New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-23

TIE SUPREME COURT IN POLITICS.
II needs nothing more than very slight
reading Of the history of the Constitution ID
show the extreme care with which the founders
of our Government tried to separate the JUDI
ciary not only from the legislative and esecu.
tive branches, but from the influence OF the
partisan feeling which rules IN the selection OF
Presidents and lawgivers. In the mode OF ap-
pointing Judges, in the permanency OF theH
tenure. in the constitutional provision for their
compensation, we find evidence OF the extreme
soictude OF our fOrctathers to shield the iiide-
pcndencc of the judiciary and keep 1t ON Oh
the political atmosphere. In republic Slich as
that o. the United States the tendency OF all
public emplovmcnts is 10 become partisan en-
movements. and IL was felt that whenever the
corrts were constituted upon partisan con-
sidcratian, their independence would be i'll the
most in ninent danger
Thee wise considerations the Compromise
bill ignores. Senator EdmundS explained III
his sp( coh in defense OF the bill that the iour
iulges FAMED as members OF the tripartlte
commission had been chosen because they
represepicd different sections OF the country.
But whatever may have been the mental pro-
cesses of the Senators and Representatives
who made the selection, the public, to man,
believes that Justices Clifford. Field, Miller,
and Strong were singled out because two OF
them are Rcpuhlicans and two are Democrats,
and the theory of the compromise is that these
four gentlemen Will select for the remaining
member OF the board one of Their associates
whose political opinions are as nearly as may
be vague and unsettled. Up to The present time
the country has felt no concern respecting the
politics of the Supreme Court and comparatively
few Americans even know what the political
predilections of the different members Of that
body are. or indeed whether they have amy.
But from thc day the Compromise bill becomes
a law this happy state OF things VIII DE
changed The complexion Of the Supreme
Court will thcuccforth be one OF the leading
questions in practical politics. The party
affiliations of Il Judge may reverse the results
of Presidential election, change an admin
istration, alter the whole policy of the nation.
Even granting that the commission has been
constituted in hi, case upon non-pollilcal con-
siderations, we NAY BE- SIRE no an'"in'mc1ts
will be made TO it except for poitlci asonS
in future, and that no one bu; Il 81 parry
man will ever a4ain be elevate, &, the Supreme
Bench
The degradation If tie Supreme Court,
which must fo!'0" r)oncr or later when 1t
becomes the object OF party intrigue, vii! he
a worse evi. tlan quarrcls over disputed
election. Generalization on the bench inev-
itably works its way downward. Corruption
in the upper courts inccts the lower. What
ever imDair' the integrity and inparIality OF
tie Judiciary wcakcGs the popular respect for
law and shakes the very foundations of the
public peace. Senator EdmUndS made Use OF
a striking illustration the ether day in urging
the importance Of settling the dispute as to
the Presidency by distinct law. just men,
he remarked often feel that Il judge or jury
has not decided rightly in cause in VI icl
they are interested, but hey would defend
"w til all their power the Judgment that they
"belirvcG to be wrong because without that
"ciyil institutions cannot exist" And 1t Is just
this respect i0r the courts and the regular
operations of the law which makes one Of the
chief differences between the United States and
Mexico But we can only preserve the law
abiding, law-rcspccting character of the
American people by preserving the separation
between the Judiciary and the party caucus.
If we would realize how rapidly even IN
American community can degenerate when the
courts are employed to execute the purposes
OF a political fiction and perform the functions
of returning board, We have only to look at
Louisiana.