The New York herald., 1873-09-16
THE CHIEF JUSTCESHIP.
Views Of the Bar of Tennessee on
the Appointment.
JUDGE SwAYNE FIRST FAVORITE.
Reasons Why Politician Should Not
Get the Office.
C0NKL!NG TOO MUCH OF A PARTISAN.

In compliance with instructions l have inter-
Viewed the prominent lawyers or Memphis regard
ing their views as to who would be the best man
Tor Chief Justice OF the United States. and send
you herewith their several answers, as briefly and
succincty expressed as practicable All shades Of
OPINION are represented among the members OF
THIS Bar, and the answers characteristic
Several OF our most eminent lawyers have NOT
returned from their summer tours, but | have
made the most of those whom found at home
MY nrst interviews were with Mr.. b. NJ Estes, an
eminent member OF the Memphis Bar, and with
MIR. H. >. Elicit, late Judge OF the Supreme Court
or Mississippi. who came In during our conver-
satlon.
Mr.. Estes said 1t had been the custom to appoint
as Chief Justice one who was not already on tho
bench Of the Supreme Court; that If this custom
were to be changed, which he desired to see his
preference would be decidedly in favor OF Justice
Miller or Swayne. Both he considered emnentiy
qualified lot the place. Judge Swayne had all that
suavity OF manner which makes the task OF argu-
ment before the Bench agreeable and pleasant to
the members of the Bar; while Judge Miller, with
less polish, had the Dorc strength which grasps
and masters the most difficult questions. II the
Old custom is to be followed he would prefer to SEQ
william NJ. Evarts or Caleb Cushing made Chief
Justice, and OF the two Evarts would be his first
choice.
said he did not favor Gushing. He had admired his
accomplishments and his speeches, especially one
by him, that the federal government could not
make war upon State; but when he alterward
military command to enable him to enforce it. he
lost confidence in his integrity. He could excuse
dupficlty which abandoned one for the other.
Evarts was universally recognized as q great
choice was concerned he would prefer to see Judge
jeremiah S. Black Chief Justice as he esteeme0
n as H without ba as a~yeI % ana had
aff1xed to his integrity He would dislike to
see man 30 deeply imoued with the politics Of the
day as Attorney General Williams put in the place.
II Southern man were to be. appointed he re-
garded Chief Justice Pierson, OF North Carolina
eminenty qualified for the station the only obec-
tion to him being the want of reputation through
out the whole country, in which opinion Mr. Estes
MR.. ARCHIBALD WRIGHT,
who % was ror many years ears a. Judge OF the Sapremc
Court or Of SAID ne had n not thought m%C
Swayne. He does not know Evarts as well but
recognizes him as great Lawyer ra,a thinks Judge
not want him. He takes it for granted
Thinks it q misfortune for the whole country
that there is no man from South OF Mason
and yet on looking over the South, State by state
| finds 1t hard to pitch upon man nt for Chief
virginia or eSw CAROLINA Person IS
nne lurlst, but wants some Qualities proper FOR the
Judge M e Campbell 1ao hn mas Ss sae
| treme ultrasm during and since the war unfit
| him for such an appointment William F. Cooper.
Office; and E. Il. Ewing Of Nashville also, II his
| aye be not an objection. He adds that we want
a man OF such integrity and frmness that his
opinions win not be clouded by prejudice nor bus
| purity liable to suspicion.
CHARLES KORTRECHT
| Union man from before and since the war sad
ne naa e and me E in
| ton with the Chief Justlceship. He has seen .
harp 81 w
but does not incline to him. He would be perfectly
satisfied with either her. conking Miller or Eyarts;
profounder thinker than Evarts, OF whom he has
very high opinion.
from Ohio and who served In the FEDERAL army, ts
q highly respectable represen tative OF our younger
those entertaining similar political opinions.
he says he ,0a Of the opinion that tnas the
SUPREME a Senoh that the selection should be
made simply on the basis OF capacity and legal
abilities and that 1t should not be political APP
the Supreme Bench whom he knows personally,
and he thinks him well fitted for the station; but
there may be others OF quite equal qualifications,
and he does not pretend to judge between them.
GEORGE CAN'T,
popular as an advocate and OF high standing
among his professional brethren, served in the
Confederate army and well represents the intelt-
gent class of people. He says he thinks no bet
ter selection could be made than william Nj. Evarts.
Either Chief Justice Redneld OF Vermont or Judge
Cooley, OF Michigan, would be his second choice.
These preferences solely on the ground Of legal
qualifications for the onice-the only con
slderatons g, that should nave any considerable
that the President should be able to make good
selection, as he certainly made some admirable
ones during The war, OF the consequences OF which
Colonel CAN'T retains vivid recollection. Ho
thinks the Chief Justice should be a man OF pre-
Bench, as this would make Il stronger Bench than
promotion leaving vacancy to be hlled by an
untrled man conessedly not Mt for Chief Justice.
DUNCAN h. MRAE,
VINO was in several public employments under MT.
Buchanan's administration and served the Confed-
eracy, says Justice Swayne Is emnently fitted for
Chief Jusnce. He would like to see him receive
the appointment, and to have Judge Emmons, OF
Henry G. Smith, of Memphis, made circuit Judge.
both OF the latter being aoundantly lit for these
stations He thinks the Chief Justice should be
promoted from the Bench He says Judge Davis
would be good Chief Justice but that he supposes,
out Of tile question OF chief Justice Person he
says he has no superior as jurist Conkltng IL
too much OF a politician, and Evarts Is lawyer or
great ability. Mr. McRae desires these views u be
taken as merely his own personal opinions.
EX-GOVERNOR IsHAM q. HARRIS,
whose public career is well known, and whose per.
sona influence is great that OF any OF the Old
leaders OF the southern party said he had given no
pointed attention to the subject OF successor TO
1t to be within the range OF possibility that his
opinion could have weight with the powers that
control In these Affairs. Yet he was ever ready to
give his personal opinions to any who may ask for
them. II he could have his own choice IL would
among all who have been named In connection
with the appointment. II is an ofice whose duties
embrace VIDE range. Inc INCUMBENT should nos
only have the Indispensable qualifications Of emi-
nent ability and legal learning, but what is OF
higher significance, should be able TO rise above all
other considerations than the law OF the case and
the rights OF the parties; and prefer Mr.. Evarts
because think he fills this large measure more
perfectly than any other person among those
named for the station.
T. W. BROWN.
Ny last interview was with 4. W. Brown, who
is not only an influential lawyer but takes an ac-
tive part In all questions touching public improve
ments. An ex-Confederate, Mr.. Brown is UNDER
stood to favor liberalism In politics, He said:-
'The present uncture in our national develop
ment makes the selection or q Chief Justice of the
Supreme Court most critical performance OF
official duty, If 1t is discharged patriotlcally He
should not DC selected witn reference to his pres
ent party connections. 10 would be better II some
eminent Jurist and conservative publicst, who
would be regarded oy her people as one OF them.
should be appointed RON the South. But the mo-
deratiOn OF the hour OF