Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-06-02
The FIn.Il,y Of Political Questions.

States Supreme Court and the consequent
duty which falls on the President 70 fli The
vacancy-a duty which all who know thss
excellent man, may feel assured that he win
assume with pious resignation illustrates
the beautiful simplicity Of the plan, which,
we think, was invented by Judge Douglas,
of taking political questions out of politics,
and making them into 6nalities, by referring
them 70 the Judiciary. The question as to
the right of Territorial Legislature to ex7
clude slavery, and Of the constitutional right
Of the slave-holder to take his slaves into the
Territories, and to be protected there, is a
judicial question Of course. Mr.. Douglas
assents TO that rather stronger than Mr..
Davis and all good citizens win, of course,
bow to the decisions Of the Judi
ciary. But q Judge is now to be ap-
pointed by the President and Senate TO fill
the vacant place Of Judge Daniel. The Sem
ate have declared that the citizen of a slave
State has the constitutional right to take his
slaves into the Territories and TO be protected
in holding them there by the Executive, the
Judiciary, the Territorial authorities, and,
If all these prove inadequate, by Congress
sional legislation. The President says that
the only wonder is, that any body should
ever have doubted it. Thirty-fye Senators
resolved that this was the only true doctrine;
only Mr.. Pugh refusing TO come into the true
Democratic fold; Mr.. Douglas being absent
on account of his throat disease, which is
much aggravated by this subject. The
responsibility of confirming Judge will
devolve on these thirty-hve Senators,
and it would be gross violation of the oath
to support the Constitution, if the President
should nominate, OF they should confirm, a
Judge whose opinions on these vital ques-
tions are not known TO be sound. No one
who knows the President or the Senate, will
suppose for a moment that either will shrink
from their duty. A Judge of sound views
will be appointed, who will put into judi
cial decision what majority of the Senate
have resolved, on political question, and
then it will become a part of the Constitution
of the United States. Mr.. Douglas and Mr.
Pugh will, of course, not dissent from the
Democratic Senators, for they will hold it tc
be quite improper to raise the question as to
the opinions of nominee for Judge, on 6
judicial question.
But how does it take question out of pol.
itics, if judges are going to die and theil
placesbe filled according to the political opin-
ions Of the President and Senator Is that max.
ing finality of question: Ifit is q judicia
question, it would, of course, be highly i'm
proper for the President or Senate to take
any action on it, or do any thing to forestal
q judicial decision; but at the same time, |
would be gross violation Of official dut,
in these times, when the very existence 0
the country is threatened by demonstrations
heresies, if they did not see to it that the maj
whom they placed on the Supreme Bencl
had sound views on this vital point of tn
constitutional rights of slavery in the Terri
tories. ..uu.mI' Oh .lrf
But if this constitutional question is goini
to be decided by the President and Senate be
fore they elect a Judge, how can it be a ques
ton for the Judiciary to decide2 And
Judges are to be elected by the Senate &C
cording TO their opinions on Judicial ques
tions, may not Senators be elected accordin
to their opinions on judicial questions? Thu
ultimately, judicial questions will be decide
by cross-road conventions and popular cleo
tions. Certainly that does not make ther
finalities, nor take them out of politics.
There is a screw loose somewhere in tn
system. 1t will work very well SO long g
the President and Senate are sound constitr
tional men, and SO long as the Judges do nc
die; and ii must be admitted that the Suprem
Bench gives great tenacity to life; but alarm
ing changes have been going on in III
Senate. Senators who belong to I
wholesome political organization are il
creasing at rate calculated to crea
real concern in every patriotic min(
and suppose that Old Abe should happ,
to get the power to nominate, with an 'u
$ wholesome" Senate to confirm his appoin
s ments and several of the Judges shou
) themselves become fnalities at the rig
time; how would this beautifully simple pli
4 of electing Judges to put political doctrin
: into judicial decisions work then2 We fe
5 that all the possible contingencies were n
e considered when this plan for working o.
r institutions was devised.
Il n r.. a..