New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-16
TIE VACANT JUDaESHIP.

TEE VACANT JUDaESHIP.
The vacancy occasioned by the death
Judge Wayne, of the United States Su
preme Court, yet remains untitled. Tw'
nominations have been made by PresIden
Grant, one of which, that of Attorne.
General Hoar, has been virtually rejected
and the one now pending, that OF Bradley
of New Jersey, has been postponed till th'
| twenty.fourth instant. There is reason tt
suppose that the fact that the nominees are
not residents of the district to which the
newly appointed judge will be assigned had
q powerful influence in defeating the as
pirations of one of the candidates, anG
delaying action on the confirmation Of the
other.
During the present session of Congress
a bill has been prepared by the Senate Ju
dietary Committee, and reported by Mr.
Trumbull, which provides, among Other
things, that Louisiana, Texas and Mis-.
sissippi shall compose the Fourth Cir.
cult. Also that the Associate Justices
of the Supreme Court shall be residents OF
the Districts for which they are appointed
There is necessity for and propriety in
this regulation which are so obvious that
it appears to US not little singular, that
it has not been established as preceden,
by the appointing power.
No Associate Justice of the Supreme
Court has held court in this State since
the resignation of Judge Campbell, nearly
ten years ago. Judge Wayne was subse-
quently assigned to the Circuit, but never
appeared on the bench, and last year
Judge Swayne put in feetiDg appear
ance, but transacted no business. The
duties of the Circuit have been performed
by the District Judge, until Judge Woods
was appointed Circuit Judge under the act
of 1869, and he has not yet visited this
city.
As the civil law prevails in Louisiana
and Texas, two of the States embraced
insthis circuit, there exists here necessity
for knowledge of the civil and well as of
the common law practice in the Associate
Justice. The want of such jurist on the
Supreme bench has often been felt, and
he bar of this State have commented free
y upon some decisions affecting interests
lere, which our lawyers are persuaded
would have been different if the peculiar
judicial system of Louisiana had been rep
and understood in the Supreme
Court.
Fortunately, too, we have men here who
re not only we'll skilled in the common
aw, but would give eminent satisfaction
o litigants from their experience and
'ractice in civil law.
Judge Durell, the present District
Judge, has been suggested by some OF the
est members of the bar for this position.
Ie has the learning, the clear judgment
nd experience which are needed for a
'ederal Judge.
Judge Howe, of the State Supreme
'ench, has also been named in this con-
ection, and has many warm supporters.
Ie received good education in the COM
ION law practice of New York, served in |
,e army during the war, and has been
u several years in position in this State |
here it became necessary to study closely
nd apply practically the principle, of our |
vil code. He is considered to be an ex-
client common and civil law jurist.
'e learn that a petition, numerously
gned by the New Orleans bench and bar,
J we'll as by influential citizens, was for
arded to the President several weeks
20.
Judge Howell, of our Supreme Court, is
lother excellent man for the vacant posi-
on. He was for some time Judge of the
xth District Court. In 1865 he was
lied to the Supreme Bench OF the State,
I'd was reappointed by Governor War
9th under the constitution of 1868.
Hon. John Ray, of Ouachita, has also
zen spoken of in the same connection.
Q is known to be one of the ablest law
RS in Northern Louisiana, and promi-
mt and useful member of the State
mate.
If the New Jersey nominations shall be
jected by the Senate, as we believe it
IL be, we hope the President will turn
3 attention to this direction. Either of
e gentlemen above suggested would
axe an excellent Judge, and be salts
Glory to the whole country as well as
atifying to the people of this judicial
rcuit. We learn that our delegation in
,ngress is unanimous in desiring that
Q vacancy on the Supreme bench shall
filled by the appointment of some well
allied gentleman from this State, and
o of them will be called upon to advise
d consent to the appointment when
ade. We hardly suppose the vote of
her of them will be given for the con-
matiod of Bradley or any other man
ing out of the circuit rather than for
list of this State.