The New York herald., 1873-10-11
What Is the Ideal for the Presiding Judge
Of the Supreme Court!
A Most Important Question for the
Presidents Decision.
The Law of England and America
in a State of Transition.
An Indestructible Union Of In.
destructible States.

"
versation had some OF his views Of the qualifca-
tions which person occupying place on the
highest bench Of the land should possess. Profess
sor Dwight considers the appointment now in the
hands OF President Grant as OF very great moment
The oflce being one Of life tenure and ranking In
intrinsic consequence as high as that OF the Presi-
dency ITSELF 1t is meet that in making the selection
to I'LL 1t full and careful consideration should be
given the subject Professor Dwight, impressed
with this conviction. spoke fully, will be seen, OF
what he deemed the requisite qualities demanded
Of person elevated to a position on the Supreme
Court bench. 1t was asked by the
REPORTER-In what should the Chief Justice OF
the Supreme Court excel'
Professor DwIGHT-The qualifications demanded
OF Chief Justice are more than those supposed
to be possessed by an Associate Justice II the
matter be locked at simply as Chief Justice COM
pared with his associates. there is little, II any
reason for distinguishing between them. As
general rule the Chief Justice has only the same
powers as the Associate Justices. and his opinion
has no more legal weight then that OF any OF his
associates. 1t Is true he has the special duty OF
presiding on the
TRIAL OF IMPEACHMENT
Of the President Of the United States but this is
such special and occasional function that 1t need
scarcely be taken into account as distinguishing
i
any distinction and any special public interest in the
office consists in a sentiment which the people have
in combining the name Of the Chief Justice with
their abstract idea OF the administration OF justice.
They naturally look to the President as represent
ing the executive power and TO the Chief Justice OF
the United States as representing the action OF the
judiciary. This is particularly true at the present
time, as the action Of the President in postponing
the appointment has greatly
AROUSED PUBLIC INTEREST
as 10 the incumbent OF the o6ice. 1t seems very
desirable that the public expectation should in no
way be disappointed.
REPoRTER-What sort OF q man would you de-
sire for the office
Professor DwIGHT-An ideal Chief Justice should
not only be man Of great legal talent and learn
ing, but should have the entire confidence OF the
people as to his judicial lntegrity-shonld be able
to conciliate the good opinion OF the legal profess
sion by the courtesy and dignity OF his manners
REPoRTER-In regard to his legal abilities9
Professor DwIGHT-On considering his legal
abilities more specifically 1t may be stated he
should have o comprehensive rather than q mere
technical mind while at the same time there
should be great learning on his part. The law
both In England and in this country, is, to cer-
tain extent, in a state OF transition. The old dis
tinction which separated common law jurispru-
dence from equity is disappearing, and the time
will ere long arrive when 1t will be
necessary to fuse these two systems into
one The Chief Justice should be man
who could lend powerful aid as lar the jurSpru-
dence OF the federal will allow in this drec
ton. TO give an illustration familiar to lawyers
he should have mind resembling that Of Lord
Mansfield rather than that OF Lord Kenyon. The
constitutional questions likely to be presented
the Court from time to time require great breadth
origin and history OF the government, as well as
with constitutional law In general. He should be
A MAN OF WELL BALANCED MIND,
thoroughly respecting AL parts of the complex
plan OF our government, upholding the power OF
the general government and at the same time
strictly maintaining the powers OF the State organ
izations. He ough. not to lean in either direction
but to do all in his power to keep the two govern
ments In state OF equilibrium, always remember
ing that though this Is indestructlbe Union 1t
is also composed of indestructible States.
REpoRTER-Would his politics interfere with his
usefulness2
Professor DwIGHT-It would naturally be ex-
pected that the President would select this high
Oflice member oil the republican party, and to that
there Is no sound objection. Amy competent jurist
must have fixed opinions on the general theory or
the American government and on the true prin-
cpes ofinterpretation OIL the powers delegated in
the United States constitution. Such opinions ma
eaa tha % no 10 70 one 81 ne S
party relations instead OF his party position con-
trolling his opinions The only thing to which OBJ
lection could be fairly taken would be that there
should be no partisan feeling on his part; that
the Bench every cause should have a lair, candid
and considerate hearing, and that the decision
should be reached as lar as possible,
WITHOUT PARTISAN BIAS,
though it would be too much to hope that absolute
freedom from party predictions could be secured
Any apprehended evils would be greatly dimin-
ished by insisting that the incumbent should nave
Judicial cast OF mind leading him by the law OF
his nature TO consider a constitutional question in
the same general manner as ordinary rule OF
THE CHOICE OF THE PRESIDENT
should be directed largely to the known character
OF the man as Jurst and to his judicial calmness
and moderation OF character.
In respect 10 integrity scarcely any remark need
be made. The character OF the person should OF
course, be spotless and he should have reached
such an age and have such a position IN
the profession that his character has become
both fixed and known. 1t should be settled
beyond peradventure that the public can rely
with the utmost confluence on his absolute integ-
rlty. This is extremely important In a position
where life tenure exists, and q mistake can with
great difficulty be remeded. The bad example Of
such sue N mistake might have an effect in lowering
while on the other hand, II such a representative
man as he Is has high sense OF nonor and is In
In elevatng public sentiment, and in causing the
people to demand from all high judicial officers the
same general qualities. IL seems plain that the
public is DOW aroused 10 the great Importance OF
thoroughly
EDUCATED AND HONEST JUDICIARY.
and nothing could do more to keep up that senti-
ment than the elevation OF of the ilrst lawyers
IN all respects 70 this high Judicial seat In England
1t Is the ambition OF the leading OF the Bar to
close their career with dignity and to the
public advantage by seat upon the Bench;
should Dervadc the minds OF our leading lawyers;
80 that they should be willing to give up any prac-
tice, however lucrative for the public usefulness
which they may achieve In high judicial positions.
RRPoRrER-Would the ofrce be best flied from
the ranks OF practising lawyersp
Professor DwIGHr-Though such an ONCE az this
Is one that never ought TO be sought, yet on the
other hand. 1t ought not TO be declined by q COM
petent person, except for very grave reasons. IL
would seem, therefore, that the President ought to
have the entire body OF the legal profession open
for his selection and that the oflce should not be
declined by any one TO whom he may see ht TO
hand ft except for truly sufficient reasons. In
regard 10 the courtesy with which the profession
the Chief Justice should be person OF sucn man.
ncrs as TO make even the bumblest member OF the
bar feel a. ease when arguing case before him.
A PRIME JUDICIAL QUALITY
~ patience readiness to listen to every argument
falrly addressed TO the Court no matter from what
source u came, whether from leading members OF
the Bar or young practitioner. There should not
be added 10 the discouragement which the younger