The New York herald., 1873-09-23
The OpInion Of Vim. II. West, Judge Of the
Supreme Court Of Ohio.
The Third Term Movement and It's Uni
versd Disfavor Throughout
the West.
The Great Feudal System
in America.
BErLKrosrASr. Ohio. Sept. %. Il

the third term problem. Your correspondent
found him IN his library. surrounded by his books.
and quietly enjoying his after-dlnner cigar. was
cordially welcomed and Jur-e West expressed the
grown cot Of tne HERaLDs editorials upon ''cnsar-
szm.n Ne hsd evidently gisen considerable atten-
tion TO TIE legal and constitutional questions Of
the DISCUSSION and expressed has perfect willing
ness 10 converse. The following interview then
SoIowcds-
HxxAIp pcoKErspoxpKSr-fIo do the republicans
ofon,o REGARD the movement 90 confer third Pres
sdential term General Grant,
Judge wKsr-wIth unusual disfavor. so FAR as
have heard an expression. Unless public senti-
sn~nt shall he revolutiOnlked or clrcumvented, not
q adclegate Of ONO can be carried Tor u.
THE CONSTITUTION Eor ExPLIcIr ENOUGH.
HERALD CoRREsP0SDKSr-Is this disiavor based
on considerations of . personal characterf
Judge wEsr-Not 10 any controlling extent Con
siderable dissatisfaction prevails growing out OF
some approysls by the President at the close Of
the last Congress- Notwithstanding this think
the gratitude OF the people towards. and their
confidence IN, the President and are still
no great ana sincere that n he were standing
for a second term the great body OF republicans
could be easily carried for him. While. therefore,
A. IN true that the republicans OF Ohio might not
Sor any existing considerations make General Grant
Lshed In the reelection OF Washington and other
popular favorites. Advancement TO a third is open
10 objections which override all mere consldera-
tons OF gratitude or personal confidence.
HERALD coRREsrosDESr-The constitution must
then be supposed 10 interpose barrier 20 a third
termf
Judge wEsr-Not more than II does 70 q second
IL certainly contains no express inhibition, and
contemporaneous Interpretation, confirmed by the
cisive against any implied Interpretation.
THE EVILS or THE PRESIDENTS RE-ELIGIBurry.
HERALD CoRREsPoSDEST-Am l TO infer that
there are, independent OF constitutional impedl-
ments precedent ana considerations OF public
policy, controlling reasons Tor opposing the third
term sug2estionS
Judge wEsr-Tne very rravest. II is significant
that President has hitherto sought OF stood for
a third term. This cannot be attributed 10 per-
sonal considerations. In point OF ability integrity,
patriotism ana popular regard many VI the earliest
Presidents would compare fayorably with those
who have succeeded them. Re-engibility was re-
garded by them OF questionable proprety. and,
II carried beyond second term, might establish a
precedent iraught with consequences OF danger
and disaster. what the constitution iailed TO
check by positive provision they. therefore sought
TO restrain and correci hy the wisdom OF their
ample. So thoroughly sanctlned has become this
great precedent that the people look upon II no
less sacred than the constitution Itself aud yio-
lation as
sAcRILE9E NOT TO BE TOLERATED
with impunity. The plea tina Washington. Jefcr-
son and Jackson were solicited 20 stand for
third term Is worthy the purpose and the motive
that prompts 1t. Parasites and natterers Of
the dominant regime have existed under every
administration. Rendering to IL an homage com.
mcnsurate with their interest in its continu.
ance and their insignncance when IL shall expire.
1t is not surprising that they should urge ts per
petuation. From the example OF such abundant
precedents may be drawn by modern mlnions i0r |
soliciting General GRAFT To
CROSS THE FATAL RUBICoS.
Whether he snail yield TO the seduction OF the |
tempters and suner the slime OF their sycophancy
TO tarnsh his great fame or be governed rather by
the patriotic aud selIabnegating precedens ol his
illustrious predecessors the future VIII disclose.
Very many republicans look upon the principle Of |
re-eligDility AS unwse, and would regard any at
apprehensions. With the high opinion hitherto |
entertained for the purity OF General Grants |
psIros am & uhwns nn 20 pes'e NUN
and subecting his country To the strain VI danger
Gus experiments.
HERALD CORRESPONDENCE adduce rom your
observations that while disbelievlng the constitu-
tiOnal inhibition OF reeligibility you consider Its
existence as an incongruity In our political sys-
Judge WEsr-Unques stionably. Tnat the Presiden-
tal tenure is not restricted TO single term II the
fatal omission In system. 1hs is not surpris-
ing, for, the system being at its formation without
precedent III history, the practical workings O.
an elective presidency entrusted with the dis
penslng of more than imperial patronage could
not have been anticipated III all It's extent aud con-
sequences. But the experience OF less than cen
tury has demonstrated that the means and the
motive which the system combines Tor corruptlng
public virtue are wthoat historic parallel The re-
tention Of the
with which a President Is clothed constitutes the
motive; an army OF appontees holding posiuon
Sy grace waC i,s ana
OF the nation are the means. Add 20 these the
administration, members OF Congress who have
usurped the authority and assert the right 10 die
tate the local appoin tnents their several dis
trtcts which they look upon as patrimonial sat
rapies and the whole constitutes an army OF occu-
patton, compact, tenacious, vIgilant and
remorseless. Ambition does not willingly
scruple in the employment OF means 20 achieve
success. In q struggle OF doubtful proprety or
questionable popularity unscrupulosuness viii be
commensurate with the necessity for Its employ
ment.
THE EVILS OF BAD PRECEDENT.
Hitherto precedent has accorded 10 the President
second candidature without serious contest.
Extraordinary appliances have been demanded
only TO achieve reelection. Even this, however,
has worked lamentabe and alarming strain on
public virtue. Patronage II parcelled out 70 sens-
and devotion. 1t is bestowed as the consideration
OF ofpersonal and partisan vassalage. servitnde or
ostracism are the mild conditions OF It's distrlbn
tA0n. III these things are
THE FRUrTs or THE SECOND TERM
precedcnts what can be expected II they be over
stepped and q third and fourth be demandedy The
ambition that will disregard and trampe upon the
sacred examples OF the fathers will have resolved
10 make It's desperate venture succeed at all
hazards. IL Will have calculated 90 arouse, en- |
counter and overcome the determined resistance |
OF those who venerate the consecrated PRACTICES of
the kepublic and are unwilling 20 assent tnat |
Rome contains but one man, and, conscious that
THE GIBBET OF HISTORIC IoSosIsY
awaits Iailure, will await nothing TO avert the |
doom and crown with success Its desperate rc. |
solve. Having passed the Rubicon trlumphai entry
O the Capitol will be made though the wreck OF no
erty strew its progress II q second candldature
and sanctined by the acquiescence OF eighty years
Is not without It's corrupting tendencies, what may
be anticipated from an fnsatiate ambition grasp
ing Tor third candidature and term In violation
or these consecrated precedents. In defiance oi
tmmemoria public sentiment, In disregard or Just
popular fears that IL may be the beginning OF the
C0nnIct Tor permanent personal dynastyf
THE EVILS OF THE PRESENT.
n0tYOU-