New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-26
81 VIA. potstO-hole Of place this is!
:, These old men ought to be got up shove ground,

opinions should be " of the earth, earthly" But
We have gra,er causes Of criticism. Tas Slive
Power knowing that ii would ultimately 6ni no
refuge in the Legislative and Executive branches of
the Government, has long had its eye upon the
Supreme Court as it's final hidng-plsoe from the
ayengiog spirit OF Freedom.
A, its organization il l'59, the Court Consisted
Of six Judges. Three were selected from the
North and three from the South. For ten years,
this proportion was retained. In 1923, Chef JUS
tee Ellsworth was cent Minister 10 France. When
he left, the North had two and the South three OF
the Judges The tribunal was without Chief,
till January, lo0, when Marshal! was placed at its
head, thus giving four Of the SIX Judges to tue
South. Though the number was sfterward in
crossed to seven, and many changes of membership
occurred, Southern supremacy on the bench was
net shaken til 1880, when. Mclean Of Ohio, hav-
ing the year before been substituted for Trimbe
of Kentucky, and nov Baldwin of Pa. taking the
seat vacated on the death of Washington, OF Va.
the North had four of the seven.
jackson in the Bank war, and Calhoun in the
notification contest, encountered the opposition of
this tribunal They resolved to make 1t more SUBJ
seryient to Executive dictston and the DEGREES OF
the slavery propaganda. In 1886, Marshall, after
presiding for six-and thirty years. died. And now
the 6rst strictly political appointment to the bench
was made.
In 1888. Duane, Secretary Of the Treasury, re-
fused to remove the Federal deposits from the
United States Bank. Thereupoo Jackson removed
him from Office and appointed Roger B. fancy 10
bis place, in the recess Of the Senate. fancy
promptly did the job The Senate refused to con-
firm his nomination, and be went bsck to private
LIFE. Two years siterwsrd Mar'hall died. Jack
SOD, willing to reward fancy for doing an Odious
political deed, bestowed upon him the ermlne that
fell from the shoulders of Marshall. Benjamin /.
Butler was then Attorney General 81 The rules
of the profe ssion he should have received this ap.
pointment. He had ample learning, experience,
industry and integrity for the place. But 1t was
given as q compensation to politician who had not
scrupled to perform high handed act at the dcta-
ton Of the Executive. From that hour, the Court
lost caste with the country Calhoun fixed his
eagle eye upon it and resolved to mske it the sub
serient hack of the negro propaganda. 10 this
end, il was necessary to restore Southern snprem'
scy on the Bench. Two new seats were created un
der Jackson. Van Buren, filed them with Citron
and Mckinley, both extreme slaveholders-the
former respectable jurist, the latter groVeling
partisan. And now the Court consisted Of five
shareholders and four non. shareholders, with the
uDscrupulOus fancy st It's head. And thus it re-
mains to this day.
OF the fge ChiefJu,tce, Of this Court, two
were from the North, and presided in the aggre-
gate years. while the South has furnished thee.
who have presided 60 years. Of the 81 Associ-
sted Justices 10 came from the North, and Is
from the South; the aggregate period of the for
mer being l9I years, and Of the latter, Pa years.
During the frat 10 years of the existence Of the
Court, the Judges were selected equally from the
North and the South. Throughout the subsequent
30 years, the South has had msjority on the
bench excepting about 6 pears. 1t has controlled
the Court for the last % years. Do not forget
that all this time the population and business of the
North has exceeded that of the South, aud that,
for quarter of century past, this prePOndefance
has been great and constantly increasing
The Attorney General is an important auxiliary
Of the Supreme Court; its public and private adj
wiser. He is the law officer OF the Administration
and Of Congress. The SayePower mas kept its
eye or this important Office. During the seventy
years of our constitutional existence, seven Attor
ney Generals have been taken from the North,
whose aggregate terms Of Office amount to -
years; while the South has furnished 10. who have
held the post 40 years. Does anybody believe that
this persistent possession of these two branches Of
the Government, By the Slare-Power, is the re-
suit Of mere accident
This tribunal hes important functions to perform,
not only in taReo, but at the Circuits. These are
most unequslly, most scsndalousy arranged. The
Free States are divided into four Circuits and the
Slave into FIVE; the judges of the two sections sit
ting in the Circuits where they reside. The gen.
era business Of the Circuits differs essentially from
that Of our State Courts, II is chiefly Of two
kindssuits on patents for inventions, and civil and
criminal cases arising out Of maritime business
and the revenue laws. 1t is notorious that nearly
all patents are issued TO the manufacturing States
Of the North. Hence, there is the res. Of this
kind CT litigation. A patent suit IN the South is
as rare as "honor among there's" Each Of the
first tive Circuits, i. e., New England and New
York, afford more such suits yearly than al the
five Southern Circuits. The great bulk of bust
ness springs directly and indirectly from the CON.
mercil marine. The amour. of tins marine in
the several Circuits il much surer test Of their
uridical business, than population. The registered
and Licensed shipping shows the extent ii this ma.
rine. Let Us apply this test.