The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-16
Mr.. Cleveland and Judge McAllister

Mr.. Cleveland and Judge McAliister.
The Inst pamphlet number Of the United
States Reports, published Un tho 18th Inst.
contains tho opinions OF the Supreme Court
OF the United States In tho cass Of WARD
MCALtlsTER, Jr.. who was appointed by
President ARTHUR to I've District Judge for
the District OF Alaska on July 8. 1854. and
who was suspended from Office ycar iater
by President CLEVELAND.
In thus suspending Judge McALnrsTER,
President CLEVELAND assumed to oct under
tho authority OF section 1,7C5 Of the Revised
Statutes, which provides that during any
recess OF the SonAte, 1.-The President Is au.
thorised In his discretion t. suspend any
civil officer appointed by and with tho adj
vice and consent Of the Senate, s.rcept Judges
of the co1trts Of TIE United Siofes. until the
end of the next session Of the Senate
and to designate some suitable person
subject TO 10 removed In his discretion
by the designation Of another, 10 per-
form tho duties of such suspended
officer in tho meantime" The majority Of
the Judges OF the Supreme Court held that
legal. inasmuch as the exception OF Judges
Of the courts Of the United States" In the
foregoing section does not apply to Judges
in the Territories appointed for q term Of
years. but only to Federal Judges who hold
office during good behavior in circuits and
districts In the various States Of the Union.
Three members OF the court, Justices
FIELD, GRAY. and BROWN. dissent from this
conclusion, and Judge FIELD writes very
able dissenting opinion. He points out that
1t is not pretended, and never has been, that
Judges Of courts created under the Consti-
tuition. as distinguished from Judges Of
Territorial courts, could be suspended or
removed by the President. Hence he argues
that the exception could only have been
intended to apply to Territorial Judges.
and "to meet the position which had
been sdvancod In some quarters that
Judges OF tho courts Of the United
States In the Territories were subject to be
removed or suspended by the President
equally with other officers" But the dis
senting Judges justified their position upon
stronger and broader ground than this.
Tho Idea essentially apperta!ning to and
involved in the jud cial Office" says Mr..
Justice FIELD. us that It's exercise mist b.
free from restraint. without apprehension Of
for the honest and fearless discharge of lie
functions within the sphere Of the jurtsdio-
tlon assigned to 1t. No one, III my judy
ment, under our system Of law, can be ap-
pointed q Judge OF court Of record having
Jurisdiction OF civil and criminal cases, to
hold the ONCE at the pleasure and will OF
another" And again, speaking Of the i'm
portanoe Of an independent tenure of Office
by Judges Of courts Of record in this coun-
try during the prescribed period Of their
terms Judge FIELD says:
"whensvsr this principle hiss been dsreesrdsd Il has
aroused deep and general Indignation Among tho 70.
psated injuries and usurpaons Of tho K,us Of Great
Britain which our fathers declared Just ground for
separation from the mother country was that no hsd
made judges dependent upol his will aious for the
tenure Of their once aud the amount and payment Of
their salariea' This Of the wrongs which eur
fathers submitted to candid world justltyinE the
people Of the Usitsd States In Withdrawing from tia
Rng,lsh nation and s,tabhhus for themselves = net
form Of government
We have carefully read the prevailing and
dissenting opinions 10 this important case
| OF McALLIsTER against the United States ;
and wo think an unprejudiced comparison
between them will lead most intelligent and
| fsir-minded readers to the conclusion that
the dissenting opinion 10 legally, morally,
and politically the stronger. 1t shows that
President elected rs . Democrat has 10.
| hicted the severest blow ever struck at tho
independence Of the Federal Judiciary.
The manner In which the court was divided
illustrates once moro how little tho Demo-
Gratis appointed by President CLEVELAND
can DO relied upon to adhere to Democratic
views OF constitutional law. The Chief Jus.
tice and Mr.. Justice LAMAR were OH the
wrong side. as usual. Judge FIELD. how.
ever, once more showed himself the ablest
rs well as tho modest Roman Of them oil.
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