The New York herald., 1873-08-28


to receive the appointment and II so should not
like to mention any names. should be perfectly
free to do this because 1t is quite certain that my
political position-if there were no other reason
would prevent me being one Of the designated
parties"
"Of course the HERALD would like to have your
opinion as to the probable nomination, but can
quite understand that you would have feeling OF
delicacy about that, and therefore VIII not ask
for any opinion. ! may, however, probably be al
lowed to ask you II you thinx the candidate VIII be
taken fromkhe West or whether the selection VIII
be made from New York Staer
81 think 1t is not unlikely that New YORK state
win have q candidate, VINO may be nominated.
The last Chief Justice was from the West. MI.
Chase was from Ohio. you remember, and there
fore 1t would seem to be fair that more eastern
State should receive the nominations; though
THE ATTORNEY GENERAL, MR. WILLIAMS,
Is spoken Of and said to be In great favor for many
reasons. with the President He is from oregon,
and that would give 1t to Western State"
"Do you think that the public business is delayed
IN any way by the non-appontment OF Chief
"No, sir net In any way. The senior Judge ts
virtually for the time being Chief Justice; and Mr..
away from the Bench that practically the delay
does not make the slightest difference to the prog
ress of the business OF the OOurt.n
at Is said, Mr.. O'COnor, that General Grant viii
not make the appointment until December"
''That, OF course. is to obtain the confirmation
Or the opinion on s Ihe senate simultaneously with
AN EMINENT FITNESS
In that which, OF course, commends itself to every
ones Judgment Indeed there is precedent, as
We lawyers say, for not doing otherwise. think
1t was the second Chief Justice appointed-ap.
pointed BY General Washington, believe-Judge
Rutledge. 1t was in July, 1885, President Washing.
ton appointed him Chief Justice OF the United
States. He presided at the succeeding term OF the
Supreme Court But the Senate assembled IN De-
cember, and for political reasons, refused to CON
e t1i If
deprivation continued until the time OF his death In
July, 1900. so that haye no doubt that General
Grant has been reminded Of this circumstance; and
there are many other considerations, indeed, that
might induce him to withhold his nomination until
should not do So and, in all probability we 81 all
not know confidently, who Is selected until about
December"
mr.. Wheeler III. Peckham.
The reporter encountered Mr.. Pcckham leaving
his office. and said-
'Mr Peckham, am visiting some OF the prnci-
pal members OF the Bar to ascertain their feelings
upon the question OF the Chief Justiceship OF the
United States"
Mr.. PEckHAM-My opinion is that the once should
be filed by an able lawyer Of great experience and
q thorough knowledge Of constitutional law. The
Chief Justice should be lawyer In the fullest sense
OF the term.
REPoRTER-But, Mr.. Peckham are there not
other qualifications necessary Should he not be
man who has stood aloof from active participation
In party politicsS Apartsan would hardly do for
that ONCE.
Mr.. PECxHAM-Nearly every lawyer is more or
less identified with party politics. All lawyers
have very decided political opinions, and man to
Ill the chair of Chief Justice should nave decided
opinions.
himself up in the management of party machinery
Mr.. PEoKHAM-An lawyers, as have said par
ticipate more or less In politics. have had much
to do in politics. although have not taken prom.
inent part in party machinery. We want gentle.
man OF broad and liberal views and very decided
opinions. These are the great qualifications for
REPoRTER-what seems to be the opinion Of the
Bar ON the subject Who would be
THE MOST ACCEPTABLE
Mr. PEcKnAMmMost New M York lawyers S S are la not
tise In the Admiralty Court and patent cases are
Interested My own choice would be Mr.. Eyarts
Mr.. PECKHAN-He would not meet my view at all
ClarksOn N. Potter.
The representative Of the HERALD sent in his card
to the sanctum OF Mr. Clarkson N. Potter, one of
the most genial and dIgnifed members OF the New
York Bar, who has his Office In the Pacific Mail
Company's building in Wall street. On being ad-
mitted he remarked to Mr.. Potter:-
II am visiting some OF the leading members Of
the Bar to ascertain their feelings upon the vacancy
in the Chief Justlceshp OF the United States, that
is attracting much attention just now. Have you
any objections to giving me your views as to what
you consider the requisites necessary to be pos
sessed by the Chief Justice ?"
SWELL" said Mr.. Potter, che should have every
requisite necessary for 30 high an office; he
should have not only great legal require
ments, but also political knowledge. Ques-
tions often arise that require statesman as
well as lawyer to pass upon: The position from
1900 to 1865, Which Is period that comprises the
entire growth Of the United States, was filed by
two persors-John Marshall and Roger Brooke
length Of lie, high character, talent and wisdom,
gave dignity to the Office They left 1t not only
without stain, but alter having ned the post with
noble action, have lifted the very Office itself In
The esteem OF the American people
man to worthiy I'LL 1t should be great man,
far-seeing statesman, and one deeply versed in the
that call for the verdict OF the United States Courts
are increasing. owing to the National Bank law,
the extension of great railroad arteries throughout
the States and litigations growing out OF great
transactions. The duties OF the office, conse-
quently, viii be enlarged very greatly, and the best
sThink you would the fact that gentleman had
taken tai an active part In politics be an objection to
"No; do not see that 1t should,n said Mr.. Potter
"He must often decide political questions that may
arise, and knowledge OF the politics OF the coun-
try would be necessary; yet he should not be
partisan. Mr.. Curtis, late Associate Justice, would
be acceptable to the Bar; but as his appointment
Is impossible Mr.. Evarts would likely be the next
choice.
ROSCOE C0NKLINd,
Ihave no doubt, could have 1t II he would accept"
"Mr. Morrill,, OF Maine, has also been mentioned
in this connection"
81 do not know much about his legal qualinca-
tions, but politician esteem him as highly as
any republican whose name can now recall. 1t Is
too much to ask President Grant TO appoint the
man who would be the choice OF the Bar OF the
country but it Is not too much to expect that the
one selected shall be lawyer and statesman Of
the highest character and attainments.n
Mr.. william A. Beach.
This gentleman, so well known as a prominent
lawyer was found at his o1lce and in answer to