National Republican., 1873-12-05
CHIEF JUsrICE WILLIAMS.


CBIEF JUSTICE WILLIAMS.
We observe that tho nomination Of Attor-
ney General Williams as Chief Justice has
been received with some criticism which ex-
presses itself substantially In this. That he,
has not that ovorshadowing reputation rs a
jurist which gives him tho title TO the highest
seat on the bench Of the highest court. Ono
Of those, fron q Boston paper, takes this
form:
cot course II will not he pretended that the
new Chief Justice Is the peer OF such judges as
ioar or Curtis, or Ia s<eh an able and cruditc
This ouly shows the provincialism Of the
writer. A lawyers reputation as such Is
necessarily local unless that reputation Is
connected with his service before the Supreme
Court at Washington, and then can only be
natural from long years, when Its posscssor
becomes from his age untitled for the labors
Of the bench.
What can the writer say would have been
the reputation Of Mr.. Williams II he had
served years upon the Supreme Court bench,
and many more years In full practice before
II, as In the case Of Judge Curtis, who alone
Of the three mentioned has national rcpu-
tation as q lawyer2 In what Is not Mr..
Williams the peer Of Mr.. Hoar Us q Judge
who served rs common pleas judge for u
while, and was afterwards promoted as an
associate 10 the Supreme Court Of Massa-
chusctts, which he left to take the place
which Mr.. Williams now SO ably fils
What erudition has Mr.. Eyarts that Mr..
Williams has not when and where has il
been displayed1 While serving as Judge
In the First circuit Of Iowa, twenty years
ago, Mr.. Williams was selected by the ablcst
jurist Of the United States, whose learning
aud erudition Is overlooked by this Massa-
chusctts paper while speaking of the fitness
Of men for the position Of Chief Justice aud
whose superiority to oil other men In that
regard In the country we have no doubt Mr..
Williams would be the first 10 acknowledge
Mr.. Cushing, then Attorney General In the
Cabinet Of President Plercc-to be chief
justice Of the Territory Of Oregon, where he
acccptably, through several administrations,
administered justice In much more trying
position In all the qualities that make good
judge than have ever put to tho test the abili.
tics Of Mr.. Hoar or the eurditiou of Mr..
Evarts.
Trusted by the people of the new State
substantially to frame their constitution,
Mr.. Williams was sent to represent that
State In the Senate. Ills associates there
know how well and acceptably he filed that
exalted position.
Thence Mr.. Williams was appointed as one
Of the commissioners to frame the treaty Of
Washington, wherein we have never heard II
intimated he did not appear as the pesr of
Mr.. Hoar. Thence he was called TO the po-
sition Of Attorney General by the President,
and unanimously confirmed therein by the
Senate, wherein we agree he was not the
peer Of Mr.. Hoar.
Let us try Chief Justice Williams by
another standard. lie has had more judicial
experience than either Of the gentlemen
named. He has had legislative experience,
which neither Mr.. Evarts or Mr.. Hoar has
ever had. lie has had administrative expe-
rlcnce In the law department Of tho cxccu-
tive longer than Nj. Evarts and Mr.. Hoar
combined, and he now goes on to the bench
the only member Of that court who has had |
any legislative or administrative experience,
save alone the senior Justice, Clifford. To |
the new Chief Justice all his other brethren |
On the bench will soon have to look for all |
that knowledge Of the internal workings Of |
our Government in its two great branches
legislative and admlnislratiye-whlch they |
themselves lack because they have never cx- |
crcised them as he has, and therefore are not |
familiar with them as he Is.
Let us try this appointment by another
test. Compare Mr.. Williams judicial cxpe-
rlcncc, his legislative experience, his cxpc.
riencc as Attorney General, and the extent Of
his practice and knowledge Of the law, with |
that had by John Marshall, the great Chief
Justice, at the time of bis appointment. Mar
shall had had but country practice in vir-
giuia, with but little opportunity to be ac-
quainted with commercial law, and none |
whatever with the civil law-had had no |
judicial training to be mentioned In the same
breath with that Of Mr.. Williams at the time |
Of his appointment; and yet he has been held |
pr erceiitnce the great Chief Justice. His |
appointment was cavlled ut at first as one not /
At to be made, but he proved by his industry /
and capability that the judge was better than /
the appointment.
! THE only other criticism that we have
heard Is that the President has taken Chief
Justice from his Cabinet, and, therefore, the
appointment Is partisan. But do these critics
know that John Marshall held the position
Of Secretary Of State and Chief Justice at
the same time, and was very strong politi-
cal partisan, so much so that his earliest
opinion Of Marbury and Madison was po-
litical essay that Is hardly now regarded as
law5 Is 1t remembered that jackson took
fancy, q member of his Cabinet, for Chief
Justice, and that Lincoln took Chase, q
Of his Cabinet, for Chief Justice,
and that Chief Justice Jay was also sccrc-
Iary OF State under the confederation, and
passed from that Office to his scat as Chief
Justice, and while holding his scat on the
bench was sent abroad on political mis-
lion, and returning ran for Governor of .
New York, still holding his scat on the
bench? 30 that President Grant Is In the {
,Kact line OF the prcccdcnts In this appoint
ncnt. IL
We need go no further, for VIC doubt not
Mr.. Williams will yindicate his own appoint i
nent on the bench, as Marshall vindicated
lis. Patient In investigation, cautious with
nut timidity, firm without obstlnacy, he
rings wcli-balanccd, well-stored, we'll
'racticed judicial mind, sharpcned and \
lcarcd by recent practice at the bar, sus- .
aimed by legislative and administrative ex- q
'erience, to his new duties, In which, with a
lis well.known industry, he can hardly fail
o satisfy the country.
IT Is EVIDENT, even now at the beginning II
II the session, that the Democrats In the C
iouso are seriously divided both by personal "