The New York herald., 1873-10-21

New York, and his party claimed his election;
but the legislative committee, who acted as
canvassers, and who were in political afilia-
ton with the democratic candidate, rejected
on technical grounds, three counties,
which gave large majorities for Jay, and
declared his opponent, Governor Clin-
ton, elected. The people were not
then so well nsed to the counting OUT pro-
cess as they now are, and the exasperated
federalists were prepared to uphold by force
the claims of Judge Jay to the Office. But al
though the federal administration was on his
side he counselled forbearance. "a few
years will put us all in the dust" he wrote
'and then it will be of more Importance to me
to have governed myself than to have
governed the State After his retire
ment from the Supreme Court Judge Jay
filed two terms as Governor of New York, and
resolutely declined reelection, retiring to
private life, from which even the tempting
offer of reappointment to the Chief Justice
ship, then vacant through the resignation OF
Judge Ellsworth, failed to tempt him.
Such was the character of the man chosen
by Washington from among the citizens of
New York as the first head of the judiciary Of
the United States. We may well be proud of
the record; we may well rejoice that more
recent selections have been made from other
localities and that the Empire State is as yet
free from the charge Of having soiled the
ermine with the stain of partisanship. 1t is
rumored that New York is to furnish Judge
Chase's successor. Can we hope that he will
be in reality successor of John jay? We
have able jurists at our Bar, lawyers of large
experience and high standing, whose purity Of
life and freedom from partisan heat and
prejudice qualify them for the chief
Judicial position in the nation. If
the choice of the President is to
fall on such man we shall not blush to see
him assume the robes once worn by Jay.
We have politicians, too, who may aspire to
the Office, whose claims upon the appointing
power may be as strong as were those of
Judge Taney upon President jackson, or
whose appointment may be adjudged as ex-
pedient as was that of Judge Chase by Presi-
dent Lincoln. How will they compare with
the first Chief Justice of the United States as
public men? The craftsmanship of the
modern politician is too often confined to in
trigues against rival aspirants to public honors
and public emoluments. The wire-worker
who can manage caucus; the stump orator
who can make sharp assaults upon adverse
factions, who is reckless in his charges
against political opponents and profuse in
his laudation of his political patrons;
the partisan who closes his eyes to conscience
when called upon to do the bidding of his
organization; the pander and hypocrite who
secretly helps his party friends in their
schemes of plunder while making professions
of political honesty which shame the canting
pretences of an Aminidab Sleek-these are the
litical life and claim the rewards due to
political services. Are we to receive at the
hands of the appointing power Chief Justice
from the froth of Credit Mobilier Congress?
If SO, let us have one who boasts of pocketing
he dividends in preference to one who
has aided the plunderers while cunningly
,Wding conviction as sharer in
he plunder. Is the Supreme Bench
o be presided over by Senator or Represen-
ative who has helped his needy associates to
ecure back pay for questionable public SER
ices? If SO, let US have one who has boldly
seized the money, rather than the sneak who
has only grudgingly loosened his grasp upon
he spoils when he has discovered the heat of
popular indignation against the outrage. If
we are to have a political Chief Justice let us
have one who can make some decent pretence
Of having served his country, and not one
who can only boast of having served his
party and himself.
We fear that President Grant will look in vain
among the professed politicians of to-day for
a fitting head of the national judiciary Your
modern ofice-seeker is not likely to be brill
liant star in the legal galaxy. The battle of
partisanship is not fought nowadays by those
whose ability distinguishes them in an honor
able profession. The county court lawyer,
the briehess counsel who is scarcely known
and never noticed on circuit-these are the
men who turn such forensic eloquence as they
possess to profit in the political arena.
Such partisans may deserve we'll from
the faction they support from the
leaders they faithfully serve But their re-
ward should be taken from the muddy pool Of
political plunder in which they are accustomed
to dabble. If the highest judicial Office in the
nation is to be cast among them as q prize let
us at least hope that New York may be spared
the shame and the humiliation of supplying
the next Chief Justice of the United States.
THE CRISIS IN FRANcE-INcREAsrNa Ex-
cIrEMEsT IN PAIs.-The public excitement
is increasing in Paris as the time for the re-
opening of the National Assembly approaches.
The plan Of the monarchsts has awakened o