The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
It did much to bring on the Civil War, but the result of that
struggle was to confirm the authority not only of the Supreme
Court but of the Supreme Court as it was under Marshall and his
original associates. In 1901, the centenary of his appointment
was celebrated all over the country, North and South. Such a
tribute was never paid before in any country to the memory of a
judge. His services were commemorated for the very reason that
led Jefferson to depreciate them--because they led to the
establishment of a strong national government with a controlling
judicial authority adequate to protect it within its sphere from
interference or obstruction in any way by any State.
Confidence in the State courts has also been strengthened during
the last century. It was greatly shaken at the time of the fall
of the Federalists. They had lost the executive and legislative
power, but they retained the judicial, and the Republicans found
it hard to tolerate courts that represented the political ideas
of a former generation. This continued long after the extinction
of the Federalist party, and often extended to distrust of judges
elected by the Republicans who were thought to have become
affected by the influence of their senior associates.
In the New York constitutional convention of 1821, Peter
R. Livingston appealed to the lawyers present to say "whether it
has not been the case that when a man in the country of any
political standing has had a suit depending at a circuit court,
he has not consulted with his counsel to know what judge was to
preside at the circuit; and whether he has not been frequently
told that a political judge was to preside and it would not do to
let the cause come on."[Footnote: Reports of the Proceedings and
Debates of the Convention of 1821, 618.] Who, he asked, were the
present judges of their Supreme Court? "Judge Spencer came into
office under a republican administration; Judge Van Ness was
appointed by a mongrel council; and the elevation to the bench of
Judge Platt was occasioned by the defection from the Republican
ranks of a man elected to the Senate from the county of Dutchess,
who acted the part of a political Judas, and sold his party. We
have been bought and sold--there is not one of these men who
would have been on the bench if our administration had been truly
republican.... There is not a man in this Convention who is a
republican of any standing or character who would like to have
his liberty or property placed in the hands of a political judge
of a different party."[Footnote: Reports of the Proceedings and
Debates of the Convention of 1821, 620.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account