The New York herald., 1864-10-16
The new Chief Justice.

NEW SWaGlcSs
Az there is no appointment In the git Of the
Executive demanding moro earnest thought,
calm Judgment and unexceptionable discretion
than that of the man who il to ill the seat Of
Chief Justice Of the United States. It is sim
cerely to be hoped that Mr.. Lincoln will bring
all these agencies 10 his aid in the selection Of
successor to Judge Taney. II would be .
great misfortune should the bench upon which
John Adams placed Marshall, and Andrew
Jackson Taney, be dishonored by q mere
politician, man Of limited intellect, restricted
powers and a mind clouded by prejudice or
warped by fanaticism. The wisdom of all other
judicial offices must find crowning wisdom in
the Chief of the Supreme Court. The skill and
policy Of our foreign representatives must be
aided and shaped by the judgment which inter-
prets international law from that tribunal. 1t
was consciousness Of these important func-
tions which induced Adams and Jackson to
add to the glory of their administrations by the
selection of such men as the two deceased Chief
Justices.
When Marshall was appointed the republic
was in an inchoate condition. The physical
revolution was at an end; but the great
moral revolution, the training Of the masses
to the thoughts and habitudes of free
people, was but beginning. The policy Of the
country, domestic and foreign, was but imper-
fectly shaped. How sublimely John Marshall
perfected the constitutional structure Of which
he was tho architect the Htera Scripta
Of history attests. 1t has been written
of the period in which be lived that
"the decisions Of the Supreme Court Of the
United States have raised the renown of the
country not less than they have confirmed the
constitution. In all parts OF the world its
judgments are spoken Of with respect It's
adjudicatons of prize law are q code for all
future time. Upon commercial law it has
brought US nearly to one system BETTING the
probity and interests Of great commercial
nation Over its whole path learning aud in
tcgrity have shed their combined lustre."
1t was in days of trouble and difficulty,
also, that Jackson called Roger B. Taney to
the Supreme bench The present vacancy
occurs in the midst Of another revolution, and
the duties arising out of it will require the exer
else Of the highest faculties Of the judicial
massive strength Of reasoning, sacred regard
for the constitution and the rights which it
guarantees, all these qualifications are de-
manded of the successor Of Marshall and Taney.
Where shall we find thems If tho genius of
Webster or Clay exists among US at this day it
is not in the ranks Of political life that it can be
discovered; for the foul stream Of politics has.
~ ;to o1 Man
Of the narrowest minds and the smallest mental
calibre are the only ones prominent now in the
political arena. In the walks of private
life, the learned professions, or in the higher
grades of commercial business, there may be
much exalted intellectual capacity, but few Of
these classes have made law deep study. Mr..
Lincoln cannot be ignorant Of the qualfca-
tions required to make worthy presiding
Judge Of the Supreme Court of the United
States. II he is, the history of the former oc-
cupanta Of that Office will enlighten him sufi-
ciently to guide him in the selection of some
man of comprehensive mind aud extensive
legal knowledge for that position.
The name Of Mr.. Chase has been mentioned
as the new Chief Justice. A worse selection
could notSbe made The position requires
lawyer Of profound requirements. Chase is
but dabbler in legal lore. 1t requires man
Of calm Judgment and unbiased opinions.
Chase is partisan. It requires broad and
comprehensive faculty OF grasping great ques-
tons. Chase's miserable failure in the man
agement of the national finances proves him
devoid Of that quality. We feel the difficulty
under which Mr. Lincoln labors in the choice
OF a man endowed with the necessary capacity
for the important Office Of Chief Justices but
we trust that under no circumstances will his
selection fall on a second rate lawyer Of very
circumscribed intellect.