The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-05-09
RADIOALISM IN THE SUPREME
COURT.

COURT.
special dispatch to the New York Wor
fom Washington, D. O., dated May 3, d
scribes q remarkable and very interestin
scene in the United States Supreme Court, {
Follows
scene of a somewhat remarkable characte
occurred in the United States Supreme Court K
day. For once the political feeling OF certai
members of the Court, which is usually coEfine
10 the council-room, broke out in public, an
sharp words were exchanged onthe bench whic
spectators. The occasion Of this unusual ebuli
ton Of feeling was the delivery OF the opinion Q
the majority Of the Court by Justice Strong il
the case OF the Union Bank OF New Orleans va
She Mechanics and Traders Bank,
The former institution loaned the latter larg
sums OF Confederate money about the time tina
Gen. Butler took command, in 1862. A few day
after the transaction Butler issued an order for
y bidding the circulation Of the Confederate none,
y on and after the 26th Of May. The borrowing
4 bank rendered payment in Confederate notes
s and the Union Bank refused to receive them, de
& manding United States money. Butler had is
e sued an order establishing Provost Court, o.
q which one Major Bell was the presiding officer
h the case was dismissed. Two or three
: days after it's dismissal Butler ordered
Z the Provost Court to rehear the case, and, in
effect, to decide in favor Of the plaintiffs
When the defendant attempted to cite the Law
in obstruction OF this process, Buffers judge in
formed him that it was no use to read the law te
him as he was acting under orders from his supe-
rior. The decision Of the case by the majority
turned not upon the question Of the payment Of
the money, but upon the legality Of the action o
this trumped.up tribunal, which Justice Strong
sustained in an elaborate opinion, declaring that
Butler acted as the representative Of the Federal
Administration, and that his right to establish
2 court followed from the right OF conquest.
This decision is an ultra partisan attempt to
sustain Buffers action in New Orleans.
When Justice strong finished, Justice Field
followed with long and most ably written dis
senting opinion, which he read with vigor, man
Of his manner. He showed clearly that Butler
had not the shadow Of right to establish any
thing more than . common police court, and
that the orders of President Lincoln and the
previous decisions Of the Supreme Court made it
unquestionable that this was the extreme juris-
diction Of the military in dealing with civil
offenders during the war.
Judge Field alluded to Butler in terms Of
sharp sarcasm and declared that he well knew
that he had no such authority as he then as
sanctioned. Justice Field has dissented from
the opinion of the majority in several cates in
which they have previously made decisions show
ing q political bias in favor Of Radical rule. but
day. While he was reading his opinion all the
justices turned toward him to listen, and Justice
Strong grew very red in the face.
At the end Mr.. Field announced that Justice
emit, and did not hear the arguments in the case
Justice Strong replied with much asperity that
Mr.. Bradley did not dissent from the opinion of
the majority, to which Mr.. Field made further
remark soto uoce, which was not heard by the
bar. The decision of the majority, it will be OBJ
served, not only confirms Buffers right to estab-
ish court to take cognizance of civil cases, but
to reverse the decision Of his own court by q
military order when it did not happen to suit him.
The judges Of the Supreme Court having a
Life time tenure Of their seats, long period
must elapse before the political complexion
of that tribunal can change. Men who 60
upon that bench carry with them fixed ideas
upon all that pertains to constitutional con-
struction. The bias of a majority of the
justices of the Supreme Court is now very
strongly towards antique Federalism and
modern Radicalism, combined in about equal
parts. This political character is quite ap-
parent whenever case is before that court
in which the rights of State are in question.
or whenever any act Of q military or civil
official of the United States, committed in
pursuance of the war policy of the United
States Government, is involved. So far as its
goes, it will favor centralism. Home |
rule, the strict Limitation of the power Of the |
government by the Constitution, and the |
leading doctrine Of Democrats on other points, |
will find no favor in the eyes of the Su-
preme Court, as now constituted, and as
Il must remain as long as any five
Of the present occupants remain upon the
bench, and that will probably be as long as
they live. We are not sufficiently acquainted /
with the personnel of the Supreme Court to say
how many of the nine justices are of the
Radical school of politics, or have been ap-
pointed since the beginning of the term of
Hr. Lincoln, which means the same thing;
but the majority are decidedly anti-Demo-
cratic, and they give very distinct and visi-
,le bias toward nti-Democratic ideas and
In the high and pure atmosphere Of the
Supreme bench, politics, political proclivity
md partisan Partially or prejudice ought to
70 unknown. When jurist, eminent for
lis learning, renowned for his judicial talent
md trusted for his tried and proven virtue, is
ound out in spite of his modesty and by a
loble exercise Of Executive sagacity is raised
o the highest and most important public
rust known to our system of government,
Nth q salary sufficient for . comforta-
lie subsistence, and with the GER
ainty Of having the position as
ong as he may desire it, we are authorized to
xpect that he will never more allow any +,
'artisan sentiment to interfere with HE judi I
ial opinions. While men are toiling in pain i
o rise, their hopes and fears will give tone to i
heir utterances and color to their opinions; t
ut after the pinnacle of their aspiration is !
cached and their heads are raised to the gilded 6
LIQUIDS Of their ardent dreams, it would seem
hat they should have no further wish than to '
how themselves worthy Of their snccess hv | Z