The Sunday herald. [volume] (Washington [D.C.]) 1866-1887, 1881-01-23
A PARTISAN JUDICIARY.

the North Worfc0a Reric,c Tor February IL inc one
by Senator John t. Morgan on rartlsansblp In the
suprcse ccurt.'' itbcains 10y showing the impor-
tancc Of the amendment to tie Constitution proposed
by Senator William rlnckuoy whyto to nS pcrma-
nchty the number OF Judges OF the Supreme Court so
that the composition " that body cannot thereafter
lie tampercd with 10y political majority Ton a tempo
raty or partisan purpose. Mir. whyte has given
btlcf history OF the ciangcs mddc In the n,imber Of
udges, by which 1t appears that seven times has the
subject tcc dealt with by statute and Ave times has
the number Of Judges been changed-tlc first act OF
isci diminishing tho nnm,er having been repealed In
is6e. senator Morgan debates that
Terc was scarceiy nm Instance IN this cutious egis-
lave history relating TO the Supreme Court, where
the reduction or inctease Of the number OF Judges was
| fined ahd clcai1y understood pufhosc 81 political
l.sttatcgy.
foiRtiha ciit ttot TIE danger now SO otpateut was
| moi go gtcnt IN cartier days senator Moigah tten
says
Congress aud the President, acting together for the
purpose Of building and confirming the strength Of
party, have taken control of the supreme Court and
viii only permit such men to sit upon that bench as
win make It their business to keep In line with and
sustain all party movements.
The present time is great epoch in the history Of
psS ,D o0l Srot,. M n a r'q d s S s dsss sGs %
have tetlted from tile bench Two Of them are ndw
Hqdeft anu most distinguished ircn cf that great
one Of the vacancies has been hiiut IN st,,ct ac-
ecrdance with the idea that the bench must be oecn-
pied by those alone who 'bcong to the Republican
party. II rs not expected that the remaining places
win be hlled with any other than the alest, wisest,
most fai.n," and most Jealous msmee,s as, OF tha
500, 900 people 4 he should select even one of the
Judges from the body Of the other 500, 600 people
who vote the Democratic ticket. Dr u tho Senate,
which Is bemociatic, and Is likely 10 ttmalh so Tor
four yeats OF longer, should decuc to advise aud
pencl tho ihet Vito tbirpbsc tte i,etidbtdn party
will probably consider that 1t was ah act Of rcvou-
| tonary hostility to the Government
Assuming, therefore, that the President will non-
nate only Republicans to the supreme bench, and
that the Democrats win consider It their duty TO adj
ence to the President, we VIII, within SIX months,
! have bench of eight Republicans and one Democrat,
and after that we shall be silenced In the supreme
Court as We will be ignored In the Senate, ", IN the
providence of God one of the Judges or either OF four
Senators should lie removed.
5 However good or learned great these four new
Judges may be, there not of them who will be
10 s berop S a%e
Ing and abilities. They win know that each OF the
ts flour %sn n Is nc, not gsats or better or wiser than
such places, and they will feel the full weight of the
fact that their selection is really owing to theil
fidelity TO the Republican party. Going upon til,
bench with this conviction, they will be more thar
men itthey maintain independence of thought and I'm
: Partially of Judgment.
/, II Is supposed, or rather twas supposed that maj
" who has been raised to the SUPREME bench would b
r This pay set be tte III bot of fact bit such is no
the Pninion Of the people. In other days. as well a
The bred Scott decIs!eh, the legal tender cases, TIN
lie decisions OF the Electoral Commission aid the
constituting the election laws, and the right to punis
State Judges obeying constitutional State statutes
have, in their turn, greatly impaired the coni'icnc
the Supreme Court. This Is deplorable fact and
n may be dscredtabe to the people, but the fact wou
't that the Supreme bench had been used by politician
means of dispensing rewards for political services
nn, as to E,s snn .n for
le held Congiesses ahd statrs and Presidents h,v
Used the sipEehe tenfh as constituting part Of tn
a anl the pfGtis hSye att!ralY exrecied that such
Of the judges S to Political power We IL III the
is the Supreme Court decide questions that affect til
fe prospects places political parties they at
A. open to the suspicion that they Influenced Il
personal consideration, that they serving the
party on the bench; Thsis not the fault of IL
people, 1t is the fault Of loose system of constu
tiona provision to control the number of the Judges
and Of a vicious practice in making appointment ih'
n sanss sapot. tS Sto'Is,d S tas % jsqge sV
ge service of the country only in judicial calling. The
IL are not thus eonsecrated to this high calling, b.
ne and are frequently drawn into political cdnrovers
ny that impair their influence and character as Judges.
nd The service of the Judges Of the Supreme Con
H. tile side on which they aligned themselves, was Il
most injurious misfortune that befel the benCl
OF since that event no American citizen has had dou
" that the Judges would stand hy their party in cvei
It's question that would materially affect Its success.
