Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-10

III mas DeeQ suggeol6u Andt II hO0Au &c
eminently proper for the President to MI
the vacancy on the Supreme Bench OF the
United States. caused by the death OF
Mr.. Justice Clifford. by appointing
Democrat OF recognized integrity ana
conceded ability. or course, this is not
demanded Of the President, who can, II
be pleases, nominate partisan Repubh-
can. But many Republicans. and al
Democrats, would be pleased to see
Democrat put on the bench.
The Philadelphia Press, noting the
proposal Of Judge Thurmsn's name for
the vacancy, comedies his eminent fit
ness to serve the country in some re-
sponsible position, but dismisses him as
unsuited for the Supreme Court because
Of his old fashioned Democracy. 1t goes
on to say that entire bench
Of jurists holding the views OF
Judge Thurman would be out
of place, and that, as we do not want
bench so constituted, the appointment
of Judge Thurman would be detTI-
mental. It urges that the strict con-
struction method of interpreting the
Constitution is obsolete, and that
those who hold to it have outlived their
usefulness. 1t says that If Hamilton and
his followers failed to give US a govern
ment such as they desired, such gov
eminent has grown up and cannot be
argued away.
We should lie sorry to believe that
what the Press so positively asserts is
true. We should be glad to see Judge
Thurman or any other Democrat Of like
integrity and ability on the bench, and,
unlike our contemporary, would con-
slider 8 full bench Of such jurists pre-
cisely what the country needs. We deny
that such q government as Hamilton
wished for has grown up or is likely to
grow up.
We imagine that Jefferson would
have no difficulty in recognizing the gov
eminent Of to-day as pretty much the
same as the one he guided We cannot
believe that John Jay or John Marshall
would find, whatever they might think
Of the tendencies Of the Supreme Court
as evidenced by some Of its recent de
cisions, that anything hsd been learned
Of the spirit of the Constitution that
hey were not acquainted with.
Undoubtedly, the war amendments
and the high handed legislation that was
framed, oslensibly for their vindIcation,
lut really to maintain party supremacy,
Afforded opportunity for the majority Of
LincOln's and Grants Judges to air their
peculiar notions of the powers Of the
Federal Government. Probably, the
most important Of the recent judgments
vas the LEGAL tender decision, and that was
suborned. Every one knows how it was
procured. At best it was but the rati
acation Of an Illegal act, and there is no
Republican Of influence who would set
IL up as a warrant for q fresh issue of
sreenbaeks. In all the election cases,
Of which that of Cruikshank may be
aiken as q type. the weight Of law and
reason was with Clifford and Field, and
ne legal mind OF the country is with
them.
We confess that the majority of the
Supreme Court is as plant as partissns
could well desire But the example set
by Chase, who fell away from the party
hacks, and Of Davis, than whom there is
no ADLER champion Of States rights, have
-'aughl the people to be slow in accept
ing the doctrine Of a strong govern
ment" We were close to the Brink of
me chasm, which confronted the Repub-
&c, but the plunge was not taken, and
We are now happily removed from it
The mediOcrity of tie Supreme bench
s, perhaps, the best assurance of our
safety. The men that ill it will never be
n advance Of their party platform. and
IS the old war feeling is dying out, so
viii partisan legislation fall into diSuse.
The amendments are welded to the
organic law, but they need not
a line of legislation for their
yindication. There is no prescribed
race, and the negro's vote Is as valuable
to one party as another. The people of
he United States are welded to the gov
eminent their fathers framed. A strong
government will never prevail here.
The Supreme Bench, light though it be
N calibre, will do justice between man
and man, and, though it may do the bid
ding Of party for s season, the time viii
come when a "stalwart'' will be out of
place upon l. 1t is in the belief that his
presence there would hasten that time
that we would rejoice to see a Thurman
i'll the place Of Clifford.
Our contemporary alludes somewhat
contemptuously to Mr.. Justice Field,
whom it views in the light Of an apOs-
tate. But in the play of Fields mind is
seen the leaven that worked in that Of
Chase and Davis. and which in time viii
cause the people 10 wonder that the dan
gerous judgments of the past fifteen
wears could have been rendered