The Portland daily press., 1882-03-08
Judges.
what Good Ones politicians Make.
Washington Corr. N. Y. World.

Washington Corr. N. Y. World
The affected horror of papers like the New
York Tribune and Times at the notion OF max
ing politician Judge is rather more than
sensible people can be asked to put up with, in
view of the history of the last twenty years in
this country. For that matter all English and
all American history conspire to make it ride
ulous. From the present time back to the days
of scarborough and Thurlow, to go no further.
the English bench has been filled with adroit
politicians selected for their party services. In
our own Supreme Court History majority of
its judges have been chosen from among the
active and able politicians of this generation.
Joseph Story was objected to when chosen be-
cause he was politician, !" and in his life and
letters, edited by his son, the poet and sculp-
tor, good deal of correspondence appears, ex-
hbiting the venom with which this objection
was urged against him just as the half-breeds
now urge it against Mr.. Conkling. Justices
Brockholst Livingston and Smith Thompson,
who were among the judicial distinctions Of
this State early in this century, were most &C.
tive and facile politicians, as appears from the
annals of the State Legislature in the days of
Burr and of Clintonian and Bucktail story.
Justices Mclean and Wayne, both appointed
by Jackson and both famous judges on the
bench, were bitter partisans. Mclean, previ-
Gus to his appointment as Justice, had been a
Congressman, Commissioner of the Land Of
fee, and Postmaster-General. He had re-
fused the portfolios Of the War and Navy De-
psrtments, and had been presidential candi-
date in an electoral college. Mr.. Wayne had
been Mayor in Georgia. and Congressman
of the aggressive Jacksonisn type during sew
eral terms. Justice John Mckinley, who was
appointed by President Van Buren,, had been
Congressman and a Senator from Alabama,
and had actively participated in the warm po-
litical contests of his period. As much may be
said of Levi Woodbury., who was appointed by
Polk after he had served as a Congressman, as
Senator and as Secretary both of the Treas
ury and the Navy Departments. Chief Justices
fancy and Chase were both lifelong politicians
and Chase VIGOROUSLY accepted the Chief-Jus-
tceship merely in order to keep himself in the
current of events after his quarrel with Lin
coin, and with an eye to the presidential candi-
dacy he subsequently sought. Yet he made an
excellent Chief Justice. Judge Alfred Conk-
ling the father OF Mr.. Conkling was a FEEDER
al Judge of the District Court for twenty-seven
years During most of which time his son was
an observant student of law) and both before
his appointment and for some years after his
resignation he was an especially conspicuous
partisan. In the annals of New York, thous-
ands of your citizens can recall the names of
men who were active politicians before their
appointment as judges, but distinguished mag
istrates on the bench. Chief Justice Oakley is
for forty years as a model judge. / have cited
only few notable cases among scores of judges
whose eminence on the bench after they had
ceased to be partisans not the most supercilious
half-breed who has any access to court records
and reports will dare to dispute.