The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-08
SUCCESSION RUMORs ON THE CHIEF JUS
TICESNiP.

WASHINGTON, May Z, 1873.
Tnere ID already much speculation here touching
the question OF the Chief Justiceship, and the
names OF Attorney General Williams, william NJ
Evarts, Senator Edmunds and Justices Miller
Swayne and Bradley are mentioned as probable
successors. But there Is nothing to show that the
CLAIMS OF either OF these gentlemen are seriously
regarded IN authoritative quarters, nor is 1t be.
lieved by many that any Associate Justice will be
appointed because such thing has never occurred
but once, and then did not result In succession.
The difficulty in the way OF appointing one of the
Associate Justices to the position Is that, II such
promotion be made at all, 1t should be by right OF
seniority, and the Justice entitled by that right
might not be acceptable TO the President, person.
ally or politically, such course could not be con-
sistently adopted; and II choice Is to be made from
the junior members, 1t would create feeling Of
dissatisfaction among those above him, and thus
lead to unpleasant results calculated to disturb
the harmony OF the Bench and prejudice the bust
ness OF the country before the Court.
AN ASSOCIATE JUDGE SUCCEEDS JAY IN 1895.
The only instance on record OF an Associate JUS
tice having been elevated to the position OF Chief
Justice Is that Of William Cushing OF Massachu-
setts, who was appointed by Washington in 1895,
during the absence OF Justice Jay in Eu.
rope in 1794-5, negotiating the treaty which
Associate presided and after the rejection by the
Senate OF Rutledge he was appointed and unani-
mously confirmed.
HOW WASHINGTON NOMINATED A CHIEF JUSTICE.
circumstance attending the appointment Is
worth relating. On the day of the confirmation a
large dinner party was given by the President, and
Justice Cushing was one OF the guests. on enter
ing the dining room Washington directed his eye
toward the Judge and said IN an emphatic tone,
1.-THE Chief Justice OF the United States will be
seated on my right.n No one was more astonshed
by the announcement than the Judge himself, who
had heard nothing OF the nomination until that
moment. He was much affected by the incident,
but after holding his commission about
ten days he resigned 1t, on account Of
ill-health, never in the meantime having actually
presided in Court as Chief Justice, and, although
devoted to the wishes of the President, Washing
ton could not dissuade him from the step. 1t can
not, therefore, be said strtcti uyis that he ever
held the position, nor consequently that matter
of fact an Associate Justice was ever promoted to
the Chief Justiceship.
SORROW IN THE JUDICIAL DEPARTMENTS.
At the ONCE Of the Clerk of the Court there is
great sorrow at the death OF the Chief Justice, as
he Is the source Of authority that ONCE issuing
from the Court and his course has been such as to
endear his memory to all those connected Herewith.
MIR. Middleton, the Clerk, relates the same story
OF the supposed favorable condition OF the health
of the Chief Justice as is told by others who were
officially associated with him. Nowhere is the
prise greater or the loss more keenly felt than
here. The Court OF Claims and the Courts OF the
District Immediately adjourned upon the announce
ment OF the intelligence. The departments are all
profoundly impressed by the painful occurrence
and there is general mourning among all classes
in the city.
OHIO's CLAIM TO HIS ASHES.
1t Is not known where when the funeral will
take place or where he will be buried. but 1t IL
thought by those who speak the subject that his
remains will be committed to the soil or Ohio his
adopted State, and which he loved so wen, and so
highly honored In return for honors bestowed.
Ohio II is said, witnessed his early triumphs at the
Bar, saw in him the materials for q statesman, ele.
waited him in her own and afterwards to the ma
tional councils where he has 80 long shone con-
spicuously among the greatest, and she is now
entitled to claim the custody OF his ashes and the
distinction OF his sepulchre.