The New York herald., 1873-10-11
rns appointment TO the Chief JUS
ticcship still I'm shadow-How si-
lence DiscrediIs the Nation.

IenCe Dfecro0tIB v0o NotlOms
Again the semi-oficial statements which
profess to divulge the intentions of the ma
tional administration appear touching the ap-
pointment of Chief Justice of the United
States Their Office at present is to reannounce
a supposed determination on the part of Presi-
dent Grant not to make his choice public
before the meeting of Congress. The public
is further tantalized with the hint that the Sc
lection has been made, but we miss from the
inspired declaration any vouchsafement of
reason why this ill-advised course is to be
adopted. 1t will be recollected that the crea-
lures who penned these manifestoes month
ago were not SO shy of airing supposed Presi-
Dental reasons, but they were found to be so
shallow and so easily seen through that the
public has prudently not been asked this time
to trouble itself about the Presidents reasons
for silence. The pretence that the announce
ment of the Presidents choice for Chief
| Justice would disturb the country
without any resulting benefit exhibited
such distressing regard for the
nerves Of the robust giant we call America
that it provoked only smiles. The vigorous
country which refused to be panic-stricken
when the buchu bankers and brokers and
government agents abroad suspended pay
ment had scarcely much need Of the solici-
tous care about its nerves which the party in
power or its priests of the oracle thought fit
to exhibit, lest national disaster should follow
discussion on the merits of q Presidential
aypo;pfrant Tho cip,,la hru eoua cfo oto,,oapf
that the President will not make the appoint
ment known until Congress meets is more to
the purpose, if humiliating to the country.
We have given the President credit for COM
mon sense, and one of the best indications
that he possesses this saving quality is his
ability to acknowledge that he can make mis-
takes. With all the care and conscientiousness
he could bring to bear in nominating citizen
for so important an Office as the Chief Justice
ship there are many things which he might
overlook-things which might on examine
tion render the submission of the nominee to
the Senate something he would recoil from.
Giving President Grant full credit for con-
scientious belief in what he advocates
as desirable policy and perfect con-
fdence in those whom he desires
to appoint to Office, his own experience will
tell him that he is not incapable of urging un-
timely policies or naming unacceptable per-
sons to Office. Attached, with all the steady
persistence of his nature, to the scheme Of an
nexing St Domingo, he found that again and
again the voice of the country and the vote of
the Senate were hostile to such a STEP To
his credit he formally abandoned it, while
placing on record his unaltered personal
belief in its feasibility, its ultimate necessity
and the unlikelihood of any dangerous results
flowing from it. But our democratic Repub-
lie looked on it as mistake. It is also easy
to recall the facts surrounding the announce
ment of his first Cabinet The secret of its
projected personnel was kept up to the day the
names were submitted to the Senate. 1t was
then found that the nominee to the important
Office of Secretary of the Treasury was inehgi-
BILE under the action of an old but wholesome
law forbidding the appointment of an i'm
porter to the position which directed the exc
cution Of the laws relating to imported
goods as well as other great fnan-
cial functions. Thoroughly in earnest
in his nomination, President Grant sent a
message to Congress requesting the repeal of
the law which prohibited Mr.. Stewart from
taking the Office. Congress refused. There
was no shadow thrown on the integrity of the
nominee or the good faith of the President,
but Congress declined to repeal the law, and
the country endorsed the declination, because
bo sac
which with ninety-nine men out Of hundred
in the position was wholesome one. The
President withdrew the nomination. He had
made mistake, and his course acknowledged
it. With the momentous considerations at
taching to the appointment of Chief Justice
surely some misgivings might come to the
wisest lest similar error might be committed
In the mature and well considered utterances
of Professor Dwight, Of Columbia College,
upon the matter, which are published else
where in an interview, will be found the sig
nifcant sentences at should be settled
beyond q peradventure that the public can rely
with the utmost confidence on his (the Chief
Justice's) absolute integrity. This is ex-
tremely important where life-tenure exists, and
bad mistake can with difficulty be remedied.'
From q period in American history which ex-
hibits all positions in the government, except
the chief one, in the hands of mediocrity addi-
itional care should be taken to see also that the
great position Of Chief Justice is not grasped
by the same. The assembled wisdom which
was credited to exist in days gone by, when
the Senate met to deliberate, has no successor
in the servile majority that forms the
ruling power in that body to-day. OF this
mediocrity, or worse, the President must
be well aware. Is it, then, q tribute to the
worth and intelligence of the country that
these alone should be the judges upon the