The New York herald., 1873-09-15

the dominant party TO I'LL ofices from among them
selves exclusively
Mr.. MCKEos--It nearly always has been the case
ana suppose We need expect no change at this
late day. All that the vanqulsned party can hope
for ID that the administration shall give US good
man and an able lawyer-one who is at the very
top of his profession. No other would give salts
faction. 1t is more than likely that nearly every
man acquainted with our judiciary system has
preference as to the person whom he would like to
see at the head OF the Supreme Bench. l would
very much like to see Mr. Charles O'Conor there
He far overtops all others in the matured wisdom
and varied learning OF the profession. He has
dedicated the long years OF busy life to the ao-
QUESTION of
AN 0'AffA0A0hA'Is fsssge''0S sSaS. OF LEGAL hS0"1
Party interests will be consulted. as usual ana
the most convenient, though, perhaps not the
ablest, man chosen.
REroRrER-Do You think tnat under equal Ctr
cumstances, man who Is known as politician
should be preferred to one who is not9
Mr.. Observation-Disclosures have always been ap-
pointed to such Offices. Those positions have been
given in reward OF party lealty. 1t should not be
So because the constitution Is liable to be mscon-
strued in favor OF party purposes think that our
great Magma Charta Of liberty has been intention.
constitution lays down the law that gold and silver
alone shall be legal tenders. yet 1t was decided by
the Supreme Court that paper Is Just as good as
these precious metals This decision Is what
look upon a. an unlawful inlractlOn Of
THE LETTER AND THE SPIRIT OF THE CONSTITUTION.
But 1t was . decision made to suit the pressure
OF the tiDes The great crusade-lOr 1t amour ted
almost to u religious crusade-oi the North against
slavery swept away the old anu respected land
good constitution am stlcker for its strict OBJ
servance III all respects. Unless the laws as they
ac'g M eXs @ pe te SSay mere can ee
judge would not decide tnat paper could be made
legal tender, when the highest Law known to our
the circulating media. 1t is therefore, ol the first
Importance to have non-partlsan Judge.
legal Knowledge in Chief Justice to enable him to
grapple with all the seemingly confctng laws
governing cases involving SO many nice points :.
legal information. In all the many states C0mpoS-
ing the Union each one has its own code OF special
tuition. Their copiousness is perfectly bewilder.
ing. But Chief Justice to I'LL his mission, should
be familiar with all their nice shades OF difference
and various distinctions. He must be master Of
constitutional law in all its branches and its
ADMINISTRATION UNDER THE FEDERAL STATUTES
International and maritime laws must at the same
time, be well known to him throughout their wide
ramfcations. TO obtain SO vast and necessary
knowledge man must IN the first place love
the second place, have first rate abilities to re-
member, retain. digest and apply 1t in the ever
RgPoRTER-Do you think that the science of the
law is as successfully studied among us Americans
Mr. McKEoN-Much more so Ihave read with
interest La the HERALD the views Of some OF our
eminent jurists on this question, and am con-
vinced Of the truth OF what one gentleman said
Judge Daniels, was IL not f-nanely, that the di.
verslty Of our law eXocts very close application on
the part OF the practitioner to keep himself pre-
cisely informed OF Its actual state on given ques-
ton. A man must be all the time close student.
And lawyer who may be good counsel on the
law OF his own State probably knows but little or
that In some otner II he moves from the State
where he Is accustomed to practise he has to go
through new course Of reading to learn the
notifications Of the laws leading principles in his
new sphere OF action. This Is not so In most
European Towers. Their statutes are more uni.
precedent and practice as with US. the science Is,
for these reasons, more cultivated with US, and as
Americans claim to possess
AN EQUAL AMOUNT OF ABILITY
to excel as any other people, we may look upon
ourselves in the light Of being as much advanced
CO country Inc vastness Of our everyday in.
creasng practice Is the best proof OF this assertion
mine during lie or good behaviorP
Mr. MCKEoN-When once man enters upon the
discharge Of his duties as Chief Justice he should
be confined in Office as long as he can efficiently
perform and does nonorabiy iulfl the require
ments OF his trust. mans accession to the Chief
Justceship should at the time be his entry to
the portals Of the political tomb. The judicial er-
mine ought TO be his political pail. He should be
politically inferred and never again resur. n:
resson conFng 20 be- wa
interested in this affair. He would not, probably,
% him IN a. premature re. political grave He is young
and, 1t is more than likely, entertains good hopes
OF yet filing the Presidential char. None OF our
Chief Justices were ever thought OF up till the
present as possible candidates for the Presidency,
and l hope that none Of them ever will in the
future. 80 long as it Is understood that the Chief
Justice cannot be
A CANDIDATE ON THE PRESIDENTIAL TICKET
we may hope to preserve that great administra;
state but let it once be conceded that the ermlne
may be tra!led through the mre OF politics, and
the Se % oss Ss tS SsnJ% % g Sqs S
would not scruple to use It for their own selfish
ends There is no danger OF this. The people viii
not lend themselves TO introduce OF tnis ate day
ton upon which new incumbents step into the
Supreme Bench-that is, exclusion from politics.
country than NJ that Of the Chief Justice The issues
decided by some OF the opinions delivered from
the Supreme Bench have been OF the utmost
Importance. Some OF them have been thought
illegal; for instance Chiei Justice Taney's decision
In the celebrated Dred Scott case, and the other
the provisions OF the constitution, assumes to make
paper on par value with gold. ln time Of great
s OF the Su q was T
the less legal and constitutional for oil that Those
who have known Chief Justice Taney-one OF the
are fully convinced OF the purity ol his motives and
the business OF the views that moved him to deliver
his celebrated opinion The history OF his lie,
which has been lately published, shows him to have
been
-A man, take him for all in all.
shall not look upon his like again.
His opinions win stand the criticism OF time. But
as to the decision which declares paper to equal
gold In value, simple inspection OF what our
fundamental law in the constitution lays down
amply justines any man Of common sense In pro.
nouncing 1t not well taken.
Mr.. w. r.. Beebc.
Wall street. Mr.. Beebe is stoutish gentleman,
under medium stature, with fair hair. ruddy coun.
tenance, blue eyes, and is on the shady side Of
nIty.
The HERALD representative made known the OBJ
ect Of his visit, which was to ascertain the learned
gentleman's views upon the question Of the Chief
Justiceship.