The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-26
The Absurdity of Excluding Politics
from Judicial Contests.

press that it is grievous ofFense against pro-
priety, a violation of the sanotity of the
emine, for any political party to endeavor TO
introduce politics into judicial contest. We
are told that the minute we allow partisan
spirit to enter into selection of judges, we
do away with the very essence which should
pervade a court and vitiate the very inten-
tiOn Of seat of justice; that, in fact we should
look to the capabilities and not to the senti-
ments of candidate, and select the Bench
from the most talented and most upright
members Of the bar. We have been told
this with so much assurance, and with such a
confident air that we were being informed of
an axiom which no one could dispute, that a
great many of our journals have been hushed
into silence by the very audacity of the oppo-
sition. Remember, however, that sound
argument, and not loud voice and
assured manner, ought to carry conviction
We not only do not grant the PROPOSE
tion laid down by our opponents, but we
emphatioally deny it to be true. We say
distinctly that politics should enter into the
selection Of Judge, and that there is no post
more important to have officers with correct
political views than on the Bench From
this assertion we do not except even Congress
itself. It is more important for the coun-
try to have Bench with views thoroughly
loyal and thoroughly impregnated with love
Of freedom, than it is to have a majority of the
National Legislature. And it is more important,
so far as our State is concerned, to have cor
rect judiciary than it is to have Republican
State Legislature; for if the Legislature
should pass an unconstitutional law, the Judi
eiary can declare it imperative if the rights
of the people are infriDged, the judiciary can
cut the Gordian knot and relieve the injured;
it can be the great bulwark which is to protect
the people and to advocate the advancement
only of the true principles of liberty. But if
the courts be against us, all our Legislative
majority can do us no good. Righteous laws
can be declared unconstitutional, and there is
no appeal. Laws necessary for the advance
ment of the people be set aside, and obstacles
be placed in our path which will nullify the
popular will. If we lose the judiciary we will
have lost the best part of our victory. We
will be left powerless.
1t does not necessarily follow, because we
say that it is of vital Importance to secure a
Judiciary whose views coincide on the great
questions of the day with our own, that we
mean in any respect to favor partisan judi
ciary. The necessity is well expressed in our
platform, when it says, 'That, warned by past
misfOrtunes, we ask that the Supreme Court
of the State be placed in harmony with the
political opinion of the majority of the people,
to the end that the Court may never again by
unjust decisions seek to set aside laws vital to
the nation, nor imperil the safety of the pub
Lie securities, nor impair the operation of the
bounty, pension, and tax laws, which were
required for the public defense, nor in any
way thwart measures which were essential to
the public protection; but that, on the other
hand, ii may become and remain fit and
faithful interpreter of the liberal spirit of tn
age-a bulwark of public faith and an impair
tial and fearless exponent of the equal right
of man."
We do not desire partisan Bench, but
because we favor judge sound on all the
great questions of the day is no reason that
he should be partial or prejudiced. 1t is
necessary that he should have political OPT
mons. We can find no man suited for the
post OF judge who has not strong political
~ ConVlcuons; and as he must entertain some
- views, why not have them favorable, rather
than opposed to our ownl 1t is idle and tool
Ism 70 tel us that politics should not enter int.
aJudlclal contest. Politics must enter. The,
cannot be excluded. Every Judge must b,
either in favor of the great issues Of tho HON
or he must be opposed to them: an1 of ,ut.
vital value it is to have him favorable i
needs but moments glance to show. T.l,
the case of Judge Sharswood's decision on N
question of the legality of the United State
notes, or "greenbacks." Suppose that Il
Judge had held the position on the supreu
Bench of our State to which he now aspire
and the Court would have been constitute
as il will be if he be elected, so that with hi
might rest the balance OF power, and in
position he had delivered the opinion he
ON the question, and thus have made it
decision of the Court. What would have be
the effect The great State of Pennsyl
MIA would have been placed in opposit
to the financial policy of the United Sta
Government. The notes of the United stat
would have been refused by the Democra
and Southern sympathizers. They would hi
ceased to be passable as legal-tenders, and
- I,o