National Republican., 1877-03-16
THE SUPREME COURT.

Much has been written on the suOlect
of the participation oFmembers Of the bench
of the Supreme Court In the decision Of
the contest for the Presidency, and many
profess to see In II the end of the useful.
ness Of the court, asserting that the people
no longer have that respect and reverence
for It's judicial determinations which they
formerly felt, and without which II cannot
command the confidence of the country.
But now that the excitement of the occs-
sion has passed awiy, and the court again
proceeds with the business before il with
the same spirit Of harmony and mutual re-
gard as formerly, this doleful impres.
sion appears to be taking leave
of the minds which received H. and
better sentiment is prevailing. Even
Mr.. Justice BRADLEY is partially forgiven
the inns ginarv ofeuse imputed TO him Of
having been partisan in chief Of the Com.
mission, so far as men can find It In their
hearts TO be inconsistent enough to be
hone ST in their utteranccs, without reference
to previous declarations made in the hest Of
the strife. 1t was perfectly clear from the
beginning that the Nth justice was charged
with no greater responsibility than any
other member of the Commission, but
s,ill--probably with view to influence his
ac,ion--men stoutly maintained that what.
ever might be expected from the others,
Mr.. Justice BRADLEY was bound in con.
science extraordinary to adhere to equity,
and by his overbalancing vote determine
the scales to the side of justice. Absurd
as this theory was, thousands all over the
country embraced it. and from day to day
denounced 'phe fifth justice" as . judge
descended so low In infsmy that parallel
was unavailable to characterize his fall.
And now. after reflection and self,ac.
acknowledgement OF their error, like all
men who have injured others, they are
slow to confess 1t. If man has done an.
other an injury without cause, his heart, at
first prompted only to indorse unmeaning
bsbbling, perhaps, falls finally into malice
toward the person injured. and he is there.
after treated as If he had been the offender,
and not the sufferer. We have all OBJ.
served this, and can therefore understand
how it is that some Democratic papers
worked themselves into the belief that Mr..
Justice BRADLEY had com mitted a crime
against conscience by his procedure as a
member of the Commission, and how 1t is
now that they cannot bring themselves
TO public avowal Of the injustice
they have done him. But happily
his justification will not require
the concession at their hands, even though
at some future day they feel disposed to
make it. The judgment Of the world is
never with either extreme. but always
based upon the impartial conclusion Of
justice which lies between.
But while the court has lost none of its
lustre with the thinking public, who re-
fleet that Judge is only human, and that
if the Justices did divide on political lines,
they did so honestly, the same as the Sen
ators and Representatives did-while its
usefulness is not perceptibly impaired in
consequence OF recent occurrences it Is
not safe policy in Republican country
to legislate the members Of the supreme
judiciary OF the bench and into the public
arena, to assist in deter mining questio ns
which belong exclusively to the politi
cal departments Of the Government.
And for this reason 1t Is to be hoped
that the course taken in the presen,
crisis will not be adopted as . precedent
for similar occasion, or in any other
emergency of parties which may arise to
endanger the public safety. We opposed
the proposition from the FIRST believing
that 1t could result in no good which could
not be realized without the PROCLAMATION
We foresaw that the decision must depend
upon the political convictions of the mem
bcrs of the Commission, and protested tina,
it was worse than idle to subject the judi
cial branch of the Government or any par,
of it TO the doubt and suspicion which ever
attends and reproaches political action.
We are glad that no serious consequences
hsve followed the proceeding. but hold thA
this fact docs justify the departure from the
landmarks of the Constitution which it in
volved. The true principle is to turn th'
attention of the judiciary as far away
from the struggles at the polls and tn,
causes leading to them as possible. that th,
vision Of the judges may be LEFT uncloudet
with prejudice, and their sympathies uu
moved by popular impulse. The beuci
should be not only above suspicion, bu
beyond the reach Of contact with impurity
and, to maintain such level, 1t must b,
guarded against the approach Of the evi
influences which sway the baser throng
and produce just such disorders as recently
convulsed the country. There is comfor
in the reflection that before another Presi
dental election returns the wisdom o
statesmanship will probably have deviset
some plan which shall secure future eI
emption from such disturbances.