8234. SUPREME COURT, Republicanism and.—[further continued].
A circumstance of congratulation
is the death of Cushing. The
nation ten years ago declared its will for a
change in the principles of the administration
of their affairs. They have changed the two
branches depending on their will, and have
steadily maintained the reformation in those
branches. The third, not dependent on them,
has so long bid defiance to their will, erecting
themselves into a political body, to correct
what they deem the errors of the nation.
The death of Cushing gives an opportunity
of closing the reformation by a successor of
unquestionable republican principles. Our
friend, Lincoln, has, of course, presented himself
to your recollection. I know you think
lightly of him as a lawyer; and I do not consider
him as a correct common lawyer, yet
as much so as any one which ever came, or
ever can come from one of the Eastern
States. Their system of jurisprudence made
up from the Jewish law, a little dash of
common law, and a great mass of original
notions of their own, is a thing sui generis,
and one educated in that system can never so
far eradicate early impressions as to imbibe
thoroughly the principles of another system.
It is so in the case of other systems of which
Lord Mansfield is a splendid example. Lincoln's
firm republicanism, and known integrity,
will give complete confidence to the
public in the long desired reformation of their
judiciary. Were he out of the way, I should
think Granger prominent for the place. His
abilities are great; I have entire confidence in
his integrity, though I am sensible that
J.[ohn] R.[andolph] has been able to lessen
the confidence of many in him. But that
I believe he would soon reconcile to him, if
placed in a situation to show himself to the
public, as he is, and not as an enemy has
represented him. As the choice must be of a
New Englander, to exercise his functions for
New England men, I confess I know of none
but these two characters. Morton is really
a republican, but inferior to both the others
in every point of view. Blake calls himself
republican, but never was one at heart. His
treachery to us under the Embargo should
put him by forever. Story and Bacon are
exactly the men who deserted us on that
measure, and carried off the majority. The
former, unquestionably a tory, and both are
too young. I say nothing of professing federalists.
Granger and Morton have both been
interested in Yazooism. The former, however,
has long been clear of it. I have said
thus much because I know you must wish
to learn the sentiments of others, to hear all,
and then do what on the whole you perceive
to be best.—
To President Madison.
Ford ed., ix, 282.
(M.
Oct. 1810)
