Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1876-12-28
THE SUPREME COURT.
Opposed to Acting as Umpire I'm Politics
interview with One of the Justices.


Interview with One of the Justices.
Washington Cor New York Trib mel
The disposition indicated by Senators
and Representatives of both political
parties to make the Supreme Court of
the United States tribunal for the ad-
Indication of questions growing out of
Presidential elections is viewed by MEM
bers of that high judicial body with ev
ident signs of apprehension. The emf
nent jurists who compose the court have
conferred with each other upon the SUBJ
ject in an informal manner, and have
uniformly agreed that such action on
the part of Congress is to be treated with
disfavor.
In speaking of the subject within q
few days, one of their number, whose
opinions and experience are entitled to the
highest consideration, said that he sim
cerely trusted that Congress might find
some other solutic of the Presidential
complication than a reference of ques-
tions of dispute to the Supreme Court
of the United States that the three CO.
ordinate branches of the Government
should be preserved in their respective
powers, privileges and duties; that to
refer the questions as proposed would
be equivalent to depriving The court Of
its present high position In the conf
dence and respect of the people, and to
give it the character of q political tn
bunal that the fundamental duties of
the court are Judicial, to pass upon laws
passed and approved by the joint exer-
else of the defined powers of the legis-
I Iofr nd al <~< =.
Government, and for that reason it is
particularly essential that they shall
keep aloof from political contro-
versies. He said that on political
questions about one-balf of those
xerci sing the elective franchise are ar
rayed against the other half, and there
fore whatever might be the decision of
the court, however Just and impartial, at
least ore-half of the voting population
would regard their action to greater or
less degree in a partisan light that in
the heat and excitement of party antag
onism the political complexion OF the
court would be subject of public COM
ment and speculation. He said when
this point is reached then the court viii
have lost its exalted place in the respect
of the people. He cited several instances
of semi-political character, in which
the action Of the court as to the impair
tiality of its judgment was questioned,
the most notorious being the Dred Scott
decision, upon which those of the gen.
Grafton of that day still living have not
even with the lapse of time lost the
force of their hostility toward the court.
He said that he made no reflection
upon the action of the court IN that
case, but simply alluded to it as an in
dication of the state of popular feeling
at that time, and of the severe blow
which the consideration of the question
gave the court In the estimation of the
members of one OF the great political
parties of the day. He said that ques-
tions of q semi i-political character fire.
quentiy came before the court In one
way or another !; but questions growing
out of Presidential elections are purely
political. He said that the court never
stood higher in the confidence of the
people, and every member of the court
desires to preserve this satisfactory re-
lation to the Government aud the pso-
pc. He admitted that the complica-
tions on the Presidential question are
not trifiing in their nature, and viii re-
quire great forbearance ON both sides
to unrsvel them, but said that he had
gross condolences Ia fhe GOOD scnse.
sound judgment, and patriotism OF the
people, and that these impulses guiding
the American heart will go further to-
ward permanent pacific solution of the
question than courts or arms.