Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-09-27


rated, but when the Democrats regained
control OF the Legislature there was not
one OF them who did not sigh for the
termination Of their tenure. that all those
Judges might be swept from the bench.
There was no thought ef sparing single
one--not' even the hIgAsy esteemed presi-
dent, who is still Republican,; and HE
party would be glad TO obtain his con-
sent to become their candidate Tor Con-
gress. The judges and officers OF the
Supreme Court OF Virginia arc now all
Democrats, and why shall not the su-
prerne Court OF the United States Be re-
constructed according to the Constitu.
ton? 1t will necessarily be done as va
cancies occur Lifo-tenure has already
been partially invaded. FOR o Judge may
retire at the age of 60. but cannot be
compelled to do so. as officers OF the
army and navy can be. Justice Field
has served about as long as did q. j.
Marshall; but there is no sign OF his re-
firing. In some OF the States the law
for retiring judges is compulsory.
Senator Caffery. In his notification
speech. tells General Palmer: you and
the people know the deadly thrusts made
In the Chicago platform at the SupremS
Court" What gross misstatement
this is has been abuniantly shown. That
platform refers. withort the employment
OF single epithet 20 the large de-
fciency in the resources of the govern
ment, which had been caused by the de-
cision OF that tribunal; desires the re-
versal of that decision by II. or by the
court as hereafter lawfully constituted.
and invokes Congress to use all the con-
sututional power still left them TO supply
the deficit that had been produced by the
annulling OF their legislation.
The Supreme Court has, however. re-
ceived some severe thrusts, and perhaps
the most deadly were by Mr. Jefrer-
son, the Wanted paragon OF the whole
Democracy, and now especially OF the
goldite seceders, who have added jack
son and Cleveland to their list OF patron
saints. Some OF Mr.. Jenerson's thrusts
have been given to the public; but
here is another: lie wished the judges
TO be appointed for only four or six year,.
and TO be removable by tho President
and Senatei Some OF the vigorous
thrusts that have been aimed at tho
court have come from its own members
dissenting judges. In tho income-tax
case Associate Harlan. a Republican. but.
like Palmer and Buckner a Kentuckian;
Brown, OF Michigan: Jackson, OF Ten
nessee. and White, of Louisiana, dis
scented. and employed some plain and
vigorous language, especially Harlan
Shiras, OF Pennsylvania, was the vacil-
lator.
The attitude OF Mr.. jefferson towards
the United States judicial proceedlnrf
was very practically exhibited whilst he
was President. He repeatedly complained
that his opponents. the Federallsts, had
taken refuge in the stronghold OF the
judiciary" The judges were protected
by their tenure OF office: but he resolved
that every United States attorney and
marshal should be removed. Then, too,
there was his contest In regard 20 Presi-
dent Adams's midnight judges" as they
were styled. After IL was known that no
had been elected, the friends OF Mr..
Adams obtained the passage OF a law
which created twenty-four new United
states JUICES, OF whom every one was to
be Federalist, and. In carrying out
this nefarious law President Adams was
engaged so near the expiration OF hts
term that the above sobriquet was given
to his new judicial appointees. The law
was signed by Adams as late as tho
18th or February so that there vera. less
than three weeks for the appointments
10 be made and TO pass the Senate. (Tuck.
Jeff. H., 10 ct. seq. Rand. Jeff H., 623,
etc) Mr. Jefferson hesi.ated, from con-
sttutional scruples, what course 10 pur-
sue. At length II was determined TO
have the law repealed. which was done
by vote of 80 to 80 In the House, and a
majority of one in the Senate. Thus
these midnight" supernumeraries wers
swept away, and whom but his own
Republicans would he appoint to nj any
United States judicial vacancy that might
occur?
All that the Chicago platform pro-
claims in relation TO the United States
Supreme Court is right and proper, whilst
the denunciations hurled against II on
that score, though some OF them from
high sources. are absurd and ridiculous.
BEN. BLAKE MINOR.
Richmond, Va. September IS. 1886.