The New York herald., 1873-10-17

we all know, Jde importance OF acting auViseou
and OF resis. ing all improper Influences
CoRREsr roNDEsT-This Is the object which the
HERR sD has in inviting expressions OF opinion rom
those whose associations and practice gaalify them
to speak reasonably and without preJu9yte upon
this subject.
Judge CURrIs-It is an once w,aich, think, no
man should aspire to I'LL; reither should one
lightly form an opinion as 20 the qualification OF
any individual for IT. Tfoud not like to be quoted
as expressing any cseoice. II ! can serve you In
any other way h viii give me pleasure to do So
the :-nner In which the Judge declined to give
0 ~ decided views was SO gracious, at the same
time 1t SO rrm, that to pursue the subject fur-
ther would have been to trespass upon the cour-
tesy gentleman who appears to be the choice OF
a great portion OF the Bar for the ONCE which had
been the subject OF our conversation.
VIEWS OF JUDGE PAscHAL.
Among the prominent members of the Bar In
Washington is Judge Paschai, OF Texas and we give
his views and preferences in regard TO the Chief
Justceship Certainly no one has better right to
be heard. Judge Pascnal is a quiet man, who has
retired from all political strife and given hts whole
time to the duties OF his profession and the edit
ing OF law books which have worldwide reputa-
ton. Journalists also remember him as an editor
who through every phase OF his life never lowered
the nag OF the Union. To the question as to whom,
as practitioner in the Supreme Court, he would
prefer for Chief Justice, he answered frankly,
II have no choice which would probably be re-
spected have never before uttered q syllable
about it, but have no sentiments to conceal
The appointment ought to be given to some South
ern man. While oppose the constant recogni-
tion OF the old geographical fiction which disre-
garded all latitude, and based North and South
upon the accident of negro slavery, yet 1t was a
fact that no one OF the late slave States had any
representative upon the Supreme Bench and yet
there are peculiartties Of laws in many Of those
States, particularly In Louisiana Texas Florida.
Arkansas and Missouri, where many Of the elements
Of the civil law and many rights to lands founded
upon the Spanish and Mexican systems are still re-
tanned, with which member ofthe Bench since Mr..
Justice Campbell left 1t can be at all familiar. It is
settled rule OF the Court to rest Its decisions upon
the law OF property upon the rulings Of the local
Supreme Court; but it is impossible to follow this
rule while onehaf OF the States OF the Union have
no voice on the Bench. At any rate, greater time
Is consumed In the examination Of causes from
those States than can be spared, since the docket
is already crowded in manner which almost
amounts to denial OF justice
81 admit that all this is true; but, Judge, the
President might not be able 10 find the material
for Chief Justice in your section"
selections OF men quite as learned as any who
Southern States. 1t should not be forgotten that
Marshall and Taney received their education and
legal training in the South, and that the great
constitutional questions which have most distin-
gushed them arose in those States. And II any
one believes that these were isolated cases let
him compare the volumes orSouthern reports with
those any other section and he will that very
many OF the opinions were in no way inferior to
the best law learning in the United States. In fact
most OF the great causes which have involved the
conflict Of laws have been solved by Southern
jurists." -s
.sThere may have been o deterioration among
the Southern Bar owing to the events Of late years,
and the President might not be willing to select
from among those who had made war against the
government"
sThat is mistaken notion. There has been no
deterioration on account Of the war. The very
events have caused o deeper study OF national
Jurisprudence and more enlarged understanding
OF constitutional law. for the field OF adversely is
always q good school. And e the political
status OF the Southern lawyers, the war should nos
be perpetuated. The very position would make
any one but natural extremist conservative; !;
besides Judge Paschal added, with no little ear
nestness) all the legal talent OF the South did not
join the rebellion. There were not few who shared
more dangerous devotion to the Union than any
Northern man had to encounter. Many OF them
gave their services their fortunes and their lives
to the Union cause, and it was q reproach to the
republican party that no one OF these had been re-
warded. or course no one OF these expect 50 dis
tinguished position. One thing is certains the
Southern men who dared to be Union advocates in
such an hour were not made OF the stun to ask for
oncial patronage; that is left to the miserable
carpetbaggers who have given 80 unsavory
character to the Union men OF the South"
"The President might be induced to give the
appointment to some one OF the present asso-
ciates. and then fill that vacancy from the South.
The legal magazines have advocated this course,
and 1t seems to be very popular"
"Several OF the Judges have been spoken OF, all
having about equal merit, and the Presidents DIM
Guilty would be the want Of q precedent-the fear
OF an invidious discrimination. He has his own
views about the learning ability of the Judges
whose claims had been argued, but only Judge
from their opinions and previous history, and pre-
fer to express no choice"
"Among the lawyers who have been prominently
named who Is your preference ~
"Of those North Judge Curtis Is the most at, as
well from experience as the judicial character OF
his mind.u
VIEWS OF JUDGE CASEY.
Judge Casey, formerly Chief Justice OF the Court
OF Claims, who resigned the once as Improbable.
when he could make as much In q single case as he
could by sitting on the Bench q whole year, re-
ceved your correspondent courteously, on his ex-
planning the object OF his VISIT preacing his opinion
with the statement that all he wished to say
would be direct and brief. With this understand
ing put the question,
II should like to obtain your views as to the ap-
pointment OF Chief Justice Of the Supreme Courts"
Judge CAsEY-Well, sir, have very decided
opinions on the matter II Is probably neither
prudent nor modest in me to express them for pub
lication; but, as they are honestly entertained,
they may be expressed without presumption or
offence. II the appointment is to be made
from the profession, and not from the Bench
OF the Court, am free to say my choice
would lie between Judge Curtis and Mr..
Evarts. There are some considerations