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

meeting OF the New York Bar-Much ado
| about nOthing-The vacant Judgeship.
The Bar OF the city of New York held an adj
journed meeting in the Aldermen's room, City
Hall, at noon yesterday, for the purpose of reliev-
ing the President and Senate Of the United States
from the trouble of selecting fit and proper per-
son to occupy thevacan seat of the Supreme Court,
in the place of the late Judge Thompson. Thisin-
terposition Of the lawyers in matter already pro-
vided for by the constitution, had its origin, Of
course, in friendly motive towards the Executives;
but we distressed 10 announce that the whole
affair has turned out to be much ado about nothing,
and very nearly comedy of errors, infinitely more
amusing to the lookers-on than that of the great
bard. Avast array-no, most alarming number of
the profession in attendance; stranger indeed,
seeing their lean and hungry looks, might mme-
diately have guessed that something connected
with office and salary was in scent, which the
whole pack of legal barriers would be glad to run
into. Nothing, however, resulted from their in
spiriting howls things reapsed into their former
state !; nd the President and Senate are graciousy
permitted to exercise, without interference, their
constitutional functions.
| JOHN ANTHoN, ESQ, was called to the chair
and JUDGE INGLs oihciated as Secretary.
| The CHAIRMAN briefly explained the circumstances
under which the present adjourned meeting held,
and the purpose for which convened after which
he called upon the mover Of the first resolution.
MIR. ELIAS II. ELY then came forward, and expressed
his dissent from the interference the bar in this
II belonged to the Executive by the Constitution. He,
therefore. begged to move That it is inexpedent for
didate upon the bench of the Supreme Court Of
| the United States"
| MIR BLUNT seconded the motion
Mr. ROBERT EMMETT after few brief observ atoms in the
course OF which he said he could not altogether in
the form o s % ,S. Just S as
manner heretofore Expressed any preference for any
particular candidate for the vacant office of Judge OF the
nexpedient to recommend any candidate for the said
office or adopt any course or action in regard to such
Mr.. SMITH seconded Mr.. Emmets motion
The question eventually resolved itsen.the two mo.
preamble to Mr. Emmetts should be retained struck
out. The CHAIRMAN having SO put it
Mr. CowDREr said the real question seemed to be, what
action oAgh TO be taken by the bar upon the subject He
fully agreed however, with observation by preceding
speaker that the bar should have been upon
il and at the same time he was ignorant Of any proceed
ngs having taken place which called for the nteposcn
Of the bar Of the city Of New York If there ought to be
action taken ALL should be one declaatory of their
opinions in the Of any particular individual being
selected candidate who obnoxious to the bar Of
New York. And, now if any such candidate existed let
his be mentioned and he (Mr Cowdrey) for one
ready to express his dissent to the appointment Of
some OF the candidates whose names had gone abroad.
That ought be the oil the bar whilst the other
hand they exhibited individual preference. There
were at least twenty men in that ROOM and more than
qualified to fill the vacant judgeship but the bar
heess, not called upon to express their sentiments
in favor Of any one they might consider suitable 1t
seemed to him. that the resolution originally presented
10y Mr. Ely expressed, 80 far as he could judge the
% the h 81 az be ms
stution proposed by Mr.. Emmett tantamount to an
adjournment the only ground to be assigned in its sup
port that the bar had been previously convened
this subject and that they had adjourned without APP
pointing any committee but rather that referred
committee Of the whole, which had here met again to
express opinion whether was proper to act
not The resolution without the preamble was there
fqrs preferable, in much simply declared it
&expedient for the take action this matter He
preferred much that the resolution without the preamble
% 20 me inc very ..
having done nothing the most conclusive for
As insertion Of the preamble was important for the
Executive to understand that.
MIR. McKEoS understood that object cethe prcsen.
meeting enlghen the minds of the Executive to
the wishes ofhe bar upon the subject And he nowsked
Tor this Observation-Disclosures there had not been effort
made to influence the decision Of the Executive by
which preference they had expressed! Under the inau
ence oil that representation 1t was true the Executive
Ss ns
1t for the purpose ofenabng the bar OF New
to set itself right before the President As far as he
(McKeon had any knowledge upon the subject Of
the city Of New York had not expressed any opinion what
Private and individual friendship might have used
efforts in every way, to influence the President in the
choice OF the Judge; but he that opinion
whatever had been expressed by the bar, bar Per
haps some individuals might represented to the
siden that such and such gentleman would be accep
table to the bar-and he (cKeon) had no doubt that the
bar Of New York would approve Of the selection; but
the fact was, that body. the bar had expires sed
opinion and In the present situation Of the question
the bar he presumed would net deem right give any
expression of their opinion. The President would
to make the nomination, the Senate if they chose would
confirm it and upon them rested the responsibility
lawyers the bar of New York might be mentioned
fwhom would be acceptable upon the bench to the
others who would not and could not be acceptable On
the whole therefore, the proper course to pursue was
that of nonntererence leaving to the Executive who
had full information the merits of the respective cand
dates He repeated that far the New York bar
concerned they had expressed no judgment upon any
candidate Either Of the two motions he willing to
sustain but there seemed to be dispute about the
fact whether the bar had already expressed opinion
Mr. Emmett should be withdrawn so that the remaining
portion might BIS unanimously agreed to.
called for the reading Of the propositions
before the meeting for the double reason that he
present when they were proposed and that all who
present might not understand them.
The CHAIRMAN complied after which Mr.. MKEoN said
something about the previous question, which nau
dible to the reporters.
that he had any personal feelings towards any the
ddates for the vacant Judgeship for he had list
Of dozen gentlemen had been named any one Of whom
he believed would make good Judge; but particular
gentleman gentlemen had had preference at the for
mer meeting 1t this subject he wished to disa
buse the minds Of parties There was no preference
pressed and account he in OF the pre-
amble proposed being retained IL should be consi
dered right to adopt the original resoutionI .
Mr.. EMMErr said there two things which he should
assume in the discussion of this subject The first
that the bar of New York had not expressed preference
for any of the candidates Individual members probably
might intimated personal preference but body
that body which could properly be deemed the bar Of
New York-nothing had been done. The other circum
stance he authorized in assuming as fact was that
at Washington had been assumed that the bar Of New
York had such preerencenot perhaps, from its having
been expressed In public meeting although that also
would probably be assumed; for II the Executive
daily told by individual friends that Mr. suchan-one was
favorte with the New York bar, and his appointment
would be gratifying bar would eventually be
umed the voice of the bar expressed in the proper
manner lie (Mr. Emmett) had been told indeed, the
fact was so-that II supposed at Washington the bar
of New York DESTROYS that certain individual (he
would the ndvidualperhaps, indeed, he could
no would be acceptable to them, they being DESTROYS OF
his appointment He presumed 1t would be considered in
expedent and wrong in every respect to permit this i'm
preston TO remain unnoticed; was in fact the duty
fthe New York bar to such impression from
the mind of the uye for the appot ment would