
bench to which he aspires.