The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-12-23

owes him a great debt for the energy he
infused into military operations. There has
never been any difference of opinion between
his foes and his panegyrists respecting the
general type and structure of his character,
which is as far removed as possible from dis
passionate calmness judicial impartiality, and
reverence for strict law No man could be
more out of place than such hasty, violent,
imperious zealot on the bench of the Supreme
Court. Law has been aptly described as
treason speaking without passions" but this
new-made Judge, who is appointed as a
minister of the law, is q signal example of q
mind in which passion bears constant sway.
1t would be easyto present a long catalogue
of instances in illustration of Mr.. Stanton's
total lack of the judicial temper; but let
one suffice. We select this because it is one
in which the object and intended victim of
his hot malignity was an illustrious soldier
and patriot, whose great services should have
shielded him, if anybody could be shielded,
from the rash judgment and blackening accu-
sations of the Secretary of War. We of
course refer to General Sherman, whom Mr..
Stanton attempted to ruin within a week or
two after the assassination of President Lin
coin, when Stanton was virtually the head
of the Government. Nobody can have for
COTTON the poisoned daggers with which the
War Department then stabbed the reputation
of that great and tried soldier. The tele-
graph was at that time under military
supervision; not despatsh relating to army
matters was permitted to leave Washington
which had not undergone Mr.. Stanton's CEN
sorship. The telegraph was then suddenly
converted into great engine of calumny to
diffuse the impression all over the country
that General Sherman was o traitor SO
damaging was this calumny, coming from
such a source, that even Mr.. Bancroft was
misled by it, and denounced General Sher-
man in his funeral oration III this city on the
occasion of the Lincoln obsequies. The very
worst of all those malignant kilograms was
furnished by Mr.. Stanton himself, namely,
the notorious despatch which General Hal
leck addressed to Stanton from the South
(whither Stanton had sent him to look after
Sherman), saying that he had given orders to
all the generals to obey no order issued by
General Sherman, and accusing him,
among other things, of conniving at the es-
cape of Jefferson Davis across the Mississippi
with the gold of the Rebel treasury. That
despatch would have remained a secret in the
War Department if Stanton had not mali
ciously published it. Its publication was not
necessary to the public safety even if the
accusations contained in it had been true. 1t
could serve no purpose, and was intended to
serve no purpose, but to defame and ruin
General Sherman in advance of any defense,
or any hearing, or any opportunity to rebut
the calumny. 1t is needless to ask whether
the man who thus tried to blast the reputa-
tion of General Sherman, without waiting to
hear his defense, possesses cautious, judi
cial turn of mind, or is in any respect fit Tor
Judge.
1t may be asked in wonder how President
Grant, who at least knows that judge ought
to be cool and impartial, and is friend of
General Sherman could have appointed such
81 man to the bench of the SuDreme Court
The truth is, that General Grant made the
appointment under Congressional duress.
All the Republican members of both houses
united in pressing this selection upon the
President and he dared not resist. He wanted
his friend, Mr.. Hoar, confirmed, and knew
that if he refused to appoint Stanton Hoar
would certainly be rejected by the Senate,
nate in Stantons place would proba-
bly, share the same fate. He was
coerced into making the appointment against
his Judgment and inclinations. And as if to
show their contempt of their submissive
slave, the Senate confirmed Stanton at once,
the moment his name was sent in, and are
still keeping Hoar in dubious and almost
despairing suspense. Considering that it is
one function of the Supreme Court to decide
upon the constitutionality of laws, nothing
could be more arrogant and impertinent than
for Congress to dictate the appointment of
judges who are to review its own acts. BY
suffering this dictation, General Grant surren-
| ders both himself and the judiciary to be tools
of Congress, thus aiding that body to break
down the division of powers established by
the Constitution, and make the will of Con-
| gress supreme.
Mr.. Stanton is not only destitute of q
judicial temper, but he is himself a deeply in.
terested party in many of the suits likely tc
come before him for trial. There is yet 6
multitude of unadjudicated questions arising
out of the late war and involving the pro
priety of much of Mr.. Stantons officia
action. In all such cases he is too deeply
interested as party to be fifty intrusted will
the duties of judge. In his dogmatic anC
biassed mind, every such case is decided be
fore it can be brought to hearing anC
argued. The most solid adverse argument
will make no more impression on him thai
q Democratic speech in Congress makes upoI
a Republican majority when they have de
cided in caucus to pass some particular bill
1t is because Congress knows that Mr.. Stan
tons mind is immovably made up on the onl
class Of questions in which Congress feel
much interest, that the Republican member
insisted on his appointment and forced Gene
raj Grant to make it, With such men on tn
bench, it is of little consequence whethe
the Supreme Court is stripped of its consti
tutional jurisdiction or not, as the case
are all virtually decided by the interest sue
judges have in clearing themselves.
CORRUPT INFLUENCES IN PRISOl
MANAGEMENT.
From the NJ Y. Times.
We understand the Prison Association, O
one or more of its members, is preparing
off fha VA, t,Nf