The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-27
Why the Appointment to the Chief
SusticeshiP should Be Made ut

'usticeshfP Should Be Made at
| Once.
The views Of the many learned gentlemen
In the law who have been appealed to by the
HERALD for their opinions on the appoint
ment OF Chief Justice of the United States
Supreme Court coincide generally on main
points with those advanced by this journal
Above all it may be noted that after assign
ing the highest personal character and legal
knowledge and acumen as necessities to the
position, it is admitted, even by stanch par
tisans, that President Grant has had ample
time for making his selection This being
made, so far as he can make it. it il looked on
as of vital necessity and right as well as
courtesy due to the citizens of the United
States, that the Presidents choice should be
laid before them. We have noticed among
many. of the distinguished lawyers who have
spoken through our columns that they did
not consider it likely that the party in power
would take much advice from the people on
the appointment or think the people
had any right to NEEDLE in the matter. The
delay in announcing the favored nominee but
too we'll gives countenance to this opinion.
We should be grieved to think that it had any
foundation in fact, but the long delay gives it
dangerous plausibility. We have dwelt
heretofore on the towering grandeur of the po-
sition of Chief Justice, on its broad importance
to the country, and can, therefore, assume
that the entire people and press can assert
their right to voice, if not constitutonally to
a vote on the matter. 1t cannot be said here
after that the ruling party erred through ig-
norance of the peoples desire. That has been
made manifest. It cannot be urged that time
enough has not been given for the selection, as
the period since the death of Chief Justice
Chase is now long enough for the President to
have calmly examined the claims of every
jurist in the United States who fills to salts
august position. Why not, then,
bring the appointment before the country?
The stereotyped answer given by those in
dividuals who can be relied on to detail or to
manufacture excuses for those in power is the
merest begging of the question. Congress,
they say, does a2t meet gptil December. The
f6Mia555 Maist Be Confirmed by the Senate,
and there is no use agitatng the country over
an appointment which is constitutionally
within the control of some seventy-four per-
sons, or the mere majority thereof. There is
cavalier smack to all this which warns the
people off and asks them what they are going
to do about it The answer may do very well
for those who bury their manhood under the
shadow of the powers that be, and hover like
butterflies in the light upon the high places
where the powers sit, glad to get q little Of
the golden sunshine on their ephemeral wings,
but it will cause feeling of pain to the manly
millions who have so deep and rightful an
interest in the question. When we hear of
the nice concern for the pulse Of the country,
which this excuse for holding back the APP
pointment puts forth, we wonder what
is the next great national appointment
us any agitation upon. We write
and labor in the strong hope that,
no matter how far this class may presume, the
millions will refuse to forget and remember to
punish every title of presumption. President
Grant can find his career, where it has been
most brilliant no precedent for this want of
confidence in the people who have reposed
such confidence in him. II would be highly
reprehensible for q President to rush decla-
ration of war on foreign Power through
the Senate without any reference to
the sentiment Of the people, It would: be
only less so to rush through the Senate
nominee for Chief Justice of the Su-
preme Court of the United States without
giving the country chance to say we'll OF ILL
of the appointment This maybe startling
comparison; but the more the exalted func--
tions, the power for good or evil over the des--
TIMES of the Union which worthy or unwor-
thy appointment would involve, are examined,
the more startlingly true it will appear
Tho stress laid by so-called administration
leads to many queries concerning the motive
therefor General Grant in his great mill
tary combinations to crush the rebellion,
doubtless needed that his intended move
ments should be kept secret to ensuEe success.
The transfer Of this secrecy to the political
battle field is not new in the country's his
tory but it was never intended nor did it
ever work for the public good. What is more,
it never achieved single permanent success.
Suspicious Of political bartering, of time to
make party combinations, of darkness to plot
for longer leases Of power, are born of the
reticence preserved by President Grant as to
whom he intends to appoint. But this is not
an appointment which the PresidAnt can
allow, with safety to his honor, 10 remain
the plaything of Political roguea If there
is any combination being broodsd over, it
can only be, from the nature of the Office,
o combination against the people. It cannot
be made q party question without degrading