New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-20
THE DEGPADAIOy or TIE BENCH"

TIE DEGRADATION or TIE BENCH"
Judge Z. lockwood Iloar, in his speech at
New-Paven Thursday NIGHT, opening the Re-
publican campaign in Connecticut, is reported
TO have criticised with some severity the
action of the Opposition in nominating for
CONGRESS- two iudgcs of the Supreme Court.
The idea of stripping the supreme bench for
men to send to Congress was offensive to
him. He did not think it just to the people
that Judges should go around the State dis
pcnsing Justice and at the same time he en-
gagged actively in politics as candidates. 1t
seemed to him. he said, TO be q degradation OF
the judicial Office that any man while on the
bench should ever have an aspiration Tor po-
litical Office. "Thii holding Oh to one oiiice,'
he is reported as saying, "til you get
"anothcr, reminds one OF Mrs. ParCington,
"who always made it point to get hold OF a
"nightcap before putting OFT the light"
We do not quite understand what there Is in
this business tlmt should remind Judge uOar
of Il widow lady who made 1t point to get
hold of nightcap before putting QUE the
light; unless perhaps the practice prevails
among the Judges female acQuaintanccs Of
putting out the light frst. Even then to re-
verse the order does not seem so very remark
able.
Bat aside from the illustration. Judge HOaT'S
very free criticism Of Judge La Faycttc ).
Foster for allowing his name to be useI as
candidate for Congress while he is y Judge OF
the Supreme Court could hardly have been
accepted by his audience as IN exhibition of
good taste. Holding on to one Office III you
"gct anothcrn might have been illustrated
without drawing upon character OF iic-
ton or travelling far from the plat
form on which the speaker was standing.
Our own political history has furnished in
stances of Cabinet officers holding on to their
Offices until their chief had nominated them
to judicial positions, though there have been
cases where disappointment has been occa-
stoned by failure on the part Of the Senate
to confirm such nominations. There have
been cases too III our more recent his
tory where gentlemen of very high character
have-if we may be permitted to borrow
Judge Hoar's illustration for a momcnt-en-
deayored to get hold of Senatorial night
cap before blowing out their candles in the
lower House. As TO the particular cases to
which Judge IIOar referred in his speech
those of Judges Foster and Phelps, who
are candidates for Congress whilo occupying
seats upon the Observation-Disclosures may be Judge
Uoar's fears of the bench being degraded
or the people suffering injustice on that
account, the citizens of Connecticut, who
know both gentlemen, have no appre-
tensions on that score. They know-as Judge
Doar might have known, had be taken the
trouble to assure himself as to the facts before
attacking the character and motives Of these
two gentlemcn-that neither Judge Foster nor
Judge Phelps is engaged actively In politics,
and that neither Of them could, under any
circumstances, be drawn into taking any part
in the canvass. Men VINO have known them
all their lives, in private and in public posi-
tons, as citizens and as public men, at the
bar and upon the bench. and in all relations
of life, to be men of sterling integrity and of
the highest and purest character, will not be
disturbed by any fear Of the degradation of
the bench through any act of theirs.
Judge Hoar is probably not unacquainted
with Judge Foster; with bis record as a pub
lie man and possibly with him personally. He
cannot help knowing that there Is nothing in
the public services or private character Of that
distinguished gentleman to warrant the very
unworthy insinuation and slur conveyed in
the New-IIaven speech. Judge Foster has
served two terms in the United States Senate,
has held representative positions very often,
and for many years been prominent IN public
life; but friends and opponents will bear tes-
timony to his singular abstention from the
arts and the management, and all the details
of what is called active politics. Ii he has
bcen conservative in his views when Others
thought the times called for radical and ex
IRENE measures, he has at least always been
above the shadow of reproach, pure, and his
most earnest opponents mover had the temer-
ity to whisper an insinuati0n against him.
He has for few years past dsnilied and
adorned the Office of Judge. IL is not ncces-
sary to say that he did not seek the nOmina-
ton for Congress. 1t came to him entirely
unsought, and he accepted. Neither he nor
his colleague, Judge Phelps, are taking any
part in the canvass. but both are attending to
their judicial duties as usual.
Judge Hoar need give himself no uneasiness
about the degradation of tne bench by any
thing these two gentlemen have done or will
do. We presume he recognizes the importance
of having men in Congress who are some
thing besides mere managing, appropriations
getting, office distributing, department-borin
politicians. We think we remember something
Of his administration as Attorney General in
dicativo Of this view II he wiz for moment