The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-07


mode deal with the resolution, after all would be to
move negative to it, then the bar would have done just
much they ought TO have done, and nothing
ing Of the Bar upon this subject and therefore he knew
what had token place. There was great difference OF
opinion upon the question whether expedient for
the Bar to act at ALI and in particular reference TO
that point that adjournment had the purpose of
holding full meeting of the Bar and obtaining an
preston OF their sentiments But although the meeting
adjourned, he (Mr Field of opinion that it
not expedsnt to nominate any particular person; he wa
still Of the opinion; but at the time he did not
could he conceive reason for the expression
which had bean used that the Bar had not right to
press their opinions upon this Cheers II be-
longed, he said, to the Bar II their office. They
knew about the professional qualifications Of the
candidates than any other body; they had also great
community; and was therefore the right and the duty
Of the bar to express their conviction that should
Re appointed to the upon the bench from party
qualifications (Cheers On all these grounds he beg
ged to move amendment" Resolved, that the bar
propose candidate for the judicial office vacant
vertheless deems due to itself as well as to the country
to declare its unanimous conviction that the person
pointed the vacant place in the Supreme Court should
be not only pure end unsuspecte but foremost in his
profession Also resolved, that in our judgment and
opinion the person appointed owing his place to personal
usefulness among end tend to lessen the dignity oil the
office in the eyes Of the people" (Cheers)
Mr.. THEODORE SEDowICK seconded this amendment
Mr. FEssyNprS said it true that thebar OF this city
had not expressed an opinion either for or against any
the substituted resolutions now proposed would carry
to the Of the public than actually appeared to
do upon the face Of IT, would seem to signify that the
bar Of New York had assumed the appointment of
particular candidate carried the dea that the bar had
not expressed opinion unfavorable to any individual
whilst 1t might be asked whether particular members OF
the bar had expressed opinions preudcial to some all
Of the candidates mentioned Iwould signify that those
gentlemen were entirely mistaken, and did not know
their own minds or il they did that they had seen rea.
to change Individual members OF the bar. through
out the State Of New York might have their preferences
might be for gentleman, some for another so
that under all the circumstances, he thought would be
best to let the appointment be made upon its own ounda
in the matter, for as body they would certainly
disagree They could never upon case and he
satisfied there could be general expression Of
their opinion either in favor or against any one Hence
the part of pure wisdom this occasion to allow the
original resolution the substituted resolution without
the preamble which meant the thing to passand
simply to do nothing upon the subect-cReersj 1t was
assumed that the bar Of New York either in favor Of
against individual now before the public but there
had been such expression Of opinion and the Individual
venturing 10 make it, especially If addressed to gentlemen
the Presidento any in Washington
should know that such could not be the fact Hence he
r Fessenden had doubt that private and indivi.
dual preferences had by A. and c. in IA
Of all the candidates without exception according
to the actual opinions Of the parties appeared to him
therefore, that such course should be pursued as would
adopt and sustain the original resolution and nothing
else. Now in the original resolution MIR Fieds) what
was meant by the word "foremostp-( Cheers) There
such thing as being foremost" in public office
without being iorsmost in point Of fact He (MrsFes.
all things into consideration with reference to all his
qualifications but if the word foremost" restricted
to his public situation to divers other particular quail
fications-f qualifications they wereto them alone it
might be that he stood foremost whilst upon the whole
| he did not stand foremost"
Mr.. FIELD--The words are foremost In his profes.
| SION"
| Mr.. EEssErpxS--very well-'foremost in his profess
sion" That perhaps literally construed, not very
good Recommendation for Judge-a least it not in
/ the better days of this republic much better to
pass the resolution which was originally proposed and
IN hu hnst tn M
in favor of any one, but willing that the nomination
| should take its own course.
MIR BRADY favorable to the resolution proposed by
Mr. Ely, because simple declaration that wal
nexpodient for the bar body to recommend any par
cular person for the vacant office; and he thought the
very strong by which he had arrived at this
Judge ns: ssr SaS Sksss "a
to be conceded Some Of gentlemen
who advocated the predatory part Of the amendment said
Il wa. necessary make declarations contained in itbu
he (Mr Brady submitted that this had been met and tha
the motion Of Mr. Ely embodied all which the bar,
body. wished to express 1t was pretty clear, indeed tina
the bar, as body had not expressed its opinion upol
the subject Of this appointment, for there know
and recognized channel Of communication between thu
bar of New York and the President Of the United States
by which the preferences OF the New York bar could
made regularly known. He Nfr Brady therefore differ
ed with Mr. Clinton De Witt II was untrue, historically
that the bar expressed opinions had none and an!
gentleman foremost" hndmost had undertaken L
who would be their peculiar choice he had mistaken
their sentiments On all grounds he thought that decla
ration OF the inexpediency Of avowing any preference
would necessarily lead to the inference the bar ha
not done IL. Individually he in favor of Mr. Fields
resolution as every sensible man must be- and he sup
posed that every present deprecated the debasng
degrading system by which, in modern timesan in re
times toomen had been appointed to judicial sta
tons in consequence of politics. Until that system cou
he corrected must he subjected to great degree Of
Some Interruptions both of applause and laughter caused
the remaining part OF the sentence to be LOST II.
the resolution (Mr Fields) for would be dsgraceful
office exalted that OF Judge should giver
| away upon the principle that you would appoint
/
been the But, at the time it implied disre
pec to the President and Senate to suggest TO them tina
they might be induced by rarity management to COME
the present situation upon whose merits and integrity
did not entte him to it. Such species Of censure,
thought, implied in the resolution NIr Fied) Hi
MR. Brady great objection to give any reason for III
want of specific action in the resolution, was that tn
Bar not sufficiently united to express any preference
upon any subject. The Bar represented class OF mel
who-and they themselves also as Bar-were separat
and distinct and different from every other class in TIL
world They were the only set of destitute of tn
espit du cnn, or so cowardly if you please that the
could not be united upon any single point They tn
only set of who their rights invaded and tram
pied upon, and attempts made to degrade them, wthou
rising against the enemy and 1t notorious that whe
Judges had been sought to be removed from their station
raj expression Of opinion BY the Bar had been
from other hanhe fact VI their not being united
Let them. then, from this time henceforth. create
| feeling Of brotherhood among the members OF TIL
Bar; let their preferences be ascertaned and whe
| a meeting called TO assist. il called
the shoiee Of sudge AM Jet hs, be ,Sa pai
sentiment Of the bar of New York in relation TO this
any other question: In what manner. yet had bond o.
brotherhood been created among theml By what mean
had they created that species Of compact which closely
knit together the members Of every other occupation
(Cheers would be impossible and unjust for them Il
pretend that upon the question before them the bar had
any deliberate sentiment that they had body, any
decided preference for any candidate He therefore
favor of the original resolution without assigning any
beyond the simple statement that it inexpe
| di ent to proceed to any action.
MIR. MKEor said he would make motion which would
bring the matter to point There appeared to be pretty
general impression that the bar boay, expressed
opinion and made recommendation and with the view
ofestng the fact he would that all the resolution
and amendments lay upon the table which could be pu
without debates after which resolution would be propo
sed by friend ofhis which would express the opinion
| the whole meeting.
This motion seconded and the ayes and being
taken the CHAIRMAN declared the resolution OF Mr. M
| Keen carried
Mr. Ely then reproposed his resolution VIII ich givcr
| above
Mr.. SEpewcK said he should move the previous ques
tons which, among the brethren of the bar would b.
debated He agreed with many OF the remarks Of hi