New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-26
Tho Claims of the south Q

1lc New lOHk HerG!G mas interviewed
/ Ihomae }. Duyan., Esq. at Washington, on
| the question Of the suceessorship TO the
ermine Of Chief Justice Chase. With the
following result:
There are very few citizens Of Washing
| ton who are not acquainted with Thomas j.
Uuran', of Louisiana. Apart from his great
| reputation As q lawyer, his thorough knowl-
edge Of every point Of the NapOleonic code
| and the civil law as introduced in most of
the Southern States, Mr.. Durant has the
enviable reputation of having been true to
| the Union from the beginning to the end of
! the rebellion. He was selected by the Pre-
sldent TO represent the American claimants
before the Spanish Claims Commission.
found him in his office. on Four and Half
street, IN lighting trim, wearing blouse.
his hands somewhat dusty from handling
the ancient tones Of forgotten lore. The
walls OF lis spacious Office are literally law
books. From floor TO ceiling, even half con.
cealing the windows, are thousands OF the
farest Of works Having stated that the
object OF my visit was to el1cit his views on
the Chief Justiceship. Mr.. Durant said:
II have preference for one Of the asso.
eiate justices, and another for gentleman
not on the bench, but ID would be indicate
in me TO Say tho they are. ] have never
talked with the President about the matter,
nor have I heard Of anybody who has 1t
is generally regretted he delays the ap-
pointmenc. though suppose be has weighty
reasons Tor so doing. You see VI hen the
court has but eight members the justices
may be equally divided, whereas with the
Chief Justice present such thing would be
lmposs BILE. This, zoo, is not the most pleas
ant thing for . lawyer, especially in the dis
posal Of eases which come up for reargu-
ment But we can not help il. The Presi-
dent ha. determined. it seems. TO defer the
appointment until Congress meets. and we
will have to wait his pleasure
"What do you think about comforting the
appointment on one of the present associate
justices, and fill the vacancy from your Sec
sion of the country"
u told you that Of two men whom I
would like 20 see elevated to the chief
justiceship one 10 already on the bench, and
IN the event OF vacancy being created,
the appointments Of = Southern lawyer
would. in many respects, add to the legal
condition OF the bench and furnish more
complete represention in disposing Of im-
portant questions arising in the South.
Causes involving land titles are con-
stantiy coming before the court, and IN
less one is familiar with the old civil law
as it obtained in Louisiana, Alabama,
Florida, and even Arkansas, New Mexico
and California, it is difficult to decide
eqnltabiy.
You nave no idea but what the Presi-
dent will confer the position on a kepub-
lican?'
None other. Marshall was the most
ultra OF partisans, a firm tederalist, and yet
his judicial fame will live as long as the
country exists. Tany was appointed Chief
Justice on account OF lis faithful service to
President Jackson in removing the deposits
from the United States Bank. 1t was be-
fore your time. but / remember very well
the long and bitter howl the Wings set I'D
at the action Of jackson in rewarding the
subservient Secretary Of Treasury as he did
Chase received his appointment purely on
political considerations, and the fact is no
one can tell how many and what they all
were. Certainly President Grant is ex-
pected TO show his appreciation of the great
worth OF the man, whoever be appoints,
and how else is he to Judge save BY the
fealty OF that man TO the Republican
partys ] suppose there never was such |
surprise as when Mr.. Chase as Chief Justice
gave an opinion contrary to his action and |
avowed belief. while Secretary Of the Trea- |
sury. concerning the legal tender act. How. |
ever il is one thing 10 be an administrative |
officer, and another to sit in Judgment on |
the lave you may have framed and exc. /!
very great difference between an |
advocate and judge. always
1T - raid that Conk.ing took the NEST |
emphatic ground against the legal tender |
act. WHEN in Congress, and denied the right I
u Congress to pass such an act
The legal tender question is disposed Of |
forever. so chat need not be an objection to
MS appointments. However, we will not
discuss individual! claims. but leave that 60
he President"
After o brief conversation on the weather, |
-FOUR correspondent retreated, leaving Mr.. |
Duraps to the quiet of his legal works.