The New York herald., 1873-09-18
THE CHIEF JUSTICESHIP.
Mr.. E. w. StOughton's Opinion on
the Subject.
Judge Curtis, of Boston, ard His
Qualifications.
Elements Of Character for
the Position.


reporter. and asked to state his views in reference
to the Chief Justiceshlp MIR. stoughton gave his
opinion freely to the qualifications necessary in
man appointed to Ill so exalted an once but ie
was only with reluctance he extended permission
to make his views public. He said -" The import
ancc OF the onice to be filed cannot be over-estt;
mated. While the Supreme Court is coordinate
branch OF the government 1t transcsnds in the de-
gree its responsibilities both the Executive and
Legislative branches
'It has been aptly termed the last refuge Of the
constitution, and when We come to consider the
mOmentous issues IL Is called upon at times to de-
eide, we must agree that sanctuary so sacred
cannot command too large Q share OF the conf
dence and respect OF the people. The qualifications
required Of the Chief Justice Of such court are
not commonly found centred In one man. We
have men among US at the Bar and belonging to
both the great political parties who are equipped
with all the learning and experience necessary to
discharge the functions OF this important oice, but
they are by no means nnmerons IN fact they might
be counted on the fingers OF one hand.
REQUIREMENTS OF oHIEP JUSTICE
''rhe Chief Justice Of the Supreme Court should
be well grounded In maritime admiralty, inter-
national patent right law and la all the complex
Jurisprudence OF the federal state laws. It Is
difficult for layman TO understand at once the
the Supreme Court. But it is not the knowledge
alone that s needed, there Is the faculty necessary
to WELD 1t with effectiveness; the clear insight
that reaches through the countless insricaces
OF legislative devic 8; through o labyrinth OF So
phisti,a peadngs; through unreason, false logic
and the many Instructions thrown around the
lucid conception OF an ISSUE"
SELECTING FROM THE POLITICIANS.
MISUNDERSTANDING tho responsibilities Of
the position do you think it wise to make the APP
p0ntment from the ranks OF the politicians
Mr.. SroUGHroN-No II would be better II the
rractice prevailed which Washington tried, though
the example was never afterwards copied In the
OF Judge Cushing, to appoint the senior assO-
cate Justice to the place. However, there il
this to be said that two OF the most prom
lnent names IN the list OF Chief Justices
were selected rom outside the C0urt-names that
have become memorable and that stand to repre-
sent great legal renown. They were Judge
Marshall aud Judge Taney. Judge Taney was one
OF the party then in power, but on the Bench he
forever ignored politics. aud all his decisions were
marked by the highest legal learning, conscien-
tiously guided and expressed. 1t is ascribed to
MIN that in the Dred Scott decision he made
use Of the expression that "a black man had no
rights thst white mau bound 10 respect"
A POPULAR FALLACY.
n you read that famous decision you will see
that no such express ion Is to be found IN 1t from
beginning to end. He referred to the melancholy
fact that the law, which 1t was his duty to ex-
pound, recognized the negro as d ohatte; and on
the law, not on the expounder, the Onus Of the de-
duction rested. Judge Taney was appointed at a
time when party feeling ran high and there was
great grumbng over the selection bat no man
could have proved himself so thoroughly tree from
partisan bias as he did during his career
upon the bench. He was withal
that endeared himself by the kindliness Of his
ever attentive to what they had to say and many
Young aspirant for legal distinction took new hope
from the looks OF encouragement this good man
extended him. AS for Judge Marshall heard
equal OF Chief Justice Mansfield OF England. Here
were two illustrations OF the best possible appoint
ments made contrary to the rule which | was
saying might be the wisest 70 adopt, namely Of
appointing the senior Associate Justice.
Chief a1s sSa no You con-
sder prize for the best legal talent Of the coun-
Mr.. sToUaaToN-U there is no assu-
rance that 1t is. In England 1t Is different. While
the party In power viii % rule select for high
are great many exceptions where the appoint
ment Is based on superior qualifications At the
confidently look forward TO oficaI nonors The best
men selected from the rauks to Ill positions in
the legal branch OF the government There are in
the Lord Chanceiorship, Is filled not by seniority
in rank rom the Bench Of judges. The appoint
ment has political motives but the appointee must
be conspicuous for his attainment as lawyer.
FIT AND PROPER CANDIDATES.
RBPORTER-Wh0 among the members OF the
Bar would you deem an eligible candidate for the
vacancy
Of such distinguished lawyer as Judge Curtis OF
Massachusetts. He was for ten or twelve years on
the bench Of the Supreme Court Is associate Justice
resignation without the pretext OF tnfrmity) and
since then, which was before the war, he has had
otun tn fahA u,.AnwA
Curtis is o profound lawyer. He may have his
equal but hardly his superior at the bar. He has
appertaining to all that vast variety OF questions
which arise In society 30 highly organized as
Ms as E % II
y REros7En-wna. 90 you think Of the suggestion
for the office OF Mr.. O'OOnof or MI EvartsY
Mr.. SrouGmroN-Mr. 0Conor Is In every way
capable OF flling so great position, but OF course
AS for Mr.. Evarts cannot see what objection can
be presented against him: He is learned, able and
OF the most IMn REaftscr
the man Or OSscurS a@e and
Mr. srOUonToN-In Q matter OF such moment
President Grant will hardly trust to his own judg-
tary Fish, who s Discerning and most intelligent
man, he may rely upon having an excellent ad-
AN OLD PLAN A GOOD PLAN.
REpoRrER-What would you say to making tho
selection for the once Of Chief Justice from that
Of the Attorney General for the time beingS
Mr. STOUGHToN.-It would be an excellent plan,
and Is recommended by precedents In the past.
First, let the office OF Attorney General be made
the prize of the best legal talent OF the country.
Of course such an ONCE would necessarily be flied
by one Of the dominant party but there Is gener-
ally about an equal number Of capable lawyers
In the great contending political camps.
The Attorney General would inevitably
In such contingency be O. man OF
national reputation, and, as the pest
representative OF tue legal talent OF the ruling
party, would be naturally recommended 10 tne
ONCE OF Judge Of the Supreme Court me quesSMons
that come before an Attorney General have bear
ings similar to those which tho supreme Oourc r ~
called upon to consider from time 20 % ',e sWce,ens
traininr RS the Supreme Court Bench, wnere
federal ISSUES are the main consideration
DETERIORATION OF LAWYERS
MISUNDERSTANDING upon the vast amount OF
legal lore it is necessary for supreme % court to
possess do You suppose tne c1urSe n.,d VI "m"Je's
studies nowadays takes In tne heia =.