Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-10-08
ELECTIVE JUDICIARY ILLUSTRATED.

peals of the State of New York. being the court
of last resort in that State, has recently rendered
decision in some cases involving the question
raised to the constitutionaiy of the act Of Cen
gress declaring Treasury Notes legal tender
The majority of the court affirmed the constiu-
tionality of such notes, but two of the Judges on
the bench-Denio, the Chief Justice, and Mr..
Justice Selden-dissented from the decision Of the
majority. Both of the dissenting Judges evident
ly acted In obedience to the most solemn convic-
tons of conscientious duty in Withholding their
concurrence from the opinion of the majority.
After stating at great length the considerations
which had Influenced and determined his decision,
Chief Justice DEMO concludes his opinion in the
following words:
shall be well satisfied if majority of my brethren
and the Federal court which decision will Ultimate
ly be reviewed reconcile the legislation which the
defendant challenges with reasonable Interpretation of
the Constitution of the United States 1t not be de-
med that it constitutes part of plan of public uance
which, whether wisely organized not it extremely
important 10 the present crisis to maintain il it can pro-
perry be done II my sense Of duty would allow to
decide the as should wish the law under the cir
cumstances at this moment to be, l would unite in
Judgment which should establish the validity of these legal
tender notes. for the preservation of the Federal Union
which is said to be concerned is the ardent NAV
say passionate desire of my heart; and one think
honestly pretend that this be accomplished except
by the vigorous employment of the armed of the ma
tom and to that purpose the realization and expenditure
OF immense pecunary resources plainly indispensable
No man can have stronger of the absolute cause
essness nay the utter wckednes, Of the iusurrecton
than that which entertain of the duty of every citi
zen, whether in public Office private station Of yield
ing to the constituted authorities upon all questions Of
policy and expedency not only implicit obedience but
sincere and generous confidence and cooperation But
we are placed here to determine the law, under
stand it to be- in the controversies which brought be-
Oh trT,.t
could unite in judgment affirming the constitutional
validity of the legislation in question, believing must
that its provisions are epugnsnt to the letter and spirit of
the Constitution ?"
In the opinion Of Chief Justice DEMO, and in
the reasons for it, Mr.. Justice Selden concurred
Now, it SO happens iu those political divisions
which obtain even among members of our courts,
Chief Justice DEMO is known as Democrat, while
Judge Selden is Republican, and not only
Republican, but candidate for reelection to the
same Office on the Republican ticket now pending
before the people of New York 1t is under these
circumstances that the New York Tribune holds
the following language in regard to his eligibility
as Judge:
No man who Knows Judge seden viii harbor doubt
OF his perfect integrity II bis opinion does question the
power affirmed by the action Of Congress the premises
be that it is his conscientious conviction that
the power does not exist But while thus do Justice to
his motives we have duty to perform to our country.
We read in the Federal Constitution that The Congress
shall have power to coin money regulate not
merely declared the value thereof and Of foreign coin
and that No State shall make any thing but gold
and silver coin tender in payment of debts aud hold
that here is first the broad power to coin money and
regulate its value conferred Congress- and next
limitation imposed the action Of the States in regard to
paper money which would have been extended to that of
Congress had such been the intent the Convention And
it will be very difficult for to vote for
TEEN and trust thoroughly Judge Seden if he really
denies the power in question Al the recent Union State
Convention broached this subject to certain Of the
Rochester delegates stating that ahoat that
Judge Seden might feel constrained to pronounce the legal
tender act nshutiona and that, il such we're the
fact ought to be known TO the Convention We were
assured that such intention his part known
his es rends-so that the we had heard must
be unfounded. All doubts being thus removed Judge g.
renomnatsd without dissenting voice Had it then
and there been known that he would pronounce against
the legal tender act it might have been otherwise; for
decision the Court OF Appeals broadly denying the
stutonaty of that act would have given terrible even
though but temporary blow to the whole fabric of business
and credit beside tending strongly to parayze the efforts
OF the Government in prosecuting the war for the Union
No one appreciates more sensibly than We do the
great shock which would be given to the public
credit at the present juncture, If the Court Of last
resort should be compelled, in obedience to its con-
scientious convictions judicial duty, to pronounce
against the constituonaity Of the quality of legal
tender impaired to the Treasury note currency by
the Legislation Of Congress. But there is some
thing which ought to give greater shock to the
public conscience than any that can result from
considerations Of material interests, and it is the
lamcntable deterioration of political morality de-
veoped by fact like that which the Tribune con-
fesses when it says that this honest Judge has, in
degree, justly forfeited the support of his own
party because he has made a decision according to
his conscience and when it adds that if such
result of his honest convictions could have been
foreseen, he would never have been placed in no
mination by his political friends, The public 10
apprized of the humiiatng fact that at the late
Republican Convention the editor of the Tribune
" preached" this subject to certain of its members
supposed to be informed as to the precise opinions
which would control the mind Of Judge Selden in
approaching the decision Of this question: and it is
added that call doubts" of a dlsagreeable kind
were removed by the representations then and there
made on the part of his friends and he was
cordingly re-nominated without dissenting voice
'fhe anomaly Of mn I" elective Judiciary" holding
Office by the tenure of political favor rarely II
ever placed in light which more clearly betrays
it's deformity. The inquiry made to test the quail
ifcations of the elective Judge in New York il