'al Judges Who are distinguished Tor thcr fidelity al
activity n party service tathcr than for tue qai
ami ami to Do IMPARTIAL S sSS to ali ali sn Si OF ali partes
Is No. to be eapette that the teefbns q the eott
T th sss sts a, sf I o. pest ' S,a af
Sc q % SG tssa ssn 1p pSsy r. h nIMsTs
In ap,,ran n tpt ta
fact and naturally attribute to the snSe Of temp
9TH tatlon what may be pure and DISTINGUISHED ac
H. concentrated the effort to political judcia
that viii be under party control and when i Is aeeor
III pllsed they ready to regard the bench mere
est part OF great political machine.
Is The dangers of a political judiciary TO the liberti
ss sf n EnS % m sss o
ee- the result of employment OF the Judiciary
"a execute the will of politicians
ell Nothing ever SO fierce, cruel, and unrelentli
fnr as Judge who sets out to serve political mase
'a Secured from all personal danger by the sacredne
3D. oftheir Offices, and having the power to condemn peol
nd to death who are, under laws, even denied t
st. rightof appeal from their decision, Judges who
200 than war, famine pestilence in country. Eve
or Pat,otlr heart must constantly utter the PRAYER IL
w aEety St is as ff o a to
:, duce this evil. In every State, aid III the Fele
e' Gcvefnnent in all appointments o Judicial oflc.
from Justice of the peace to the Chief Justice OF
rs United States, the political departments claim
Inn. right to MI the judicial departments with their henc
| nitH. intie 10 sSaiteiy 'AtcI'i"h h"t '"h
oes S All the other departments allowed to appo
cLs their 0n sersbrs and inferior Oncers but the pol
in ical departments exclde the judiciary from I
n privilege except to ht clerks Of tic courts III
the ac NC Ul and the Of the
the who turn appoint their deputies and bailifs Cn
'rl such conditions the Judges, whether State or FEEDER
ron must be, and are, the mere dependencies of the poll
lis cal departments, and 1t is marvel tlat they have
ap remaining sense of their independence and Of the
fc nifty Of their Offices The independence of party G.
v trD In questions OF political character Is almost
,r royed and it Is fol this reason that every judgn
noe they render lii srh cases Is ccnsured rs CORRUPT
, by party, Or denounced treason to party IA
,Sse BY the ctlef Whether their Judgments are Just
unjust the people trace Them back to the causes VIII
led to the appointment Of the Judges, and apProt,
de- condemn them accordingly; 1hls appears to be
e found with reference to the Judges, but that it is
orally true quite beyond denial and brief alls
to the facts which have forced them Into this unlia
iich conviction Will tend strongly to Justify the opini
er they have formed with very few exceptions, II
s77 deed there are any exceptions at all the judges
most have been members of tile same political party.
by It has been with reference to the district attor
neib and marshals. The most assiduois care has b
taken to keep the entire judicial department In
NJ. control Of the Republican party, and It has been
MI most faithful and efficient agency that party has
rles employed to conduct Its political movements 1t
tive taken charge OF elections and to carry them has
. rOrzed communities ana Staes as well rs indiyidu
ohs 1t has Issued DEGREES to disband Legislatures
ter organize others, and has summoned the Army
have Navy TO execute its orders.
tory This rigid policy Of excluding Democrats from
,n places connected with the judicial administration
no" the laws shows that It Is only the success OF
ces opposing party In holding power that Is
by TO be secured In the appointment OF the Judges
ture e,yn ueei M ~, " e io,e MI, ue @ @
"'e reenting control.
10 In That great conservative department In every Sta
one and IN the Federal Government without which,
that @ , na rlpn',Iin,, ova" In s,,,m, ,n,,a ,a y,
rst subordinate of the whose his
rger is 6led with crime and debauchery.
ary- The department which Was created for the purl
eed. tnr,sdct,o aXrrassv eytendeJ .'to Mi "a se
the law and equity arising under this Constitutions
will laws of the United States, and treaties made or WI
hese sna W haue mue' WI, ,'ei, w. , 40
q. and 10 controyersies between Two or more State
and to which is lntrusted the whole :" judicial po