The New York herald., 1876-10-06
Mr. O'Conor's Address to the Rcpub-
lican Electors OF the State.


The friends and admirers of this great
jurist will rejoice at the evidence they will
find, on another page of to-day's HERALD,
that the illness which caused them so much
anxiety few months since has not impaired
the vigor of his faculties, nor abated the
force of his aggressive courage, nor blunted
the incisive sharpness of his style. He con-
tinues to write with masculine strength,
clearness, condensation and the touches
Of whitening sarcasm which marked his pro-
ducsions at the age of fifty. The only per-
sons who will not be pleased to see that he
is in full possession of his unrivalled powers
are those whom he scourges with relentless
severity in this remarkable address, which
will make sensation in legal and political
circles throughout the State.
It's primary purpose is to expose Mr.. Dan
forth, the republican candidate for Judge of
the Court of Appeals, and warn his party
against man who does not deserve seat
on the bench of our highest tribunal But
it is also an arraignment of the Court of Ap-
peals itself as false to its great trust and the
protection Of thieves The charges against
the integrity of that bench, which Mr..
OConor insinuated on o former occasion, are
now boldly made. His only ground of as
sault on Mr. Danforth is the fact that he has
defended the decisions and eulogized the
character of the Court of Appeals Mr..
OConor thinks he ought not to be elected,
because he would be judge of like char
acter with the other members of the Court.
His thrusts are really aimed at the Court Of
Appeals itself through the sides of Mr..
Danforth. When our highest court of JUS
tice is thus assailed by the most emi-
nent member of the Bar of the State the
people will look with wonder and anxiety
on SO strange spectacle. 1t would not be-
come us to express any opinion Of the justice
of Mr.. O'Conor's accusations There will,
of course, be warm replies by the judges or
their friends, and it is to be hoped for the
good reputation of the State that Mr..
OConor has treated the Court with undue
severity.
Mr.. OConor thinks that the decision of
the Appeal judges in the Ring suits deserves
nothing but scorn. ''They were palpably
erroneous" he says, 'in point of law, and
the reasons assigned in support of them
were, of course, exceedingly feeble" He
says, Doubts naturally arose whether the
decisions had not originated in something
else than mere error of judgment" He
throws doubts on the integrity of the
Court by stating that "two of the judges
had been greatly aided in the canvass for
their seats by election returns which were
false upon their face and which came from
districts notoriously under the control and
management of Tweed" He asserts it to be
fact that 1.-TWO other judges were nearly
related and were friends and intimates of o
similar set of notorious official delinquents."
''Thus o majority of the highest judicial
tribunal was found to occupy rather close
relations with two powerful sets of official
corruptionists. "In tribunal thus con-
stituted there seemed to be enthroned over
justice and the law, with capacity to sub
vert both, o judicial olgarchy. And there was
perceptible tendency to use that power as
shield for the immunity of peculators. In
relation to the habeas corpus decision which
led to Tweed's release from Blackwells
Island Mr.. O'Conor says 81 will
simply state, at my peril in the
estimation of jurists present and fu-
ture, that if any lawyer with ordinary
professional attainments, after perusing the
opinion with Brownies comment on it and
the authorities referred to in both, shall ever
pronounce that decision sound, it will be a
compliment to him to say that he is unfair.
Wilful wrongdoing may be repented of,
atoned for and forgiven; but for absolute
stupidity there is neither hope nor rem
edy"
Mr.. O'Conor tells the republican voters of
the State that ''Mr. Danforth, if elected, will
doubtless be very acceptable to his fellow
judges, and will be an administrator with
them of such Justice against peculators as is
now there in fashion" until he eulogized
the Tweed decision his fitness for public
station had not been perceptible to any OF
the political managers" His nomination for
Attorney General last year and for the Court
Of Appeals now ''had their origin in desire
to procure for official delinquents the bene-
fit of such law and such justice as are dis
cernible in that decision; or, in other words,
to perpetuate the oligarchy which is the pee
ulators shield.
If the character of our Court of Appeals
be such as Mr.. O'Conor portrays it it ought
to be abolished with the least delay con-
sistent with going through the forms of
amending the State constitution. We would
fain believe that Mr.. OConor is blinded by
his impetuous zeal against official thieves.
1t is impossible that this ruthless assault on
the Court of Appeals should remain un-
answered. Whether Mr. Danforth is elected
| or defeated seems small matter if the char
acter of the whole Court be such as Mr..
| OConor asserts. Unless his charges can be