Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1875-02-03
NO. As

- VI ANl NH NllO"hT
most of the States now elect their
Judges by the people, and parties meet
and nominate their candidates for the
highest judicial positions in their
State, and they are voted for because
of their known partisan atlinities.
This, however, does not detracJ from
the personal honor and integrity of
the Judge, thus nominated aud elect
ed, nor soil the judicial ermine which
they so gracefully wear. Aud no one
thinks anything less of the Judge per-
sonally, because he was thus nomina-
ted and elected as a partisan.
Now, what Is the case in our own
State We have Supreme Court
whose Judges for ability, integrity,
learning, morals and professional at
tainments, will compare fayOrably
with any Court, in any State Ia the
Union. Yet, we all know, and none
better than the Banner. that they are
all Democrats, Were nominated by a
convention of Democrats, voted for by
Democrats aud elected 10y Democrats
because Of their known political
sentiments aud party fealty. The
Banner sustaining them aud cOnstitu-
Ting part of the very large majority
of the voters of Tennessee, so that
the Banner Dor the people of Tonnes
see, can or ought to complain il the
President did appoint Judges because
of their known political sentiments.
This is not all. The present Supreme
Court have anuulled all the decisions
of their immediate predecessors, of
particular character, made on ques-
tons growing out of the late civil war,
aud no objection Is made tn this by
those who complain OF the President
for his appointments. Surely if it be
wrong in the President to appoint his
political friends it was wrong in the
people of Tennessee to elect their po-
litical friends TO seats on the bench of
the Supreme Court.
Still more on this question. Ii Is
said that Judges Strong and Bradley
were appointed with a view to the de
cisiOn of IA particular case. Not know
ing what were the Presidents private
opinions or motives were in appoint
ing those distinguished gentlemen to
! the seats they occupy, on a bench they
adorn, for the purpose of any argu-
ment, l will concede that he did, and
| that Congress in passing the
same, adding two more Judges
in the Suprme Court, had the same
thing in contemplation. And what
then? Why, he aud Congress did
| right or if wrong, they have the best
of Democratic authority as a prece-
! dent for the evil.
| Now for the Democratic authority.
| 1t is well known througOutthec country.
and no where better than in Nashville,
aud probably remembered by no one
better than the editors of the Banner,
that eX-Presideut Jackson carried on,
] Il hiy nd i1t rat
war against the Bank of the United
states, followed and aided by Mr.. Van
! Buren,, who became his successor, and
| by Mr.. Polk, as well, whilst a member
| of Congress, as prosecuting the same
| rigorous war after he became PIesi-
dent. We all further remember that
we had some difficulty with France
! during President JaCksOn's admins
| tratiOu, and that, by treaty, she was
! to pay us fifteen millions of dollars in
| four annual installmeuts. When the
! irst installment fell due, the Secretary
of the Treasury, with the sanction Of
! the President, under an act of Con-
! gre-s, drew on France for the amount
! then payable, in favor of the Bank of
! the United States. The latter cashed
! the draft and forwarded il for cOllec.
| ton. France refused 10 pay il on pre-
! sentutiou, and il was protested for hon
/ payment. The Bank claimed fifteen
! per cent. damages, which the Govern
meut of the United States refused to
pay. The Bank, however, in paying
! dividends Iu '.n Government on its
, -t..a, reta upl . much las would cover
/ tNr Gama-'- The Government
! brought sri' agyiust the Bank for their
diNIutud-, uIJd The latter pied by way
of set-otf, the damages claimed on the
I protested bill.
Alter these troubles commenced, a
. Democratic congress, during Demo-
cratic administration, added two
Judges TO the Supreme Court, and a
Democratic President, by and with
the advice and consent of Democratic
Senate appointed two Democratic JUS
tees to fill the two new seats on the
Supreme Bench.
| But 1t does not stop here. When
the case come up for trial in the Cir
| cult Court, there was "A verdict and
Judgment against the Bank. 1t ap.
pealed to the Supreme Court, where
| the judgment was reversed, the Court
four to three, one Judge having died
and one being incompetent, deciding
that the Bank was entitled to the dam
ages claimed. The case was remanded
for a new trial. On this trial the
Bank obtained its set-oH and the
United States appealed.
In the mean time, two of the four
Judges cOncurring in the former judg~
ment had died, and their places were
filed 10y President Polk, whose democ-
racy no one doubts, by aud with the
advice of a Democratic Senate, with
their Democratic friends and sup
porters of the then Democratic admin
| istratiOn.
The consequences were that the
former ts:is o. Vas aunulled and re-
ver-ed, the Court holding that the
Bank was not entitled to them. This
is certainly as strong q case as the one
of which the Banner complains. And
chat it is purely Democratic no one
can doubt.
/ have extended this article to q
! greater length than l intended. And
| / probably would not have noticed tie
article i'm the Banner, if the same
criticism mad not been made on the
floor Of the House of Representatives,