New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-18
eovrRNMENr OF THE PEOPLE.

!
racy by party which really distrusts tn
people than the continued hostility to tn
will of the people. Republicans are stig
matized as Radicals" OF course all VIII
favor "a government Of the people for tn
! people, are radicals. Their apostle
Thomas Jefferson. was. in the opinion o
the aristocracy Of his day. the worst sor
of an agrarian-a sans euIo'!e. radical
! According to the trades against this grea
tribune of the people. Jack Cade was
! conservative in comparison with Thomas
jefferson. Tie Republican party have
| but carried on: al! of his principles. ar(
! ys. they are daily denounced by JeHefsc
MAN Democrats. and rep:oached witt
radicaiism. The rejection Of Hon. Calef
| Gushing is & strong evidence OF the &C
inow'edged power OF the people in direct
! ing the government. It was regarded ar
immense triumph when General jackson,
who lad the high attributes o: a Democrat.
i! claimed to be q representative OF the peo'
! pie. He maintained the doctrine that the
executive wa, responsible 20 his coHstit..'
! ents-the nation. The executive then
exercises a popular attribute in nom:'
mating Judge. and as the Senators. axe
! also representatives o: the people. ard
! bound to carry out their will. the Judiciary
Of the United States is q popular depart
| =, ~ In Statac f,ns,rb thl
former is not as directly elected by the
people as the latter.
It is therefore tina: . judge cn The S7''
preme bench Of the United States is
bound to conform his political principles
to those o: majority Of the people who
elect him. We should, in Justice TO the
dignity OF the bench. vary the proposition
and say It IS, for the reasons stated. tina:
the nominating and confirming authori.
ties should select only incumben:s for the
judicial department who concur in pc
litical principles with the great const;.a-
ency whose agents they axe.
J. may have seemed to casual obserra.
ton that politics should 40: enter into
the selection Of Judge. yet it is proper
that such should be the case. cor other.
wise the political enactments Of :: legis.
lature might be perverted or annulled by
the rulings OF a Judge who. after all, IS 10
more apt to be right than any legislator Of
equal integrity and knowledge. W. do
rot, Of course. use the term "political' in
partisan sense. Nor do we intimate that
any man protesting the faith OF donli.
nant party would be thereby qualified 70.
Judicial duties. Rather than this. a va
cancy en- the bench until a competent man
be found. But in i majority Of the Amer.
can people can always be found - man
combining identity of principle with that
majority and proper judicial qualities.
moral, mental and doctrinai.
Whether this popular choice Of a.,udse
be in accordance with the theory Of sep
arated powers or MOI. it IS the principle OF
selection in the United States. Indeed.
wien wa trace baci. the history OF the
most eminen: ornaments Of ;udicia! s.a-
lions in England er america. we rarely
find = case in which the judge has differed
from the power that appointed bin. in his
theory OF the goyernmon: .lnler which ne
was called to administer justice. Bacon
was : Judge under needy and avariciou;
king and !. .roiiig.te courtier. Sir MAJ.
thew Hale was brought up il Puritan
principles. Ec TOOK no part in the POI
tics of tn. period anil they were se.-
tied. when be signed the solemn league
AMI covenant. tried 20 bring about SET
iiemen. between King Charles and Par
lament. and was ultimately made Judge
in the commonwealth Of England by com.
mission from Oliver Cromwell. On :he
restoration he was made Chic. Justice 9.
England. This judge thus coafoymei his
polit:ca! opinions % the doctrines OF two
opposite parties. !eG:e:s executed the
Will Of q cruel and ,apacious iesyo.. ard
M..sieid was as true q Terry as George
ln Under our own government .cderai-
lists made appointments from men whose
construction of tie constitution conform.
ed to their own. Republicans and Dem.
ocrats did the same. II Judge fancy. 8
man personally beyond reproach. :uied in
favor Of the right of property III man.
Judge Chase, whose reputation is equally
pure, and whose bust will occupy niche
in our political Pantheon alongside of his
predecessor. Judge Ta.ey. reversed the
doctrine Of his predecessor. and estab.
lished an opposite political principle. We
do not. therefore. undeystan! tina. the
Withdrawn: Of Mr.. Cushing'' nomination
vas c:rse1 entirely by letter .: in.
PRODUCTION. ~ co:ameIdatioA o: /:
person 30 :Ic G...:ie. q. public
enemy. Tina. may hay. had its il.
iluence. but its tenor merely confirmed an
already existing suspicion. The indications
of opinion given by Nj. Gushing have
been adjudged by the Republican Senate
Inconsistent with Che doctrines maintain.
ed by that party. and therefore he could
i" more have sA.ec'os: confirmation that,
co;..L The eide. .s:a:.s have sspcste.! :.
jHdie:a! nomination by Thorn. Jefferson.
~ . confirmation q. III. heni. q. II lie.
publican Senate. the withdrawal OF Mr..
CnsAin.s ao.nina::o.. i.o'es the ss:ab-
iisileI power .: Il. American people.
Ih;, v:gor now .e.nea:s. every depart
men: Q! the government. The Withdrawal
a. Ii. i,I1sIi,nn.s rn,na ,.iI.. ihrora a