The New York herald., 1873-10-08

jurists prove that when they put on
the judicial ermine they put off the
garb of the politician. When we
reach the appointment of Taney we meet
with Chief Justices who were politicians of a
different stamp from that of Jay and Marshall.
We come to those who made a business of
politics, who were convenient partisans or
ambitious asprants topolitical office; tothose
who carried under their judicial robes the
politicians draggled garments. As Attorney
General of the United States Taney had sided
with President Jackson in his policy of remov-
ing the government deposits from the United
States Bank to the local government agencies,
and he was transferred from the Attorney
Generalship to the Treasury Department in
order to carry out this policy. Before the
question of his confirmation could reach the
Senate the deposits were removed, and his sub
President had been gratifed. The reward of
the partisan followed on the heels of the
service in the shape Of nomination
to the Supreme Court Bench; but the
Senate again snatched away the prize
When Taney was appointed the next
year to succeed Judge Marshall he was more
fortunate. The political complexion Of the
Senate had changed and the reward was con-
frmed. Judge fancy, it is true, won reputa-
ton on the bench as an able jurist; but his
extra-j judicial opinion in the Dred Scott case
was the peeping out Of the old politician. 1t
proved that his long judicial career had
neither eradicated from the mind of Jackson's
unconfrmed but useful Secretary of the
Treasury the pregudices of his Maryland
birth and his democratic training, nor cured
him of the politicians love of passing blow
at those whose political sentiments are at
variance with his own Judge Chase was a
scheming politician before he reached the
Bench and a scheming politician until he died,
and while in many of his decisions he evinced
gratifying independence OF political pre-
judice his restless ambition distracted his
thoughts from his judicial duties and sent
him disappointed and embttered politician
to his grave.
If the Chief Justice is to be again selected
from the partisan circle, either in payment
for political services, as in the case of Taney,
or from conscientious of political expediency,
as in the instance of Chase, we fear that the
Supreme Bench is destined to sink yet lower
in public estimation. The partisan of to-day
has neither the character nor the ability of
Taney or Chase A Congress tainted with
railroad corruption, weighed down by the
burden of back pay and bearing the brand Of
Credit Mobiler upon its forehead, is no more
likely to'furnish from its political majority a
pure and impartial Chief Justice than the
chain gang is likely to supply US with exem-
plary members of society There are citi-
zens who have been active in politics
whose qualifications for the position cannot
be questioned. Mr.. William NJ Evarts
has interested himself in political mat
ters, although he cannot be called q
leader, and like Judge Marshall has repre-
sented the United States in treaty negotiations
with foreign Power; and it is conceded that
he would make good Chief Justice. Caleb
Cushing has been q political leader, and no
one doubts his capacity for the Supreme
Bench. Judge Brady has been politician,
and is admittedly an able jurist Judge Dill
lon, whose legal works are text books with the
Bar, has been in political life; yet he was
taken from the Chief Justiceship of the Su-
preme Court of Iowa by President Lincoln to
be made Judge of the United States Circuit
Court, and his capacity for the Supreme
Bench Of the United States is unquestionable.
The politicians whose advancement to the
Chief Justiceship would be national
calamity are those who have learned
their lesson Of politics in the de-
Of selfish factions and in the corruptions of
a venal Congress-those who unite the
unscrupulous partisanship of Taney with the
restless ambition Of Chase The people protest
against the appointment Of any Of these modern
politicians to court which should be the
underlying strength of our government, and
their anxiety for a speedy appointment has
been induced by the apprehension that the
high and powerful position Of Chief Justice
is to be scrambled for in the foul pool of
Congressional intrigue and seized by sullied
fingers. 1t is in this fear that they appeal to
President Grant for prompt and fitting
nomination-for nomination that will give
additional strength to the foundation upon
which the structure Of our government rests,
and additional security to our national liberty
and to the rights and independence of the
States OF the Union.
The PUBLIC WORKS IN WASHINGTON are
stopped for the want Of funds The certif-
Gates Of Indebtedness, which have been the
only resource for months. cannot be converted