The New York herald., 1873-10-08
The Powers and Responsibilities OF
the Supreme Court-Thc Chief JUS
ticeship in It's Political Aspect.

many Vi tue prlnclpal capltaiS tnrouSnoue lho
world are always objects of attraction to visit
ors; but few of those who look admiringly
upon the graceful superstructure bestow a
thought upon the foundation on which it
rests The architectural beauties meet and
please the eye; the solid masonry that sup
ports them lies hidden in the ground, out OF
sight and often out of mind. Yet upon the
| strength of the foundation depends the secur-
ity Of the building, and the best skill of the
faithful architect is invoked for that portion
Of his work which yields him the least return
in outward show The Judiciary of the United
States is the foundation which holds up
the beautiful and harmonious structure
of our government, and unless it be
kept sound and strong the structure must
fall to the ground. The executive and legis-
lative parts of the fabric are those which at
tract the most attention, because they are
more constantly brought before the public
eve by popular elections and by the ordinary
business of administration while the judi
| ciary only looms up when some grave ques-
! ton of constitutional law is to be decided.
| Yet as the good architect insures the safety of
his ediice by the care and skill he bestows
upon its groundwork so We should be cautious
that neither recklessness nor wilfulness be
suffered to undermine the judicial part OF the
government upon which the superstructure
rests 1t is on this principle that we have SO
persistently urged, and shall continue to urge,
upon the people the importance of making
their voices heard in the demand for the ap-
| pointment of Chief Justice of the United
States whose legal attainments and personal
character commend him for the high position,
and upon the President the duty of selecting
the successor of Judge Chase from the many
able citizens whose qualifications are unques-
toned, without regard to political considera-
tions or personal friendship
! The words of the constitution are sufficient
to prove the important position which its
! trainers intended to assign to the judiciary
in the structure of the government ''The
| judicial power shall extend to all cases in law
and equity arising under this constitution,
the laws of the United States and treaties
made, or which shall be made, under their
authority; to all cases affecting ambassadors,
other public ministers and censuls; to all
eases of admiralty and maritime jurisdiction;
to controversies to which the United States
shall be a party; to controversies between
two or more States; between State and
citizens of another State; between citizens of
different States; between citizens of the same
State claiming lands under grants of different
States and between State or the citizens
thereof and foreign States, citizens or subjects.
In all cases affecting ambassadors other
public ministers and consuls, and those
in which State shall be party, the Supreme
Court shall have original jurisdiction. In
all other cases before mentioned the
Supreme Court shall have appellate jurisdic-
ton, both as to law and fact, with such excep-
tons and under such regulations as the Con-
gress shall make" Language could scarcely
bestow power more comprehensive. 1t en-
braces the right to decide upon the laws of the
United States, and all questions arising upon
their construction and in a judicial manner to
carry those laws into execution. 1t rests with
the Justices of the Supreme Court and with
them alone, to finally determine whether the
enactments of Congress are in conformity with
the constitution or in conflict Herewith, and
hence their authority reaches to the very root
of our governmental system Their determi-
nations are binding upon all the States and
cannot be resisted short Of an act of revolu-
ton. The appellate jurisdiction given to the
Supreme Court ''both as to law and fact
overrides the trial by jury in cases to which
,otfn ,1g
the people against unconstitutional laws
and against arbitrary acts on the part of the
government and it's agents is found in that
high tribunal. 1t alone insures security to
political, personal and municipal rights. It's
strong arm can check the mad career of
partisanship and guard the other branches of
the government against encroachment on their
privileges and powers. The Supreme Court
then, is in reality the foundation upon which
the government is based, and no prudent
citizen should weary of laboring to restore its
purity and to preserve it free from political
faint.
No person would be foolish enough to argue
that because q man has political convictions
he is on that account unfit for the Office of
Chief Justice. Every citizen who has hereto
fore filled that position had been previously in
political life, and most of them had been
recognized leaders in support of the admins
tration from which they received their appoint
ments. man without political opinions
would not make good citizen and would not
be likely to possess that general information
and that breadth of intellect which are not
among the least important qualifications for
the Bench. John Jay, the first Chief Justice,
versies and had been political writer before
his elevation to the head of the Supreme
Court, and he was subsequently made candi-
date for political office. John Ruttledge, who