Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-06-26
chases Eleetionser;ng Teur-A Re
publican View OF the HumiIintiug
SDccracle

SRcCtacte
From the Boaalo Commercial, fRep.ll
Among all civilized nations it has como to be
recognized rule Of judicial proprieiy, that those
who wear the ermine should scrupulously abstain
from mingling in current political controversies.
aud should hold themselves sloof from all er
pressions Of opinion or action in regard to them
which might warp their possible Official opinions
or prejudice their Official action IN any manner
To such an extent has this idea prevailed, both
ia England and in this country, that the elevation
Of an Individual 20 the bench has always been
regarded as efecting his withdrawal from eyery
other branch of public life; AID j, became not
only improper but insulting, 10 publicly nterro-
gate him upon any partisan issue. As the arbi
ters OF the most sacred rights OF the people. the
judiciary hive ,4ci,ly hedged themselves in with
discreet insulation from popular influences. 10
order % ensure the most rigid impartislily. The
higher the judicial position which was occupied
the more necessity was supposed to exist for such
a course The mistakes or designed injustice oil
subordinate Courts are easily Teot6ed upon ap
peal but the Courts of dernier resort are more
absolute in their DEGREES than the Law. ms kn
power itself Hence il has always been sought
10 remove those who sat upon their benches
! from the remotest possibility Of undue influences
by removing them a. far as possible from the
people.
under our Constitution the bulwark OF our liber.
ties, the inal arbiter OF the rights of individuals
a. we'll "a States. Hitherto il has been invested
with peculiar dignity, amounting almost "a
sanctty 10 the eyes of the people The puresl
aud most learned jurists Of this or any other ma
ton have adorned il at the same time that they
have enriched the worlds jurisprudence. jaw
Marshall, Story and Kent are names OF which
the nation sre Justly proud and they have scorned
the idea of having medded in the least with any
current question which could possibly come be.
| fore them in official capacity.
AS much as we have admired the honesty oil
| purpose. and the great wisdom which have char
scterzed the previous political record of the pre-
sent Chief Justice of the United States; and not
withstauding the fact that his ideas upon the re-
sultng issues of the late rebellion harmonic SO
closely with our own, We yet cannot resist the
conviction that he has widely departed from the
established landmarks Of judicial propriety in
his recent tour through the South. To Us it Is
humliaiing spectacle to see person occupy
ing his exalted position engaged in making g
political pilgrimage. making speeches. writing
| letters and expressing opinons upon vital ques
tons which may and doubtless will speedily be-
brought before him for final adjudication.
| lie is a spectacle that should make Us blush for
the reputation of that exalted tribunal, and on
which makes painful contrast with its high ira.
dtions. Ii cannot fail to strike the jurists oil
| England with astonishment. and to lessen the
| future respect and authority with which Ameri
can decisions will be quoted in their courts TIC
say the least. il is grstuitous and dangerou:
| breach OF decorum and established prophecies oil
judicial action AS such, we have been panied
almost beyond expression, that it should have
| occurred
Ii is peculiarly unfortunate that 1t should hav,
occurred at this time The people. both North
and South, are divided in opinion. in regard &c
the legal results Of the war, and Of many of tn,
measures which have been adopted ia carrying il
on TO its present successful termination Chic
Justice Chase has in many Of his utterance.
practically forestalled his own judicial action in
regard to them, and has weakened, if not de
stroyed the effect and dignity of any decision h,
may hereafter be called upon TO make. He ha:
already declared extrsjndicially the Federal rela
tons Of the States. and the status of the freed
men, with an eager haste which, from such lips
borders OH Aippancy.
AS we said before, we agree with the Chic
Justice in almost all that he has said; weadmir,
him politician and a statesman, but W,
would much rather have seen him more careful
OF the ermine once so worthily worn by Johr
Marshall We think he has needlessly violated
the prophecies which should have hedged bin
about in his great Office