The New York herald., 1873-09-25

| The Qualifications for the Once OF
Chief Justice OF the United States
The Importance or Prompt APP
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The grave importance of the Office of Chief
| Justice of the United States has seemed to
render it desirable tina. the views of our lead
ing members of the Bar and of other public
men of character and experience, as to the
| qualifications that ought to control the selec-
ton of Judge Chase's successor, should be
laid before the President and the people. To
that end the HERALD has published a number
OF interviews with gentlemen more or less
known to the country, probably at the risk of
wearying those of its readers who fail to appre-
ciate either the danger of an injudicious
appointment or the necessity of restoring
purity and independence to the Supreme
Court Bench. The sentiments expressed by
the lawyers and others who have spoken
through our columns are varied according to
the standpoint from which they view the
question. When we compare their sug-
gestions as to the individuals who are
deserving of the honor of the high
position we find that legal luminaries,
as well as doctors, do not always agree.
In the judgment Of one, Mr.. Charles
OConor is of all living lawyers the best fitted
for the Presidency of the Supreme Court,
while another believes that Mr.. OConor does
not possess single qualification for the Office,
and that, while a brilliant light at the bar, he
would be complete failure on the bench In
one quarter we are offered the opinion that
Senator Conkling is prs-eminently pointed
out by his qualifications as the most desirable
successor of Mr.. Chase, while in others the
absurdity, except as o political movement;
and even Judge Pierrepont-who has himself
been named in connection with the vacancy
while conceding that Mr.. Conkling's abilities
entitle him to seek any position in the gift Of
the people, evidently regards the Oneida
county politician as better fitted for the politi-
cal arena than the calm and dignifed atmos-
phere of the Supreme Court. So, through
the whole list Of those who have been sug-
gested as probable aspirants for the honora-
BILE Office, we find so many conflicting opinions
as to the qualifications of individuals that if
this were the only point involved we might be
tempted to follow the example of the traveller
with his mule, and give up in despair the
effort to satisfy everybody.
But on some points the soundest and most
experienced minds agree, and their sugges-
tons indicate the considerations that should
guide the choice of President Grant. The
Chief Justice should not again be an aspirant
for the Presidency of the United States.
Whatever service this or that ambitious poll
tician may have rendered to his party; how
ever materially he may have aided the sue
cess of the republican candidate in the last
national contest or however willing he may be
to aid him in the next canvass, he should not
be suffered to make the Chief Justceship q
stepping stone to more powerful, if not q
more honorable position. Chief Justice
who expects and desires political preferment
at the hands of his party, says Judge Pierre
pont might be apt to carry prejudices on the
bench with him, and leanings in the direction
Of his future political interests would, perhaps
insensibly, taint his decisions with party
that the Supreme Bench shall be the political
mausoleum of its occupant. The soundness
of these views will not be questioned, and we
find the strongest minds in the coun-
try endorsing the sentiments graphic
ally expressed by Judge Pierrepont
and declaring their conviction that
no Presidential asprant should again be ad-
IL l.
the qualifications necessary for the high Office
no difference of opinion seems to exist "All
our lawyers should be learned,' says Judge
Pierrepont and probably he says it with q sad
recollection of what many of our lawyers really
are; ''but the man who may be placed on the
pinnacle of an exalted profession should be
gifted with talents of no ordinary nature"
"Few are competent to fill the position" says
ex-President Fillmore; che who has it should
be great lawyer; his reputation must be
pure; he must be perfectly free and untram-
melled; all political considerations must be
excluded before a consistent, upright and i'm
partial performance of the duties can be ex-
pected" The universal expression of public
sentiment re-echoes these thoughts. The
Supreme Court Bench must grapple with
questions of international law; with questions
of constitutional law, involving the interpre-
tation of ''the peoples great charter" as
Judge Pierrepont calls it; with interstate
issues; with the grave points of maritime
practice. A mind fitted to calmly dissect
and critically examine the arguments
of learned counsel in all such cases,
and to grasp the great principles
which override and sweep away the mere
technicaIties of law, must indeed be one of
no ordinary calibre. Yet if we are. to have
pure and able Judiciary; if the great rock to
which our whole system of government can
alone be safely anchored is to remain firm and
unshaken, man thus qualified must be Sc