Page:The Supreme Court in United States History vol 1.djvu/48

in supporting the Cherokee Missionaries against Greorgia, in flat opposition to Jackson. The whole Bench appointed by Jackson decided against his policy in relation to the Spanish land claims. Judges appointed by Jackson and Van Buren threw dowu-the gaunt- let to the former by issuing a mandamus against his favorite Postmaster-Greneral. In every case involv- ing slavery, anti-slavery Judges joined with pro- slavery Judges in rendering the decisions. The con- stitutionality of the obnoxious Fugitive Slave Law was unanimously upheld by anti-slavery Whig Judges and by pro-slavery Democrats alike. A Northern Democrat joined with a Northern Whig Judge in dissenting in the Dred Scott Case. President Lin- coln's Legal Tender policy was held unconstitutional by his own appointees. The Reconstruction policies and acts of the Republican Party were held unconsti- tutional by a Republican Bench. The constitutional views of the Democratic Party as to oiu* insular pos- sessions were opposed by a Democratic Judge who joined with his Republican Associates in making up the majority in the Insular Cases. Multiple other illustrations might be cited. In fact, nothing is more striking in the history of the Court than the manner in which the hopes of those who expected a Judge to follow the political views of the President appointing him have been disappointed. While at various periods of extraordinary partisan passion, charges of political motives have been leveled at the Court, it has been generally recognized, when the storms subsided, that the accusations were unwarranted. In fact, it is one of the safeguards of our form of government that the people recognize that the refusal by the Courts to make concessions to expediency or temporary outcry is required for the protection of the rights