The New York herald., 1873-08-31
Who Is the Right Man for
the Placer
Judge Daniels, of the Supreme Court and
Ex-Governor Warmoth, of Louisi-
ana, on the Situation.
wv III A IT'S w H A II p"

After adjournment Judge Daniels received the
reporter in the 'Judges' private room" adjoining
the court His Honor Is . gentleman Of medium
size somewhat on the sunny side Of twOsc0re and
ten years. not eshy, and doesn't require specacles
to see his way through legal problem.
The Judge explained that on Monday next
new term OF the Supreme Court begins great
amount Of accumulated business has to be de-
spatched in the meantime not TO run the
risk Of its being lost sight OF at the incoming term
Judge" said the reporter, ''you will have seen
through the press that the HERALD agitating the
question OF the appointment soon to be made OF
Chief Justice of the United states Supreme Court.
have called upon you to-day in order to ascertain
il you have formed an opinion on the subject" !"
II may say that have not" safe His Honor. 81
have been so very busy of late with cases pending
before me that it has been impossible to turn my
attention to anything else. The commencement Of
our new term on Monday has thrown q terrible
rush OF business lately on my hands. may, how
ever say that the question is an immensely grave
one, to offer an opinion upon which would require
man to have devoted much time and study to it
alone. The Chief Justice Of the United States Su-
preme Court should be q man OF the profoundest
learning and greatest ability in the country. Now,
the difficulty consists In finding that man among
many. The man who may be appointed requires
especial and peculiar qualifications to fit him for
this high office Chief Justice Marshal hesitated to
accept ofit 1t Is true that at the time his appoint
ment he had not had very large experience as a
lawyer, yet he was one Of the most remarkable men
Of his day. He had an amazing ability, that fitted
him peculiarly enough to intutlvely grasp the very
pith and marrow OF a question before him. He was
able to Jump as 1t were, to q correct conclusion
on point OF law before others could arrange their
premises to argue 1t. Yet, singuarly enough, un-
Important minor matters that might easily be seen
by any common mind would escape the notice Of
descend to the level Of commonplace affairs. An
amusing anecdote Is related Of him. Once, IN trav
Groye Ws h the chief sa
run run iopl stout sapng ling On Ss+we the roaa
to prevent further progress. Justice Marshall
sat In his buggy until passing country
Justice requested the man to cut down the sapltng,
80 that his vehicle could pass The woodman, In
backing The JUSTICE Was aDs
mortified to find that the poor countryman should
know % more ore than himself but acknowledged the
next public house. AZ the time OF receiving the
dollar the owner Of the house asked the woodman
said the man; but II he had not left thai dollar
would have thought MIN q FOOL"
the on,ef Justice asked 's the reporter '
"Not particularly !" answered Judge Daniels; ''but
anS to Of Of ss ce 70 st
Washington for . term and stay ali winter. His
position requires that he should live in o certain
ments during the season. This runs away with
the salary Of the orace-rormerly $1,000, now
make but little dinsrence one T way or the other.
Certainly the ofiee should be better paid"
vorably with % tha: Of most European countries as
II think" said His Honor, "that we compare
favorably with any country. Perhaps in the mat
ter of-what is nov to US nearly obsolete learn
ine-the Roman ctvil law. England may be a
course we have many lawyers as deeply read at
these classic fountains of legal knowledge as can
their codes OF law are less subject 50 modification
than ours. Theirs are more uniform throughout,
the ever-changing requirements OF our new coun-
try needs amendments in our laws men Of the
hours to learn the state Of exsnS sSaH
at liberty to pore over black letter lore, notwith-
standing the agreeabeness Of tnis instructive pur-
"Your Honor viii remember that until very
lately little or no restrictions were placed In the
bar What erect do you think that had upon the
general genera learning and ability Of our lawyers as
ait is always good to have as high q standard
OF knowledge as possbIe,' replied the Judge,
.ior admission @ to any profession. the law par.
who enter lawyers oiice just after having fin
ished classical education at college are not al
ways the successful ones. Their refined natures
and delicate instincts impel them to shrink rom
the drudgery Of office work at the outset OF their
men Of other liberal professions, must by force Of
necessity do good deal OF disagreeable WORK;
which naturally falls on the shoulders OF the
young beginner. Finely educated youths
are apt to. be fastidous and seek to
shrink from these necessary but dsagreeable
duties. Ispeak OF what only happens sometimes
On the other hand, ayoung man who, with COM
mon school education enters an ONCE usually does
to succeed. He goes through the various grades
In the o1ice, from the very sweeping tit out He
Is Injured to hard work and pursues his studies
N IN hn me nf nd
yersity. such young men frequently become In
AburninG and %a shining light
No; some men are peculiarly fitted to excel In the
law, while others
rbs;r Il honest stin nature rarI made s them fools
Clean out Of season."
'Pray tell me, Judge, do you think that mans
being politician should be recon (endation or
otherwise to the vacant Justiceshipf)
should not be appointed to this great ofce think
Inc position OF lar lar more importance than that Of
may enjoy the otfice for thirty years or more as
his term Is during good behavior Sometimes
Court, ana may go to the Supreme tribunal. To
guard against a politicians having 70 decide upon
has never been noted partisan should MI this
great trust OF she people. know OF several
parsan udpes and mat s were ~
bear the stamp Of political leaning; 80 much so as
TO materially weaken heir weight as preCedents
In law. All this should be prevented by every
means IN the peoples power; and one way to &C
compsh IT Is by means Of the press, to afford the
the better to enable him to put the right kind OF
man In the chair lately 30 honorably fned by the
lamented Chief Justice Chaser
Governor Warmoth on the Situation.
Governor Henry G. Warmoth, recently Chief
Executive OF Louisiana, was found in his rooms at
the Fifth Avenue, taking soda and chlorate Of
potassium for q heavy cold which he had caught at
New London. He was very hoarse, and conse-
quently found 1t somewhat dinicult to express any
very elaborate opinion on the questions Of the
Chief Justiceship and CHsarism. The Governor
was accompanied by Colonel Jack Wharton, ex.
Secretary OF State, OF Louisiana, whose health
was strong enough to permit him to venture an
opinion or two.