The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-28
THE o. 5. SUPREME COURT.


The presence Of Chief Justice Fuller Of
the q. s. Supreme Court and the cordial
reception that will be given him, Is re-
buke to the stupid war upon the legal pro-
fession that is waged by the agrarian ass
that is everywhere Just at present doing
the heavy braying for the Farmers Alli-
ance. This attempt to array the preju-
dices of the farmers as class against the
lawyers who have directly or indirectly
largely governed the United States in war
and peace is the extreme Of fatuity. The
education and intelligence of the lawyer
qualities and fits him for the work of free
constitutional government, and TO
denounce lawyers today as class
is to go back to the days
Of the fifteenth century and Jack Cade
who hung poor wretch because be could
"make obligations and write . court hand;
described all lawyers as false caterpiliars'
of the state and cut off Lord Says head
because he had been magistrate. From
the opening day of the Revolution to the
present date, the most illustrious servants
of American liberty have been lawyers.
The names of Otis, John Adams, Rutledge,
Richard Henry Lee, Patrick Henry,
Marshall, Pinkney. jefferson, Jay, Hamil-
ton, Rufus King, Madison, Clay, Calhoun,
Webster, Writ, Silas Wright, Tilden,
Thurman. Livingston, Ewing, Corwin,
Spencer, Legare, Hendricks. Marcy. Sew
ard, Chase, Sumner, Fessenden, Andrew,
Morton, Wade, Sherman, Stanton, Stevens.
Black, Eyarts, Devens, Collamer. Conkling,
Crittenden, Reverdy johnson, stand for
the ablest Americans of their time. All
the Presidents Of the United States were
lawyers except Washington, William IL.
Harrison, Taylor and Grant. All Of the vice
presidents of the United States save two,
Collar and Wilson, have been trained law
yers; every secretary of state save Blaine
and Edward Everett has been trained
lawyer. The leaders of both houses of con-
gress have nearly all been lawyers. The
legislative, Judicial and executive powers
of the Federal and state governments have
been administered chiefly by lawyers.
Without the legal and judicial figures of
her history, the story of America
would be but dull tale of stupid
mediocre government, somewhat like
that of Switzerland since Waterloo.
The United States Supreme Court is theo-
retically non-partisan body, but in fact it
10 partisan in the method of its recruit
ment. If it was really non-partisan va
cancy in the office of chief justice would
not be filed from outside the court so long
as that court included jurist of sound
mind and body. John Marshall's appoint
ment to the chief justiceship was an act of
partisanship on the part of President
Adams, and the last act of his last day in
the White House and was intended to rob
the Jeffersonian Democracy of the full
spoils of victory, as the most cher
ished purpose of Jefferson's heart
was to reform the federal judiciary
by the infusion of some Democratic
blood that would resist the influence of
the Hamiltonian theory of our constitu-
ton. The appointment of fancy by Pres
ident Jackson was another intensely parti-
san appointment. The appointment of
Chase was prompted by q desire on the
part of Lincoln to reward an able public
servant and at the same time get rid of
cabinet officer whose ambitious and criti-
cal temper had made him offensive and
destroyed his highest usefulness. Grant
appointed Waite TO please Secretary
Fish, while the appointment of Chief
Justice Fuller was due to q strong
and natural desire on the part of President
Cleveland to honor his party by selecting
worthy representative to fill the most
dignified and independent judicial po-
sition in the world. Cleveland had ap-
pointed Lamar associate justice to please
the South and he probably appointed Full
Ter to please the Northern Democracy,
Judge Fuller having been a Douglas or
war Democrat at time when Lamar was
fire-eating. JEFF Davis worshipping Con-
federate. 1t took long time to change
the political color of the United States SUI
preme Court, which had become a solid
Democratic lump between 1885 and 1861,
and it took twenty years of Republic
can continuous rule to make
the United States Supreme Bench
nearly solld Republican in 1881, when
Judge Clifford, the last of President
Buchanan's pro-slavery Bourbons, con-
sented to retire, leaving Judge Field,
originally appointed as a Republican. the
only Democrat on the Bench. Today the
bench is Republican by a good majority.
but this is fact of small consequence, as
the most important and far-reaching de-
cisions that have served to nullify portions
of the Republican congressional legisla-
ton in behalf of reconstruction were rem
dered by Chief Justice Waite and his
Republican associates. The United States
Supreme Court is not meeting to ratify
partisan legislation and its members do
not behave as partisans.
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BORN OF THE GREENBACK.