, 1870-04-04

| FROM Qt ttk4f I Gfk 1F1buHe
The LegaI-TendeF act WAs lately Adjudged
by the Supreme Court OF the United States,
| not binding. Is 10 obligations incurred prio1
| to its passage. The question had been con.
sidered with = ae1iberation worthy Of its grave
importance, had been argued in various fo1ma
no less than six times before the court, and
had been held under 4dyisement nearly OF
! quite two years. It was finally decided By a
full bench, five ont Of the eight Judges ito
| which number tho court WIS then limited BY
| law) uniting in the opinion OF the Chief JUS
tiee. II ever AL opinion Of this highest judi
cial tribunal was entitled, By reason of care in
its formation OF delbe1ation in it's utterance,
to the respect Of the whole country. this one H.
| Since this decision Has announced, changes
in the composition Of the court have placed
two new Judges, fresh from the practice OF
their profession - advocates, upon the bench.
Already it IL announced tilat thu carefully con-
t'idcrt1l opinion Of t~o months ago Is to he
| reconEidered on = new test caae and ; decision
! forced within the single month teft for the
present session Of the court We make no
objections. The Supreme Court has not been
wont to make haste in displaying such con-
tempt for it, OVID saiudicasons. but that is, in
! large part its own concern.
Two thinga, however, we have right to de-
| msnd, and the issue il Of such no,uentous I'M
rortArce that we shall take good cars that
involves the recuniarr liabilities of powerful
railroad and other 1noneyed corporations. We
insist that no one hoavily intereatcd in them.
either as stockholders or as !nng-retained coun-
sel. can, without gross indecency, sit in the
trial. II taises questions lately nauch discussed
among membeFr Of the bar. We insist that no
one. fresh from the bar, can, After haTing a.
ready, ~ All advocatc, oppressed decided opin-
ions concerning the points nov TO be ttied, ait
as Judge on their trial.
In tho univcreal alarm concerning the
purity Of our Judiciary. We have been accus-
foFnpH IN frf1 In fhH NYnranna C1urf n
refuge from the prevailing corruption. Let
cur Judges look to it that they do nothing to
cause even the st1adow Of suspicion to fall on
their high office.
Yesterday, Attorney General Hoar made An
argument. in the Supreme Court, to show why
the late legaltende1 decision Of the court
should he reopcned. He urged, in 1rief, that
the LeGal-Tendar act wrs passed BY large
majority Of Congress- and approved by tho
President; that it has bee,n substantially
aequiesced in by the people for eight yeArs;
that an immense amount Of contracts lad been
settled upon it to the great loss Of creditors
that the statute, with but ono e1cep-
by every State tribunal: and that the decision
OF the Court was made when there were two
vacancies Oh the bench, and virtually by the
judicial opinion Of Zone man." the vote being
four TO three He pressed the reopening Of
the question because it concerned great mass
cause it seemed to him to involve funlauen-
tai principle, namely, the powers Of the gov
yerument. 1t seemed to him it would be bet
ter for al parties concerned il the opinion in
the leEaftender case could be changed
This il to he regarded as the drst step in 3
policy much more important in its bearings
upon the government and laws Of the coun-
try thnn IL generally supposed. The request
OF the Attorney General is rcally the request
OF tie administration, baeked up By an in
HrGnffn1 tSE}ffiraf and h1Nnriyt
There may be party reasons for securing
reversal Of the decision, and ut the eame time
the application is doubtless prompted BY
sincere conviction Of the inoxpediency Of the
Judgment; upon high grounds Of national In
] tioes e1pespc5 g1 ~ Of e ths DECISION a' the.s aa
may be those who agree with the views
held by the administration and there may be
Is nnany who differ. Be this as it may, it must
lie remembered that the Supreme Court III the
under the constitution for the final arbitration
OF all questions. No administration (Which il
merely tile executive Of tho laws and not the
adjudicator} IL competent to call in question
the decision Of the Court. The opinions Of
the President or Of the Attorney General upon
in legal point Of view. than those
of the hnmblcst citizen, and have no more
claim to heard there Indeed. a remonstranee
from the agent Of the Chief Magistrate has an
which makes it 1cea tolc1able than The inte.-
ference OF the private citizen. However,
tcmnraliziug 70 Law il might be Tor the highest
tribunal Of the land to nullitv ita owl de-
cieiona. get it may be that occasions might oc-
cur when such course would be proper.
But At whose instigatiou should such re-
versa1 he made? At the request Of the citi-
gen who goes there for the awards Of Justice
hut never on the demand Of the law agent
Of mere executive officer, though he b.
the highest official nf the government It II
for lthe court itself to consider, upon th.
presentation Of . case involving the question,
whether its former decision vss erroneous
The two new Judges hare been cfosen upon
their ascertaiped opposition to the decision:
and interference hy tho President with the
shaping Of Judicial opinion to that extent IL
quite AZ much 1T decency a1ows, II once the
precedent he established OF the Administration
debating to the Supreme Court and seeking tn
qualify its decision, there IL an end to all
respect sor Law, and the first step toward rev
p1utiQn il taken,