Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-10-08
The Independence Of the Judiciary-Judse
Rrlnkerhon.

of the Supreme Court is a striking evidence
of the utter want of intelligence that distin-
guishes political journalism and political
discussions. We have not yet seen in any
Republican journal any attempt to state the
position of Judge Brinkerho6, nor the legal
principles involved in his candidacy. Nor
have we in the Democratic organs; and it
is one of the curiosities of politics that a
savage warfare is made on him for judicial
decision, by party whose cry one year ago
was for "the independence of the Judiciary"
and whose walls were loud for the political
slaughter of Judge Swan for judicial de-
oision.
The Democrats and Conservatives suppose
that Judge Brinkerhoff has violated estab-
lished legal principles, and inaugurated a
rebellion in the Ohio judiciary against the
Supreme Court of the United States; and
they imagine that they are opposing him to
support the supremacy of the laws. They
are doing nothing of the kind. There was
no difference between Judge Brinkerhoff and
Judge Swan as to the jurisdiction of the
Supreme Court of Ohio in regard to the
constitutionality of the fugitive-slave law
Nor was the question of jurisdiction even
raised by the counsel for the government.
The question is as to a decision made by
Judge Brinkerhoff within the unquestioned
jurisdiction of the Supreme Court of Ohio,
and this decision it is which is now being
reviewed by the people, under the cry of an
independent judiciary, and respect for
judicial decisions.
A politician must be well up in his facings
to follow his party. The coordinate right
of the State Courts with the Courts Of the
United States to decide constitutional ques-
tions, has for many years been the strong
Democratic point in our Supreme Court. 1t
looks little curious now to see it denounced
as treason by that party; and it shows the
degree of political intelligence which it re-
quires to carry on party organ, when a
Breckenridge paper denounces Judge Brink
erhoff ss having demoralized the Judiciary,
by deciding contrary to the United States
Supreme Court, and in the same number
announces that Judge Bartley-a Breckin-
ridge elector, who justly distinguished
himself on the Supreme Bench of Ohio, by
insisting on the right of the State Courts to
decide on the constitutionality of acts of
Congress-will advocate the principles of
National Democracy in one of the neighbor-
ing slave States. Politics are a curious
study, and this is certainly one Of its most
curious exhibitions.
We do not expect any common sense from
political parties on any subject in which the
negro is an ingredient. Negrophobia is as
rabid as hydrophobia, and party spasms are
expected whenever the negro comes in
sight. But, throwing out the negro, the
legal principles of Judge Brinkerhoff's de-
cision are the peculiar principles which De-
mocracy sustained on the Supreme Bench of
Ohio, as long as it had a remnant there.
Furthermore, they are the principles main
tanned by every Southern Court, and always
triumphantly, whenever they came in col
lision with the Courts of the United States
1t is only since the South has invented the
convenience of bringing in the Supreme
Court as the final arbiter of political ques-
tions, that it has discovered the sanctity Of
that tribunal. And now it is aware that the
game is so strong that it is only safe while
the stocked pack is in the hands of the
dealer, and that if ever Republican Presi-
dent gets the appointment of Court with
such expanded power, there is no remedy
but dissolution.
The Democracy and the conservatives ap-
plaud Judge Swan. Yet Judge Swan was
guilty of the same enormity which they
charge against Judge Brinkerhoff. He as
sumed the jurisdiction of the Ohio Court
over legal question which had been decided
by the Supreme Court Of the United States.
In that consists the rebellion; for jurisdiction
being conceded, there can be no rebellion
nor treason in the decision. But, throwing
out the negro, there is no county-court law
yer who will risk his reputation by holding
that the decision of Judge Swan was ON
sound, legal principles. We bear in mind
the pressure Of circumstances, and the ap-
prehension of a forcible collision between
State and Federal authorities, which might
influence a pure-minded Judge to refrain
from raising a question which had judicial
uCSlsiOuc Ou IL W nOlu uOWLj DuL
his decision, in brief terms, was that, as an
original question, the Fugitive Act might
not be constitutional, but repeated decisions
had settled the question.
We doubt if any thing but a fifteen
hundred dollar negro can make that
decision into a sound legal principle.
We are conscious that we are liable
to the charge o. introducing incendiary
elements into politics, in supposing
that any intelligence is necessary in this
judicial contest; but at that risk we have
stated its real position. Strike the negro
out of the play, and the position of Judge
Brinkerhof is eminently Democratic; and,
(which is more, it is Southern; and, (which
| is more" it is according to the resolutions OF
'9S; and, which is thing of no effect, it is
purely JefersOnian. But the negro can not
be stricken out, and that, of course, reverses
all legal and Democratic principles. But let
| the parties swallow the thing in its real
woolly shape, and not delude themselves
with the talk about independence of the
| Judiciary" or "respect for judicial decis.
ions" or obedience to the laws" FOR all
these are on the other side.
I