The New York herald., 1873-10-27
Opinions Of Prominent Philadelphia Lawyers
on the Pending appointment.
Senator COnkIing Thought
Ineligible. .I lNl.
The Rival Claims of New England, the
South and Pennsylvania To Fur
nish the Chief Justice.

IN regard to the subject toward which the legal
Taternityis looking just now with so much inter-
est e., the appointment OF the Chief Justice OF
the supreme Court OF the United States, your cor.
respondent has noticed great reluctance upon the
part OF prominent individuals of this city speak.
They appear to fear that what they might say,
would be construed into meaning which they did
not intend, and therefore, many have been silent
whom II would be gratifying to the country at
large to hear from. Many prominent republicans
tell me that they have such implicit confidence in
the Presidents wisdom and foresight that they
have given the matter no attention whatever, while
on the other hand equally prominent democrats
have assured me the appointing power exists under
conditions so peculiar that they regard the ap.
pointment with utter indifference, because they
feel confident Il will be made on grounds entirely
political.
The opinions give below are those of men who
have had legal experience OF over thirty years.
who have studied the question carefully, and for
whom in regard to this important subject 1t would
be impossible to entertain either sectional or pos
lltical prejudice. Aside from these facts, the
present positions OF these gentlemen are such as
entitle their opinions to great consideration. One
OF them Is prominently identified with th6
American Centennial enterprise, another ts
counsel for the most extensive railroad corpora
tion in the United States, and another still Ia an
ex-Chief Justice OF the State Of pennsylvania. In
giving the result OF my interview with them I
feel assured that 1t may be regarded as reflex Of
the sentiment OF the legal fraternity Of this entire
commonwealth
MIR. HENRY NJ PHILLIPS
was the 1rst whom consulted with in regard to
the facts which ought to influence the apponts
ment. and the following is about what he said:-
MI. PHLLIP5-I think some attention ought to bo
paid TO the quarter OF the country from which the
appointee comes regard for this would. OF
dice or jealousy. In view Of this it seems TO me
that our next Chief Justice ought to come rom
New ENGLAND. When we turn to this Quarter we
find two admirable and estlmable men, both OF
whom are prominent and cultured In the law,
while either would make most honorable and up
and to Judge Hoar. The former, you VIII re-
member, resigned from the Bench some
even even SsH We're ut It @ Offered t The latter, By bay.
ing gracefully withdrawn from the Cabinet,
10 @n s o bo Ma or an b
coming. II Chief Justice, however, should be
selected from the existing members OF the Bench
be the man. The Presidents policy Is reticence,
you know, and OF course no one can tell ut what
moment nor In what manner he VIII act.
Your correspondent then referred to the opinion
OF prominent lawyers conce ming the appointments
OF Hon. Roscoe Conkliug and asked Mr. Phillips
Mr. PuIILIPs-I still think that Senator Conk-
ling is not an eligible candidate. 1t seems to me
that the clause In the Constitution shows this
beyond all question. Here 1t Is Section o., clause
2 $40 senator or Representative sna,i, curing
any civil oflce under the authority OF the United
States which shall have been created or the
emounfents whereof shall have been increased
during that time" This Is clause which provides
for no exceptions and, IN my opinion, excludes
Your correspondent would here state that he
has questioned more than dozen lawyers COZ.
the discussion which IL has ALREADY received ore
unanimously of the same opinion as Mr.. Phillips
Among them included one OF the ex-goyernora
OF this State, we'll versed In the law
MR.. THEODORE CUYLER,
one OF the attorneys of the pennsylvania Railroad
expressed the following opinon:-
Mr.. CUYLER-Were tue appointment TO be made
ny tue cs, oi q, Tue rndce nn vnt
almost unanimously ior Judge CurtIss. There can
be no doubt that his wisdom, experience and IN
tegrtty give him every qualification necessary for
the important and honorable position, nor can
there be any doubt that, with Judge Curtiss in the
char. the legal profession would leel highly sa.is-
fed. The Bar, however. has no influence with the
appointing power and the question is one which
the President alone Will decide.
HON. JAMES THOMPSON,
ex-Chef Justice OF Pennsylvania answered my
tthiei Justice should be one Of the Judges of the
existlng supreme Bench. The present judges are
all familiar with the business OF the oice, as well
as the method in which IL Is transacted They are,
also, acquainted with the lawyers who would from
time to time appear before the Court. deem this
convinced OF the necessity OF ali these things,
cannot see how stranger to them could possibly
preside. l would, therefore, by all means, appoint
one Of the judges OF the Supreme Court to the
ofce of Chlei Justice. This was long the usage OF
this state, and is now requirement OF the state
constitution"
REPoRrER-From what state do you deem it
most proper for our next Chiei Justice to conner
Judge THoMPSoN-l would regard IL an exceed
ingy bad policy to appoint any gentleman not on
the Bench from state Tor which there is ono
Judge already on the Bench thought tnat MI.
Lincoln made mistake when he gave the office TO
the state oil Ohio, although Mr. Chase was great
and able man. Among the many reasons against
this win mention the following. The CHIEF JUS
ttce OF the Supreme court has jurisdiction OF con-
troversles between different States. between q
citizens OF different States. In case OF difficulty
between State having the Chief Justice and also
an associate Judge, and one having no Judge at
ALL decision in favor OF the former would be very
apt to be regarded as arising from apreponderance
law aud justice OF the 1t Is not likely that
anything coming from me concerning the policy OF
out II could advise him would say,
"Appoint your high digntary from the south"
%y nave are .ne as o and
South There are eight judges upon the supreme
Bench, and they are all from sections north Of Ma
son and Dtxon's line. Regarding the south as pos
sessing claims to be represented. and not cast
ruthessly aside, would II 1t were in my power
give the appointment to that section. Inere are
pecullariues OF title as well as OF interest which
seem to demand its representation upon the Su.
preme Bench Mr.. Durant, OF Louisiana, is only
one of several from whom the President might
select most estimable Judge.
REPoHTER-Seeng that the South has no repre-
ut present, aud, following up the idea
that the Chief Justice ought to be selected from
the existing members OF the Bench, who seems TO
JUDGE THoMPsoH.-I would prefer Judge Strong
to all Others though my politics have ever been
directly opposite to his. am democrat. He isa
republican. Mr.. Strong has had great experience
as Judge. He has been upon the Supreme Bench
ior more than eleven years. / am able TO speak Of
MIN with perfect freedom, he and having been
upon the same Bench. ! regard him as a gentleman
OF great literary and legal learning, while In nis
personal habits he Is a man Of dignity, order ana
industry. The executive duties OF the supreme
Bench devove principally upon the Chiei Justice,
and these am confident would be iailnfuily@ ana ana
Satisfactorily DISCHARGED
no personal acquaintance with any OF the otner
judges and hence do not recommend Judge nn S.rUns
so much from a comparison with others as rom
posItiye convictIon or his itness. feel strong
hopes that President WIZ nos appo'n. ,p Sarons an
mere politician, but VIII rcgaru, ,,ans .Iv v,thous
poticai ofices az sufficient for partsans Wltnous
~ 80. 49,, ., invade the supreme Bench