The New York herald., 1874-10-10
Attitudes of the Disagreeing
JuriStS Reviewed.
Criticism Of O'COnOr and
johnson.
The President Freer to Do Right Tow
ard Louisiana Than Before.
BALTIMORE, Nd, Oct 9, 1874.

as both are conceded 70 be, such as Charles
O'Con0r ana Reverdy Johnson, differ on point
Of public law, IL becomes US OF the outer lay werd
cautious in the expression OF opinion, II not
absolutely silent With this reserve, then, do we
speak. In one relation OF the matter we are con-
scious Of our ability frankly to express our opin-
ions. and II we side with the stranger rather than
with our own jurlst no one will impute TO US any
other than the hndest personal feeling toward
him with whom we direr. The New York press,
or that portion which has spoken, inclnes TO Mr..
Johnson. No one win hence blame US for a favor-
ing feeling TO Mr.. OConor and his views. But
first word as 10 the different attitudes, both IN
the past and present, Of the men.
We cannot better describe Mr.. O'Conor's posi-
ton than by adopting the NEW YORK HERALps
vigorous sketch, each line Of which is expressive
of the subject:-"Mr. O'Conor," says this ad-
verse critic, "looRed upon secession and all the
events resulting as the unhinging Of the American
system. His mind was 80 severely logical; he had
knelt at the shrine OF the constitution with sim
devotion that the infractions OF the supreme
law which the suppression OF the rebellion made
inevitable filed him with pain From this he has
never really recovered. Better that the Union had
fallen to pieces on the rocks OF extreme consti-
tuti0nasm than to i've as It has lived-the ex-
preston OF legislative shifts and party expedl-
ents." And then, as II involuntarily, the HERALD
our public Affairs II we had more statesmen ike
Charles O'cOAor." To us who also think the war
was not merely the 'unhlnging," but the disloca-
tion Of the federal American system as created by
the constitution, such portrature is very capttyat
ing Our tOwnsman. Mr. Johnson, would however,
be very sorry 70 have such portrait painted Of
him. His mind Is logical or he would not have
been able TO command his great professional sue
cess, but it can hardly be said to be severely SO.
He, too, has worshipped at the shrine Of the con-
stitution with 'aitn sincere.n but in the inter.
walls OF his devotion he has gone out and mingled
with pubiicans and sinners, who sconed At all
reverance for organic law The New York desotee
would have perished At the stake rather than hold
communion with the ungodly ana compromise hts
conscience. Our mild, intermittant worshipper
was not little unlike Gobel and him OF Autun
and other secular priests OF the French Revolution,
who went to mass and yet on occasions offered
incense to the Goddess OF Reason. MI. Johnson
held high ONCE under Abraham Ltncons military
Governor OF Tennessee, and received instructions
from William II. Seward
During the war Mr. O'Conor's silence was an
eloquent protest against all the wrongdoings.
When occasion presented for him to protest
against specific outrage he did so, and when it
was over he. with other men as brave an he, one
Baltmorian now honored by federal promotion,
volunteered 10 defend the President Of the ianen
coniederacy. II our distinguished townsman
ranged himself publicly by the side OF Roger B.
Taney when In the case OF Merriman he dened ex-
| ecutive WILL II when the chosen men OF Maryland
were Kidnapped and plunged tn prison to rot there
for fourteen months he raised o voice or finger To
avert their doom, we certainly never heard OF II.
Brave Philadelphia lawyers went to Boston to try
BY judicial process to rescue one Maryland prisoner;
butwe never heard ofanyBaltimore Intervention for
Ral man han
trast, which is to the credit OF the New YORK
I jurist. Mr. O'Conor has been relatively O re-
served and silent man. Meditative as he Is BY
nature, he has either in his modesty shrunk from
obtruding his opinions or, In self-complacency we
cannot condemn, thought the public incapable OF
appreciating them. Rarely has he spoken, though
when he did, always with effect as when he de-
nounced the Greeley folly-or. more recently, gave
his views on the science OF government Not 30
our Maryland 'Jurist" There is hardly subject
on which We have not been favored with Mr.. John
sons opinions, always plausiply and forcbly put.
He was or seemed to be the Deus eI naachtnd,
even at the Fifth Avenue Hotel when General
Grant was talking to the speculators about inna-
ton. He now volunteers on the Louisiana ques-
ton.
Such being the individual teachers-and We
have endeavored to run the parallel fairly-it Is
naturally matter OF moment TO weigh the Opin-
ions they incucate. When Mr.. JOhnson's letter
first appeared we intimated modified dissent and
now Mr. O'Conor's letter, as 1t were, comes to re-
inforce our doubts. The point OF difference may
be easily and clearly stated. Both agree that KeI-
logg is not, except BY force OF federal Executive
recogniuon the lawful Governor Of louisiana,
and that Grant made grievous mistake in 80 n
sideriDg him; but they differ as to the nnality OF
that recognition. Mr.. Johnson, with character
istlc tendency to vigorous and persistent Ex-
ecutive action and reverence for Presidential
judgment once formed, thinks there can be no
change. Mr.. 0'Conor repudates utterly this
notion OF hnaty and cannot conceive why Presi-
dents, like other toks, may not change their
minds Mr. Johnson holds to the faith stat
pro ratione pOlu,ltGs. Mr.. OConor, perhaps
sarcastically, asserted the honest common
sense doctrine that the President, himself
convinced that it is so, is for all time,
during this term and 1t may be the next, II q Kei-
loggs usurpation were SO long to exist, pound to
manta It.? Is 1t meant II General Grant were
to die tomorrow, and that nonentity, the Vice
President, were to succeed, that he is bound by
his dead predecessors wrong decision If he hap
pens to think 1t was wrongf Nay further, is It
pretended that the present state Of things ccntin-
ing, democratic President would be compelled
to send troops to the Kelloggs OF his hour when In
his conscience he knows there was no cause for
an appeal to him All this results from
what we are compelled to term the
Baltimore tory doctrine OF prorogation
that II President finds himself misled, entrapped
into an obvious olunder, especially IN the perilous
case OF Intervention In state matters he owes s
to his own character TO set himself right. Even
kings, who do no wrong, DO not always act on Mr..
Johnson's courtly principle. The HERALD, COM
mcntng on Mr.. o'Conor's theory, sees peril not
only in the change OF one mans action but what
might occur were there to be change in the
Executive. 1t is easy to see which OF these pol
itical theories will be most acceptable at Head
quarters. The O'Conor dogma is disturbing one.
The President knows az well as anyone that he
made fatal mistake for himself his party and the
country in recounztn0 KelloOu. Rut he knows.