National Republican. (Washington City (D.C.)) 1872-1888, 1881-10-12
Not a Democratic Justice.

We see an occasional plea for the APP
pointment Of Democrat on the Supreme
bench. So far as partisanship goes it is
to be hoped that Judge Clifford's sue
cessor will be man rather Of sound con-
stitutional views than of active political
habit. But we beg our Democratic con-
temporaries not TO cherish the hope that
the President is SO easy to be entreated
aS TO make it worth their while to
attempt the task of securing for the
bench man imbued with the spirit Of
the resolutions of 179S-'99.
When complaint is made that the
court is now Republican We hope moth
ing further is meant than that its
members believe in the Republican
doctrine that the Constitution and
constitutional laws are the supreme
law ofthe land, and that cases arising
under the same are TO be decided in the
United States courts. 1t is to be hoped
that we shall never see another Justice
of the Supreme Court who believes in the
right of appeal from decision of that
tribunal to State convention. The idea
of selecting Democrat who denies that
Congress may at any time by law make
or alter" regulations prescribed by
State Legislatures concerning "the
times, places, and manner of holding elec-
tions for Senators and Representatives
is not likely to prevail in the
filling of the present vacancy. We know
OF no Democratic or Republican work to
be done by the court, but we do know
that the more perfect union of the States
established by our National Constitution
can best be perpetuated by court in ac-
cord with the views of Madison in 1881
when he explained away the notification
and secession elements in his resolutions
of 1893, than by one in accord with the
letter of those resolutions or with the
spirit which prevailed when they were
adopted.
Queer old resolutions of '9S! How the
old Democratic warehouses have pranced
and paved and neighed and arched theii
necks, clothed with thunder, as they have
heard them read. In 1858, when the
California Legislature authorized tn,
publication of Digest Of the Laws, the
compiler deemed his work incomplete
until, in addition TO the statutes, he hat
inserted the Constitution of the United
States and the Virginia and Kentucky
resolutions aforesaid. Venerable errors,
born of q noble aspiration for the propo-
gandism of political freedom abroad dur.
Ing the administration of the elder
Adams, revived in the interest o.
slavery and cotton in 1882, and thirty
years later burned as heretical in
the flames OF n civil war which their
teachings had brought upon the land
Let no glib-tongued or nimble-p -penned
modern Democrat dream that they can
over again be represented in the cour
of last re ort. Democracy in ordinary
places means places and little else. But
on the bench, if the man is learned and
true to his party teachings, it means the
past and its political errors. What the
Catholic church is in religion the Demo
cratic party is in politics 1t neveI
repeals a syllable of it's creed. Ad
ditions there may be retractioni
or corrections never. 1t Is al
things to all men 30 far as receiving com.
municants goes, but it trusts none who
act with it from any other cause than
real belief in its foundation dogmas
When Democrats say they want Judg'
of the Supreme Court the wise one
among them mean that they want
Judge who will be the first installmen
of new court like TO the one which de
Clared Dred Scott TO be beyond its pro
lection, or that of any other court, be
cause God had given him skin whicl
in free America proclaimed him an out
law. 1t can never be.
The complaint of Capitol Hill resident