The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-06-07

9se1nea = .ese = sssnessf.s ~nss Ell.
sne -. - -. ~, :. : - - ~ ~
ssy1nG mesn1nts snr1sun1fne IL aM1ul
fta9e4x wh1eh e1ne - ehA6ouD SSes -
cehswne harry nfe- Wa warneo that
ssssss d hapee. a = ss Il ssss,e sssss.
ns1 answer aaowed she oSAndsNr ef hts
conception of the judiciary Of the repues
s. eosnsrt , ssi - & a. p. courts e
nnd = necessarily 20 - armed. 4 VIII b
his rsssd mainienasce q The beSsc truths
sanplic1sy and stren1fk. Is vss als1ost
nsat ieasl vrsser has ~. ssTSs psinsiDsss
i nh' :a., rssss,ss :: e ssss sads so, !.
which he hag eoastantly adhered. whstAer
acting With the court ~ dinegnx1ng lrsm
e. are summed up IN two IDEAS: First.
.oe insasioa 81 each other 81 ali tss po.sss
ana funcat0ne allotted 10 the nat1OAa1 gov
esnMsat ana the state govsSnments: and.
second the perfect security and protee-
msnta. either By the Unlted States 81 ~
the Individual statee-' TAene two ideas
run Through bis dec3oioue. He never fal-
tered IN uphciding ccnstifutscnai guAran-
tees even m the face OF angry popular
passions. This characteristics 10 striking
" exempisncd In several famous eases:
One Of the 1rst was the MiiiigAn case.
close OF the eivn war. Niiligaa. . resident
81 Indiana. was arfeafeo by military order
Ior con.parin9 aSainst the government. I'M
and violation IL the laws Of war. and was
thrown into prison. Amidst the bitterness
ana excitement Of war the authorities
son. and niilissn ~ss ss sossnd suii 4, and
sentenced TO be hanged. The proof prob
ably WAS ample. but he vas not q resi-
dent Of . state IN rebellion. nor was he
military authority. Indiana was not In
rebellion. nor IN . state u siege. and
there was no excuse for martial law. The
punish. but this did not satisfy tie eager
demand for punishment OF his oAenae.
and 20 crush summariiy any and all OPP
gosition to the government Of the Onion.
Even the great and mefciful heart Of
President Lincoln waa moved to uphold
the military commission. He approved
the sentence and ordered II carried into ex.
but for the powerful arm of the supreme
court All the justices were unanimous
In decreetng that the man should be set
a. liberty. Judge Field was one Of the
fse justices who emphasized this cele-
hrated decision, and. referring to Mr. Jus.
tice Davis. who wrote the opinion, pays
him high trihutein upholding the
the constitution. n being intended for
q state Of war ~ well q peace and Il
equally binding upon rulers and people
at all times and under ali circumstances.
The Test Oath Case.
Tho public excitement produced by this
ease had not subsidized when tac court was
called upon to determine the ecaaily cele-
brated Test Oath case. In the cousti.u-
tor Of Missouri. jnst then adopted. WIS
Incorporated. rfhder IRE angry passions of
the war, provision requiring a. q con-
diiion Of holding any c:fee Of honor, trust
or profit that the 'iroGcied oath should
be taken. Tns person must awea- that
he had never mad any thing 70 do with the
rebellion and never favored ~, secretly or
openly. II extended not only 70 lis acts.
tanned more tar thift: distinct afiirrna-
ticns. He coull not tesch se1sot. he
could not practice law: he could not be .
trustee OF . en- irs.h &c an officer of Il cor
re could not ad nintster tlIs sscraiuenrs ;.
A priest Of the Roman Catholic church.
Rev Father Cusatntres. xas indicted IN
that state for. the crime Q: teaching snd
preaching with ,at taking the cath; MAS
convicted, and fined $500 and committed
to Jail until the Inc wss PAID The FL
IRENE court OF Missouri affirmed the jcig-
court Of the I'M. I'd States -Four Of inc
nine Justices voted r sustain this ieets-
lation. Justice Field gave the casting
vote against 1t. and wrote tho opinion by
misunderstanding Il 70 be bcyoni The
power OF state Of the American republic
t. enact
stood with Chief Justice Chase against the
corstituftona}ity of the Act Of congress
making the promises OF the government a
legal tender for the payment of debts. lie
could not agree with his associates that
congress possessed the power to make the
promise Of a dollar the equivalent to the
dollar itself
In the slaughter House cases Of New
/ nV!n ka 1<1ze vxvxft a.
OF the Fourteenth amendment OF the con-
stitution than the majority OF the court
He argued that the amendment WAS de
signed TO prevent discriminating legisiA-
white or black Mr.. Justice Field dis
senting and speaking for the minority. OBJ
jeeted 10 law OF that state In that II
Of the state and asserted q right 10 farm
oa, the ordinary vacations of life.
''Hc contended for the tnviolabiiity o.
contracts. when the validity of the Thur
nan act relating TO the Pacific railroads
vss before the court. and that an en-
gaRcment once male by state or By ar
Individual ss sacred. though difficult Of iul-
government ~ ~ Just man: that Il
sweareth to It's own hurt and changeth
net
Aspired 60 Presidency.
He never ccurted popularity, ror
shrunk from popular rancor because oi
his decisions. III TIC language or LORD
Mansfield be wished popularity, but IL Il
that popularity which follows. no, tina,
which IL run after: II IL that popularity
which. sooner or later. never fails 20 DC
Justice 10 the pursuit Of noble ends by
nooie means or him Prof. pomeroy said
ne always faithfully discharged his sa-
cred duty Of deciding aecoi ding tn his
own enlightened convictions or Law and