The New York herald., 1873-09-15

A seat on the Supreme Bencn Is the greatest
honor the country can confer on citizen.
IL IL the tribunal OF last appeal iu
the land and its duties are more laborious multi
form and important than those OF all other tri-
bunas. 1t has to deal with the law Of nations,
maritime law, and all the complicated jurispru.
dence OF personal rights and OF constitutional law
continually coming up out Of the relations between
the states and the government and with them
selves.n
"Have you any idea, Mr.. Mcfarland. as to who
may be the successor OF Chief Justice Chaser"
"The Importance OF the place invites the very
olshest order Of professional skill; but have no
notion OF who the choice may fall on. No political
CONSIDERATIONS should enter the Presidents mind
IN choosing this great ofcer OF State. FITNESS and
ability ought only be looked to. Nor should q
mans political antecedents be inquired into, pro-
vided ne has been loyal to the Union and consttu-
ti0n. He ought to be nominated on the score of
enlcency alone Elections for short terms Of once
are bad Tor the Judiciary generally, and might be
once of tie Bens6 ikey 90 s$g Az 'S1t Win al inceS
've' to abuse 9as SrRTy S pSTer 81 s9d
Experience shows this TO be the case, not only In
America, but elsewhere Among SO many worthy
yidous on my part to state preference in favor Of
any candidate. Such preference would little avail
the person Of my choice There are three candi
dates whose emtnence entities them to be spoken
Of. These are Messrs. Charles O'ConOr b. K. Cur.
tis, OF Boston, and Evarts, OF New York; and
have named them In the order of rank which as
cr1be tv them severally in their profession. The
last named gentleman has the advantage OF being
comparatively con ay more available on account Of age
is, unfortunately, not possible. The Bar is
e maas on that the this potos
expedlency. Its members feel keenly the i'm
portance or the selection soon TO be made. Those
impressed with the notion that II republicantsm is
to be preserved among US It must be done by the
While this aiimpor.ant M depsrsment Of 'sy the gov
ernment continues pure 1t Will be Impossible to
subyert the institutions Of the country excepting
charge that can be brought against the party now
in power is its disposition to control aud ignore
at se 1usces
aud Story II must be said in justice to the Pres
dent as well as to them, that they are regarded by
ent judges"
WILL THE APpoINrEE RE A poLrr1oIANP
DO You think the President will select the ap.
polntee from his own partyr"
Doubtless the new Chief Justice, whoever he
may be, VIII come from the administration repub
hcans. There can be no harm in that Among
them are to be found many men worthy OF the
great confidence which must be reposed IN the ap
pomtee. The most important thing to be looked to
Is the securing OF lawyer whose broad practice
and intimate knowledge of Jurisprudence Will
enable him to deal with all classes of cases that
may be brought before him. Among others perpex-
ing questions OF semi-pOltical nature may arse,
involving many vitally important points in consti
law wcn embrace zee the whole a o.
tions to be passed upon, too great care cannot be
taken in selecting urist OF the very largest ex-
What about the suflciency Of the salary. Mr..
'The salary of the office should be at least s25
per annum and that OF Associate Justices $40 600.
Alter ten years service and seventy years OF age
the Chief and Associate Justices should be allowed
to retire, with pensions equivalent to their salar.
talent at the Bar be secured. Notwithstanding the
honor Or conferred by the position 20 many members Of
afford its acceptance II offered at the present small
salary II the Bench is not better filed 1t is due to
ocers @ are eaed the Wonder that aaa so mucn
ability has been commanded by the State.
THE CURSE OF THE COUNTRY
Is that politics have anything to do with the Judi.
CARY. The secret Of Engand's prosperity is the
independence OF her Judiciary and the generous
gods maae FOR the 1dgns II IL Eng
poln;;ment1s 1 70 once, yet they are Of secondary
"HOw, do you think, sir, does the standing Of our
Bar com tare with that OF other countriesr'
"As whole, believe that our Bar compares
iayorapIy with that OF England or elsewhere l
tice III New York and the amalgamatiOn Of law
and equity Jurisprudence, by the abolition OF our
moraizing effect on the profession. It's tendency
has been to ofrer premium to incapacity; and
doubt Il under the % new & system a class oi LAWYERS
The Adoption OF the New York code has been very
great injury to the profession.
'What you say, Mr.. Mcfarland, seems to imply
an unwllngness to have our laws slmplifed oy
COdlfcatiOn."
codes Of procedure. These concern merely the
administration OF the laws, and l regard such in
noyations as multiplying Inconvenience. The
practice Of courts needed simplifying; but to do
that judicious pruning only was necessary not
the tearing up by the roots OF q system that was
the product OF many wise minds and OF hundreds
OF years. experience, and the substitution Of the
works Of few men not the most eminent in the
profession"
CHOW 90 you think our Bench bears comparison
is THIS DisfIHcrIoN WITHOUT A DIFFERENCEY
II do not consider our Bench, as q whole, to be
incorruptible. The historical case OF Lord Bacon
was like the fall OF another angel; that OF the late
Lord Waterbury woua be looked upon BY some as
s saas is Sad Il aase sSss WITH
Is bright example Of the love and confidence
which the Bar can bestow on worthy Judge. II
the profession were in the habit of canonizng
saints, as the Church Of Rome does, Judge Nelson
ought to be the nrst to receive the honor"
"Then we would have the learned Saint Nelson 2'
"Just 80. The Bar will be what the Bench is
capable OF making 1t. Judge in the exercise of
his duties must hold the Bar up to high standard
Of moral thought and professional action"
Mr.. Augustus Schell.
Mr.. schell was also called upon by HERALD re-.
porter for his Views and the following converse
ton ensued:-
REPoRrER-I have come to learn your views, Mr..
Schell, upon the subject Of the Chief Justiceship
Of the Supreme Court Of the United States.
Mr. sCHELL-Well, you see am not in politics
now have nothing to do with these things; and,
at any rate, my views would have but little
weight
REPoRTER-I suppose that mans being in or
out Of politics does not affect the weight Of his
opinion.
Mr.. ScHELL-As far as l am concerned think
that, If General Grant could and would throw OF
the shackes Of party and give the country the
benefit OF great mans service, there Is no doubt
at all in my mind but Charles O'Conor
is the one who, above all others, Is best
fitted BY his learning, ability, integrity
and other cOmmendabe virtues TO oil
the position OF Chief Justice. He Is the man who
/ conscientiously believe would most effectually
discharge. without GtsOarQUpmanf In a