The New York herald., 1873-10-25
THE CHIEF JUSTCRSHIP.
Views of Judges Joachimsen
and Freedman.
Associate Justice Miller Considered as q
Likely Appointment.
Is Senator Conkling Qualified for
the Southern Circuit I?

Among the dignitaries on the bench OF the
Marine Court Is Judge Joachimsen, whose wit,
eloquence and erudition are well known to the
legal fraternity. The Judge is q small man
physically, with large and remarkable head and
face. He is as keen as a briar In argument and as
fluent and lucid in speech as stream OF water
gushing from q mountain side. HIS features are
full and striking. The presence Of warm, lively
intellect shines through his eyes, which are as
luminous as an ice crystal rejecting the unclouded
rays OF q MONDAY sun. Hts range OF studies Is
extensive and his acquaintance with the best dead
and living authorities in law is exact and compre.
hensive.
Having said this much 1t is time to mention that
reporter Of the HERALD gave the Judge o call and
inquired his views on the subject OF the Chief
Justicesnip. .sYou did not mean,n said the Judge
with merry Rabelaisian twinkle in his eye, Ito
ask the opinions OF Judge OF the Marine Court
You must know we are very humble folk"
REPoRTER-We look for treasures OF thought and
wisdom everywhere, Judge. You know the poets
lines
Full many gem. &C.
Judge JoACHlMsEN-To be sure, Grays eegy, yes
Hal ha and the Judge laughed, then seriously said
II you would ask me my opinion as to the man
think most likely to be taken for the place OF Chief
Justice, would say
JUDGE MILLER,
present Associate Justice OF the Supreme Court
and Will give you my reasons TOR 1t. In the first
place he is an able ana learned man. His decis-
ions are remarkable for compactness of ideas and
intimate knowledge OF law. When you read Mil
ler's decisions you feel satisfied you are reading
the language of man who has mastered the sub
ject in hand so thoroughly as to leave room for
exceptions-no room for supplement or addendum.
He is thoroughly versed in patent law, and his
general knowledge is extensive. In the next
place he Is from the West and the West is
mere likely to get the appointment than
the East. There is already a representative
of this State on the bench Of the Supreme Court
Ward Hunt, and II the place be given to Mr.. Ros-
coe Conkling there will be two, which would be
Unfair to the other sections OF the country. The
judges OF the supreme Court should represent, as
evenly as possible, the different parts OF the ma
tlon, SO as to aggregate complete knowledge OF
the whole.
REPoRrER-Among the lawyers with whom you
are acquainte ted in this city which would you prefer
o'coNoR AND EvARTs
Judge JOACHlMSEN-O'COnOr would be q good
man, and SO would Evarts. Evarts has the advan-
tage OF O'Conor in being younger. He has also the
Onice, Of long practice IN the federal Courts; and
the part he took in the Alabama treaty business
has given him an insight into International
Of the supreme Court. Sucn judge should be
posted on all branches Of law, should know the
in the rules OF his own Court. There is another
man who would fill the bill very well-Judge Randall
REPoRrER-Then we should have two Hunts on
the bench.
Judge JoAcHMsEN.-No matter. We have already
had Chase there. Randall Hunt Is q very accom-
plshed man in every way. and he, with Evarts and
OiUonor, are the only three men know as lawyers
there is another man-Judge Campbell, OF Ala
bama-but suppose he Is debarred from any office
In the gilt OF the government
REPoRrER-What do you think OF Roscoe Conk-
QUALIFICATIONS OF coNKLMe.
Judge JOACHIMsEN--Well, II Conkling was Chief
Justice, he would, suppose take tine same circuit
Virginia and North Carolna-as the late Chief
man to concilate these Southern peoplei
REPoRrER-Do you suppose his political preju-
dices would influence his decisionsf
Judge JoACHIMsEN-I don't suppose any OF the
Conkllng family would act contrary to the honest
dictates OF his conscience. Roscoe Conkling is a
republican by pure conviction an upright man, and
an able one too, and with the assistance OF his
associates on the bench or the Supreme Court
himself, but would he meet with that prevenance
from the people among whom his circuit would
take hlmY Chase was well received because
his manner was suave and winning, Look at
Judge Unaerwood, United States Circuit
among the people. The lawyers them.
selves stand aloof from contact with
into his judicial practice that he lost confidence
and respect as Judge, and his name became
odious to the people. How different was the case
war administration, managed, by his moderation
and manners, TO secure at least the respect OF the
SOUTH Conkling, however, Is young man, COM
parativeiy, ana may learn different style from
what Is attributed TO MIN. Caleb Cushing Is a
name tnat occurs to me also. He Is an authority
on international questions and has read almost
everything; but think the choice OF the lawyers
would be Judge Miller. or course the President
has other names to consider that we know nothing
about There are as good fish in the sea as ever
were caught, and we don't know but there are
LAWYERS IN THE GREAT WEST,
nation is, as great as any we know OF here among
ourselves.
REPoRTER-Do you believe in having the politics
OF the Judges In harmony with the administration?
Judge JoACHIMsEN-It has always been the case.
All the federal courts are in harmony with the ad-
ministration. 1t is not SO IN England, but we
manage these things differently In this country.
OF course the judges will have their indivdual SEN
tlments In politics. but In the decisions they rem
der care IS taken that the views and policy OF the
government are sustained.
REPoRTER-Can politician make good judgeY
Judge JoACHIMsEN-Decidedly. There
merous cases OF the kind. There was Smith
Thompson, who was politician, but lawyer be-
sides; he went to the Bench alter being Secretary
OF the Navy and made q first rate judge, especially
in everything relating to maritime law. AS politf-
clan or Cabinet Oflcer a man can learn mucn that
Will prOve OF value him a judicial Ofiicer