New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-04-06
RECONSTRUCTION OF THE SUPREME
COURT.

RECONSTRUCTI0N OF THE sUfRhn.
i COURT.
A few days ago we referred to the proclamation
made by Senator Seward the floor OF the national
Senate chamber, TO the effect that the Black Repub
lican party, Of which he is the acknowledged leader
and exponent would insist upon reconstruction and
reorganization OF the Supreme Court of the United
States at as early period possible. We told our
readers that Mr.. Seward was not who INDUCED
| in light language, and we tell them so again. He
never opens bis mouth to speak except after mature
and well considered deliberation and when he does
speak be always speaks to the purpose.
| day afterwards we quoted the Freesoil pro-
| gamme, authoritatively announced in the columns
Of the New York Evening Post which, among other
changes in the general organic law demanded by the
Black Republicans, set forth that " remodeng of
the Supreme Court so as to vacate the bench ut once
and require new Judges to be appointed" inds-
pensaby necessary to yindicate the cause of freedom
and preserve the rights Of man.
Since then leading Freesoil journals, North, East
and West have taken up the cry and reconstruction
of the only department Of the Government that re-
mains yet pure, indebted and patriotic is demanded
on all hands. The Cincinnati Gazette, which Is out
side its radical Freesolism, Of the most respect
able journals in the North. strongly supports the
movement In It's issue Of the 23d ult, it concludes
leading article with the following reasonable re-
marks and requirements
As at present constituted the appointments to the
BeKch and the distribution of circuits are palpaby
unfair and unequal, sectonally considered. The ap.
pontments and divisions are in an inverse ratio to
population and Court business. Five of the Judges
are from saveholdng States, to four from the free
The population and business of two or three of the
North Eastern circuits are greater, If we mistake
not. than all Of the Southern and Western circuits
combined. Hence the eminently sectional character
Of this Court and the extreme Partially of its opn-
ions on some subjects.
These striking inequalities, unnatural and ndefen-
sihe as they are, cannot be overlooked when the
form is once entered upon, no matter with what
somewhat of its too coyetons grasp the judiciary
department Of the Government, whether the Admin
istrat0n under which the reconstruction is made be
Democratic Republican. Merely to relieve the pre-
sent Judges Of circuit duties transferring this part Of
their business to Judges, and still continuing the
present unequal circuit SYSTEM will not satisfy the
country. The reform will not stop here, when once
commenced.
reviews, will be equally inadequate to satisfy the
popular demand. Nor will IL be enough to create
batch OF inferior courts which to cast aside Ger
tain classes OF causes, deemed of lighter moment.
Some Of these changes may, indeed be thought de-
sirable; but not all of them combined will place
the Supreme Court on a basis Of nationality and
equal rights. A reconstruction to meet this last
requirement must sooner or later come. We think
the time is not remote.
As there is no supreme tribunal in Christendom
wherein business is so speedily and ably despatched
as in the Supreme Court of the United States we
must look elsewhere for reason to enable us to com
prehend the why and the wherefore that induces so
old Journal as the Cincinnati Gazette to favor SO
radical and dangerous a change as the one proposed
in our supreme judiciary system. But it is not diff
cult to ascertain what the reason is. Indeed the
Gazette furnishes it to our hands, Five of the
judges are from save-holdng States and four from
the free quoth the Gazette Admit this to be true
and it furnishes argument to sustain the alteration
suggested, for all the Judges are admitted to be
honest, capable and faithful. Notwithstanding all
this however, the charge of sectionalism and ex-
IRENE Partially is alleged against the Court, with
about as much show OF justice as the infdel charges
nntruth upon the Christian religion.
After going into detailed complaints, the Gazette
enuncates that minor reforms will not satisfy the
country"-that is the abolition portion of it and
that nothing will do except to place the Supreme
Court on basis of nationality and equal rights.
reconstruction to meet this latter requirement must
sooner or later come. We think the time is not
remote.r
So do we. If the Union lasts, and Freesoil Presi.
dent Is elected in 1860, as the Black Republicans con-
tidenty anticipate, the proposed reconstruction of
the Court will not be necessary TO accomplish their
special Objects for, before his term expires he will
have an opportunity in all human probability of ap-
pointing majority of Freesoilers or downright Abo-
litionsts to that Bench Most of the Judges are
very oldthey full of honols as they are full Of
yearsand the chances are that most OF them will be
translated to the better land within very brief
period.
We have made the above observations simply to
show our readers the lengths to which the baneful
spirit of Freesosm is spreading North - nothing
more Having struck dswn the independence and
purity Of the judiciary in Massachusetts, they now
essay oftier achievement-they strike directly at
the independent existence Of the supreme judicial
tribunal Of the land Where will all this end We
are sure we can't tell.