The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-31
The New York Tribune" upon the
Pennsylvania Campaign.

n
Pennsylvania Campaign.
THE New York Tribune volunteers a criticism
upon the manner in which the Republicans of
this State, as it charges, are conducting the
judicial canvass. The idea of the Tribune
seems TO be that the decisions of judge on the
, benoh-should not be called in question, nor
made ground of opposing him at the polls.
Thus it says that Judge Sharswood's decision
against the oonsttutionality of greenbaoks
HWas purely legal decision, which, whether
right or wrong, was made solely upon Judge
Sharswood's understanding of the law" 1t
adds:--
''The formal decisions Of eminent judges upon
points of law ought not to be banded about in
appeals to popular passion. The purity and
honor Of the judiciary are more than party
triumph If the decisions OF a Court are TO be
the subject of party strife, and debated in stump
speeches, we may bid farewell to an indepen-
dent and fearless Judiciary.
With the politics OF Judge SharsWood we differ,
and would have the Pennsylvania Republicans
oppose him on political grounds, but on those
would never willingly see judges, sworn to
honestly administer the law, held responsible
for their decisions by either of the political
parties"
We think if the Tribune had adopted these
views at an earlier day, it would have saved
itself many hot and furious diatribe against
the late Chief Justice Taney and the Dred
Scott decision. 1t might even now moderate
its tone concerning Judge Cardozo, of its own
city. Suppose this latter judge were candi-
date for re election, would not the Tribune
oppose him on the very ground of his deci-
sionsH Suppose the Office of Chief Justice of
the United States were an elective one, and
that subsequent to the delivery of the Dred
Scott decision the late Chief Justice Taney
had been a candidate for reelection, would not
the Tribune have opposed him on the ground
Of that decision Would it then have main
tanned that "the formal decisions of eminent
judges" ought not to be canvassed before the
people, and that judges ought not to be "held
responsible for their decisions by either of the
political partiesY"
The Iribune'SI theory is an unsound one.
Political questions finally settle themselves in
the shape of laws, and thus pass before the
judges. The fundamental law of the Consti-
tuition is constantly before them for interpre-
tation, and our most important political ques-
tions grow out of different constructions of that
instrument. Now we aver that the people
have right to their Interpretation Of the Con-
stitution, and whenever judge decides con-
trary TO this Interpretation of the people, they
have good and sufficient ground for setting
him aside, and putting another man in his
place. And in selecting men for the judi
ciary, what better criterion of their views on
constitutional law can be found than the deci-
sions which they may have already rendered ?
Now, the people of this State believe in the
constitutiOnality Of the act of Congress making
greenbacks a legal tender for debt. Judge
Sharswood does not. The honesty of his
opinion makes not the slightest difference in
the case. The people are entitled to choose a
Judge who interprets the Constitution as they
do, and the fact that Judge Sharswood does
not do this is good ground for opposing his
election.
During the war our Democratic judge
decided the draft to be unconstitutional. Ii
was a pure question of law with them, a.
much so as the greenbaok question was wit
Judge Sharswood. Theywere State-sovereignt
men of the Calhoun stripe as is Judge Shars
wood and they decided the question accord
ingly. Does the Tribune pretend that thi
decision was not legitimate topic of party
discussion, and was not sufficient ground for
political action on the part of the people
The Tribune admits that Judge Sharswood
should be opposed on political grounds. -
But what are political grounds in the case
of judge Are they not his opinions upon
political questions And do they cease to be
political grounds by being put in the form of a
judicial decisionY
The Tribune has most singular way of
helping its political friends. We remember
how it helped the Republicans of Illinois in
their great Senatorial contest in 1858. Thew
have remembered it, too, ever since. It pro
fesses to favor the election of Judge Williams.
II it really does favor his election, we hope II
will take less equivocal method of showing
that fact than by the publication of articles
like the one upon which we have been com
menting.
Sheridan Removes ThTOckmOTt
Iov,a,Dn,,, TorYNaoN will bava IN hurry mn MAJ