The New York herald., 1873-09-15
Additional Legal Opinions on the
Subject of the Coming Man.
Views Of Judge PierrepOnt, Augustus Schel,
John McKeOn, W. R. Beebe and
Mr.. Mcfarland.
Judge Pierrepont.

important one; but have formed no set idea as
20 who ought to be the coming man for so distin-
guished trust I believe, however, that when
the President does make the nomination he win
do it very independently 81 what anybody may
think OF his action. He is responsible to the coun.
try foS the worth and efficiency Of the nominee,
and, therefore, should be at entire liberty to make
his own choice. IL Is impossible to please
everybody, and very difficult to satisfy
even majority. The nomination may pos
sibly take the country by surprise, or even
give good deal of dissatisfaction at
nrst. 1t has always been 80. And yet in three
months the people will settle down in the opinion
that after ALL the new Chier Justice Just best
man for the place. Upon the appointment Of Roger
b. Taney, the North set up howAof dispeasure
at his advent to ofice. yet afterwards became ex-
tremely well satisfied with his judicial acts His
opinions are second to none OF our Chief Justices
as precedents IN law. They are unquestioned, eX-
cepting, indeed. the celebrated Dred-Scott case,
which was rendered at time OF great public ex-
citement on the question OF slavery and was soon
after followed by an Obstinate bloody war; brought
about by that peculiar institution"
'DO you think the President will make his selec-
ton nom the republican party"
ONCE CHIEF JUSTICE NO LONGER POLITICIAN,
''There ID no good reason why he should not.
that rule has been invariably followed. At first
the nomination OF Mr.. Chief Justice Marshal was
not well received by the people, but subsequently
ne was very We'll liked. Upon mans accession to
ONCE he becomes conservative. He ceases to be
party man. The very duties Of his ONCE bring
about change in his mind. The advocate or
party man sees but one side of q question at
Issue. The judge looks for evidence, balances and
discriminates between the alleged proofs support
mn Qkaah i'm
conservative, and that sentiment grows with his
years m Office He goes in a party man, and ere
ism. There was Mr.. Justice Story. He went
into office hot mouthed democrat, as was
lost all pronounced party feelings ana became
widely noted for highly conservative and justly
nished by the history OF our Judiciary show that no
apprehension need be entertained OF any lncunl-
bent Of the Supreme Bench carrying into Court
with him, or, indeed, remembering, party preju-
dices much less being guilty OF leanlngs to this
that class Of citizens because OF sectional politics.
There can be no difference Of opinion among
members Of the Bench and Bar as to the proies.
sional requirements necessary to constitute an
but the man who may be paceS On the
pinnacle OF an exalted profession should be gifted
with talents of no ordinary nature. 1t has been
well said that good lawyer does not always imply
good judge. A lawyer may grasp well enough
his own side Of question and possess acumen to
mot follow that he could mount the bench and
grapple with bewildering array OF opposing ar
guments. all seemingly based upon good legal
NO ORDINARY MAN OUGHT TO BE APPOINTED.
An ordinary mind would be lost on the Bench OF
any OF our inferior courts, and how much more
difficult would 1t be to treat the great questions
that are constantly before the Supreme Court ? In
tiOnal law, as between the United States and any
other power; points OF constitutional law, invOlV-
ng the right Interpretation Of the peoples, great
government, and between the different States and
territories among themselves; matters OF dispute
n q Al ~ Un ~
OF maritime practice. The entire body OF the law
rests LIS immense weight chiefly on the shoulders
particularly presses upon the responsibility OF its
presiding officer."
connection with the Chief Justiceship."
~ know 1t has People have spoken and writ.
Ten TO me % on the subject Newspapers are occa.
papers. received from the South and West, having
paragraphs IN that sense, which have marked.n
The reporter noticed some lengthy articles in
number OF periodicals. from several States. As
HIS Honor did not volunteer any further comment
on the delicate point Of hts candidacy the re-
a5o j5i think, sir, that when Judge assumes
the ermine on our supreme tribunal he should
cease to be among the possible candidates for the
"Assuredly do. Public opinion, which is all
powerful among US Americans, has long ago settled
that point. Some Of our chief justices have, on
seversi occasions. attempted to intrigue IN small
way to procure the nomination as candidate for
the Presidency from the popular party o. the day
but such asptrants have always been nowned
enters upon the high duties Of Chief Justice he
should cease 20 be available as candidate for
presidential hOn0rs. II this were not So, our
judiciary would never be 80 pure as it is.
CHIEF JUSTICE OUGHT NOT TO ASPIRE TO THE
Chief Justice in tnscaNS EXPECTANCY of nomination at
the hands Of political party might he apt to carry
prejudices on the bench with him, and leanings in
perhaps insensibly. faint his decisions with party
leanings That would only be human. To err Is
people have wisely determined that the supreme
bench shall be the political mausoleum Of It's Occu.
'Ths, then, Judge would possibly prevent
Senator COnkng from accepting the office, il
oasred; he e. may aspire to the chief magistracy OF
81 DO not know what the President thinks of the
matter. ! have not seq him for q long time. Not
went to thank him personally lor rendering it to
me. One thing will remark, and that is, that MI.
Conklng has perfect right TO aspire to any thing.
He ts the most brilliantly able man OF his years
years Of age and his Individual talents apart irom
State now more powerful than was all England in
the glorious days Of Queen Bess-entitle HIM to
Sis the salary Of the Chief Justice comm ensurate
with the responsibility aud dignity OF the oicef"
HOW 4 MAN OF THE LAW MUST STUDY.
eyes, 1t is. Alawyer has q long time to study
before obtaining admission to the Bar Indeed his
life should be one OF continual application to his
sSTe he little short forty yesfs Then He COM
mences to reap the benefit ol diligent study and
close practice. For fifteen or twenty years. more
or less. he enjoys handsome income, and is able
70 accumulate money. At the age OF sixty-hye his
practice begtnsto ial OF, and eventually tapers
away, until at seventy he is without clients. For
at this age his mind and body can no longer sus-
tain the strain and vigOr necessary for the prose.
cuti0n Of his duties After seventy, being without
proceeds Of his useful years. The salary OF Chief
Justice, originally 6o00 was raised TO 5000 and
lately TO $10,0OO-Or more exactly-$l0, $50. II
man enters the ONCE in middle lie, he may not
only enjoy the salary many years, but at the age Of
seventy, may retire from the Bench IN the ENJOY.
ment OF this salary, when seems quite sufficient
20 meet the wants OF any reasonable man and his
family. The demise OF the late Chief Justice at the
Deglhnlng OF term, has left an opportunity for
the questions about the Office to be discussed and
canvassed IN manner hitherto unknown, and in
away 'pa' wiz doubtless yet be Of public service.
Mr.. IL r. ~