New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-09

The report from Boston is that Mr.. Justice Cur
lis resigns his seat on the bench Of the Supreme
Court of the United States, on account of the in
adequacy of the salary. There i, no doubt that, as
one of the leaders of the Boston BAR which he was
before he accepted his present position, and which
be will no doubt become again, Mr.. Curtis could
earn much moro money than his salary as Judge
comes TO. But this can hardly be the whole cause
Of his resignation. Had he looked at the matter in
. a merely pecunisry point Of view, he never would
have accepted the Office 1t is easy to find ample
causes for his esgnatlon-causes toe, which do not
gobeyond what is merely personal to himself-with-
out supposiDg him to have acted in this matter
for mere money considerations. Mr.. Curtis came
upon the bench as a strong sympathzer with the
opinions Of the majority Of the Court on the sub
ect Of the Fugitive Slave LAWN TACT as sort of
champion Of the Southern view of that subject
against what Mr.. Webster was pleased to designate
az the preiudces of the North. But, with the advan
tage afforded them by the Fugitive Slave law, aud
the concurrence in its support of lawyers like Mr..
Webster and Mr.. Curtis, and dvines like Moses
Stuart and the Rev. DR.. Lord the Pro-Slavey
minority Of the nation and the Pro-Savery majority
of the Supreme Court Of the United States have
gone ahead so fast and so far, that Judge Curtis
has found it utterly impossible to keep up
with them. TIE Supreme Court In the bred
Scott case have 30 far out. Heroded HerOd that,
whatever may have been the disposition on
the part Of Judge Curtis to keep well with the
Shareholders, he has found himself left in minor
ity of two and, from being the oracle aud mouth
piece Of the Court aud its welcomed and admired
champion, reduced TO the position OF merely pro-
testing against the false law and false history pro-
muIgated by the majority as the opinion OF the
Court.
But az, in cur view fully stated at the time, Mr.
Curtis gained no honor by the acceptance of
Judgeship under the circumstances which attached
to his appointment, so, as it seems to us, he will
gain just as little by retiring as he now does. By
remaining at his post and manfully battling and
protesting, if he could do ne more, on behalf Of
law, humanity, and the truth of history, he had
the opportunity, and rare one il vas of showing
that, whatever criticisms might be made on the
means by which he had obtained his position as
Judge, having obtained it, be knew how to use it,
as well for the good of his country as for his own
honor. We truly lament that with Dir. Curts's
conceded legal abilities, he has not felt himself
competent to meet this emergency, and to acquire
thereby reputation such as no mere technical
lawyer can ever aspire to. But doubtless he is
bis own best judge in the premises; and it must DC
conceded that, after what has happened to Senator
Sumner and taking into account the keen sarcasm
of some parts of Judge CurtiS'S opinion in the
bred Scott case, he might naturally entertain fears
for his personal safety, if he returned to Washing
ton and continued to occupy seat on the bench.