The New York herald., 1873-09-09
A PLEA FOR AN tNCORRUpTIDlE FOSSIL.
Counsel for the People Against
the Powers That Ee.
WAMTED-AN IKFLEYI3ls LAWclyER.
Evils Of Packed Supreme Court-Conkling Out
Of the Race-The Appointment Like y To
Be Made from the Supreme Bench.


appointment OF Chief Justice to the United States
Supreme Bench, successor to the late Chief
Justice Chase. With view of ascertaining the
opinions OF the Pittsburg Bar IN this important
matter your correspondent called on number OF
she most prominent members Of it, and herewith
presents the substance OF the conversation that
ensued relative 10 the vacancy the bench OF the
Supreme Court Of the United States and the ittesr
person to fil it,
MR. THOMAS NJ. MARSHALL
Your correspondent first called on Thomas NJ.
Marshall, who Is considered one OF the brightest
legal lights in the State. Marshall IN politics is a
hbera and during the last Presidential campaign
he worked zealously with voice and with his
Rbundsnt means to bring about change in the ad-
ministration. He received me very courteousy
and did not hesitate moment to give the HERALD
his views in relation to the Chief Justi0eship.
''There is" he said, "a very general and sincere
desire existing In the mind OF the legal pro sson
In favor Of the appointment OF some able and lnde-
pendent lawyer to the position. Some Of
the later appointments to the Supreme
Bench have caused suspicion and alarm.
The impression is general among lawyers that
certain parties were chosen because they
entertained particular opinions upon one question
affecting the finance of the country. The impress
sion which prevails strongly among our partisan
controlled by financial men rather than by states
men or even politicians.
CORRESPoNDENT-Hav You any idea whom the
Executive will appoint?
Mr.. MARSHALL have not. The appointment OF
Chief Justice however will be fair test Of the in
nuence which controls the President If he ap-
points Mr.. Evarts, Judge Hoar, or some other emf
nent lawyer who Is not an attorney Of an interest
Or class, 1t will be fortunate for the country
not recall man mentioned in connection with the
Chief Jnstitcship who is well qualified by learning,
culture and training except
WILLIAM NJ. EvARTs OR JUDGE HOAR
Howe has neither of the great requisites, original
power of mind, culture and practice. Conkling has
ability, but it is partisan ability, without much
legal experience. II Mr.. Conkling or Mr.. Howe or
any oGher party politician is appointed it will so far
DIX the character OF the present administration as
main instrument of perpetuating the power of
party.
SLAP AT THE RAILWAY AONOPoLIEs.
My own apprehension Of danger arises from
the absorbing and far-reaching power Of money
corporations, and the appointee should be free
from all interests or Tenderness on behalf OF any
pne litgated interest. The Chief Justice should,
above all things have personal honor that would
protect him from ever forgetting his exalted posi-
tion and that justice which is blind TO parties and
persons.
Mr.. JAMES q. HOPKINS.
Your correspondent next called at the ONCE OF
Mr.. James Fl. Hopkins, q most ardent democrat and
lawyer OF prominence.
CORRESPONDENT have been instructed by the
HERALD to learn the views Of some OF the principal
members OF the Pttsburg Bar in relation to the
Chief Justiceshlp OF the United States.
Mr. HOPKINs-In the first place | think the judi
ciary should be as free from party intrgues the
<1,rfla oJp and tlou
vino discharge them should be altogether pure
CoRREspoNDENT-Who, in your opinion, is the
person best fitch for the position
HON. JEREMIAH S. BLACK.
Mr.. HoPKINs-In my judgment Hon. jeremiah s.
Black is Of all men, most qualified for the position
Of Chief Justice of the United States; but his ap
pointment would be so grand and magnanimous
an act that its possibility cannot be entertained.
Hon. Lyman Trumbull would be an admirable Sc
lection.
CoRREspoNDENr-wnat reasons do you We for
your preference for Judge Blacks
Mr. HOPKINs-I prefer Judge Black because, as
Chief Justice OF the State of Pennsylvania, he dis
played in an eminent degree all the qualities which
adorn such stations. He has keenly analytic and
comprehensive mind, brimul Of varied In
formation, embracing all branches OF learning
and scholarly attainments. He is an original
thinker ana powerful lOgcian. His style is w0n-
der1ully vigorous and at the same time 1t is pure.
He IS prominent democrat, but no politician, and
has not mixed with himself up in the management
OF party machinery, as 1t is expressed The repub-
licans should wish such man on the bench as
mint to draw the fire from the judges OF their own
party whenever political questions are discussed.
He Is perfectly pure and incorruptible man. The
judicial ermne on his shoulders would have no
stains to cover.
CORREsPoNDENr--what is your impression of the
gentlemen prominently named for the vacant
Mr.. HopKrNs-There is Conklng, who is entirely
too handsome for Chief Justice; the black gown
would hide too much manly beauty, and deprive
him Of the pleasure Of displaying his proportions.
He is too much OF an Adonis to become Judge.
Neither Pierrepont or Morrill, would do. Williams
is colossal enough to have thrown reputation for
legal ability across the Continent. He and the
others named are well known, but mainly because
OF the position they have filed and the services
they have rendered the party. Caleb Cushing is
great lawyer and would ill the position witA
johnson.
CORREsPoNDENv-woud the current salary of the
Chief Justice Justify an eminent lawyer in giving
up his practice to accept the position
Mr.. HOPKINs-Of course not; any OF those gentle
men named could make fve times as much by
something and the tenure something more. Still
the office Is OF at least equal dignity with the Presi-
dency, and there Is neither wisdom nor justice III
making such great disparity In the salaries.
MR. HILL BURGwIN
=, Ihe correspondent found this gentleman in the
pages OF a fat volume, very dusty and very old in
appearance. Mr.. Burgwin hesitated about express
Ior the vacant Chief Justceshp for the reason that
ne did not think 1t mattered much what opinion
Private citizen would express; 1t would exercise
HUE or no influence on the Executive in making
that
Mr. WILLIAM N. EvARTS
will receive the appointment. l know OF no one
VINO combines IN so great a degree the varied
qualifications which properly belong to the olice OF
Chief Justice OF the United States. Mr. Eyarts is
representative man: Both at home and abroad
his reputation as thorough jurist and an accom-
plished scholar Is well established Not ONLY is he
at the head OF the profession in merely municlpol
law, but his eminence as a institutional and In
ternational lawyer has been equally as well main
fained He would be worthy successor oI the
great men who have already adorned this hig6
Of1ce, and his appoint tment, to which certainly no
Just exception could be taken, would ref,ert
credit upon the administration at hsme and
npon ourselves as nation. / trust no
one will be appointed whose reputation
rs chiefly political. Not that would object to such
. one as party man. or Tor fear that his political
bias in any offensive sense would be brought with
MIN to the Bench but simply because on The time
and thoughts which he has devoted to politics has