The New York herald., 1873-10-16

Governor Jay was about to close his political
career, and the first impulse of the President
was to tender him the position he had for
merly filed SO well. John Jay was again ap-
pointed Chief Justice, but he persisted in his
determination to retire to private. life and de-
clined the renewed honor. Than >xme the
immediate appointment of Marshall, whose
nent ability in forensic argument had spread his
reputation all over the United States. The
brief delay incident upon the reap
pointment and declension of Judge jay
had been improved by the politicians, and
Associate Justice Patterson, General Pinckney
and Judge Gushing had been urged for the
place; but those were the pure days of the
Republic, when public interests were not
made subservient to the interests of party.
The precepts and example of Washington were
then regarded as landmarks in the nations
course of honor and prosperity, and President
Adams selected Chief Justice, as Washington
had chosen Jay and Ruttledge and Els
worth, for qualifications which promised to
shed lustre upon the judicial history Of the
country. Time proved the wisdom and ju-
diciousness Of his selection, for the long career
Of Marshall at the head of the judiciary was
an honor and a blessing to the nation.
When death removed Judge Marshall we
had reached o new era in our history. Presi-
dent jackson, the idol of the democracy, had
proclaimed the doctrine so precious to Office
~ Iol ;le -
With this proclamation came that partisan
unscrupulousness which seeks its reward in
share of the public plumber, and that official
iberaity which bestows its gifts only on its
faithful adherents. In the days of Washing
ton and Adams there could have been
no such things as convenient attorney generals
and convenient secretaries of the Treasury,
eager to carry out blindly the desires of their
patron, and no reward for such services.
Under jackson the partisan type, quick of
growth, had crept into the public Offices, and
it grew up until it reached the height of the
Chief Justiceship. In period of heated po-
litical strife and intense popular excitement
fancy had stood unfinchingly by the Presi-
dent in all his strong, energetic measures,
whether of principle or prejudice. His
reward was certain, and it came when
Judge Marshall died. A valuable position
was made vacant, q position that would last
lifetime. What did it matter that it was q
judicial Office, the highest in the country?
What did it matter that the ermine had never
before been stained by partisanship? A
political adherent whose services had been
great was to be rewarded and ito the
victors belong the spoils. President Jack
son resolved to bestow the position of Chief
Justice upon Taney, and then COM
menced a delay which had never be-
fore occurred in the filling of the vacant
Office. The appointment was withheld
to await the result Of the el ections for the
Senate was at the time in opposition to the
administration. The President '.kept his own
counsel" and the Supreme Court was left
without Chief Justice during the winter of
1885. Washington had appointed Judge
Ruttledge during the recess Of the Senate and
had calmly trusted to the qualifications of the
appointee for his confirmation. jackson
hesitated to announce to the coun-
try his selection Of a Chief Justice
until he was sure of the Senatorial
confirmation. The one acted in the interests
of the nation; the other acted for the interests
of his political party and in the qualification
of his personal feelings The one had moth
ing to conceal from the people; the object Of
the other was to hide his cards until his trick
hot ha
Court should have shared in the degeneration
of political offices, and that the selection of
the successor of Judge Chase should be looked
for with SO much anxiety and apprehension
This glance at the history of the appoint
ments to the Chief Justiceship will explain
the popular desire for the prompt action of
President Grant. The people feel that they
have right to know whether this high and
powerful Office is to be cast into the political
arena to be scrambled tor by hungry office
seekers, like custom house or O post
Office or is to be bestowed upon an
eminently qualified man, independent
of political. considerations. There is
no reason why the appointment should
not be made as promptly as were the
appointments Of Ruttledge, Ellsworth and
Marshall, if the selection is to be equally in
dependent and worthy; no reason why it
should be held back and concealed, as was the
appointment OF Taney, unless it is to be con-
trolled by the same political or personal con-
siderations. President Grant has before him
the examples Of Washington and jackson.
Which will he follow?
THE DEFALCATIoS FROM THE STATE TREASURY
is another startling fact in the general un-
soundness Of commercial morality. Charles
II. Phelps, the cashier Of the State Treasury,