The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-13


successor. u order to afford our readers an
opportunity to learn the opinions of well
known lawyers and others q. the subject we
obtained and published the views of several
prominent citizens in the form of interviews
with our reporters, and thus presented wide
field of information, embracing all shades of
political sentiment, for the study of the admin
istration. With the broad area of the whole
United States spread out before him, and with
his choice untrammelled, we had hoped that
President Grant would have been enabled to
call to the position, before this time, some
distinguished distinguished, not for po-
litical Skill but for his unblemished character
and superior attainments- appointment
would have commanded the approval Of all
good citizens. This hope has been disap-
pointed; the vacancy still exists, and there are
rumors that the politicians are anxious that it
shall continue to exist and that no selection
shall be announced by the President until the
next Congress assemblies. There can be no
worthy object in this delay. 1t can be desired
only for one of two things-to afford an oppor-
tunity for political barter, or in order that
some personal consideration may be gratifed
in the appointment which it is expedient
to keep from the knowledge of the country
until the confirmation of the Senate shall be
secured The points involved in this move
ment of the politicians are thoroughly under
stood by the people. fthe President appoints
the Chief Justice at once the choice he makes
will be known nearly three months before
Congress meets, and public sentiment can
demand its confirmation or rejection by the
Senate. If the appointment is withheld until
the Senate is in session it can be sent in to
that body and confirmed before public sent-
ment can be heard against it or in its favor
The pretence in justification of delay has been
that it would be unfair to make public an APP
pointment which might be rejected by the
Senate but the choice of the President for
such an Office should be one which
the Senate, despite it's indifference to
popular sentiment, would not dare to reject.
unfortunate for the nation and fatal to the
administration if it should be found that
either political or personal considerations
have influenced the choice. It was shock to
the public mind when appointments were
made to the Supreme Court for special object
of the financial interests; it would be still
greater shock if the Chief Justice, who pre-
sides over the Senate in case of the impeach-
ment of the Executive, should be man noto-
riously selected by the President on personal
or political grounds. We cannot believe that
such will be the case; but while the public
mind is keenly and sensitively alive to the
threatening approach Of Cmsarism it would
be dangerous to arouse the suspicious that
must inevitably attach to purely personal or
political selection for the presiding head of the
High Court of Impeachment.
President Grant, with his conservative
views and his nice appreciation of official in
tegrity, must well know the importance of
keeping the head of the Judiciary above sus-
picion. The Chief Justice Of the United
States has no greater power or authority than
his associate justices, except inasmuch as he
presides over the High Court of impeachment
on the trial of the President of the United
States. This, it is true, is an important duty,
although so rarely exercised The world will
not soon forget the scenes enacted in the
Senate when Chief Justice Chase presided over
the High Court of Impeachment on the trial
of Andrew Johnson; when he sat as the bull
wark against partisan rage and insolence, and
impaired character of judicial dignity and
fairness to body which, without his pres
ence, would have been political bear garden.
Except in this one duty, however, as
we have said, the Chief Justice has
but the same voice ana vote with
any other Justice of the Supreme Court He
is not like the Chief Justice of the English
Court of Queens Bench, for instance, who
possesses some political functions distinct
from his judicial functions. Nevertheless, as
the presiding head of the Court, he is the
representative of its character and dignity,
and his selection is more important on
that account than the selection of
any other of the Justices. The success
sor of Marshall, fancy and Chase,
not only great lawyers, but great publicists,
must not be second rate lawyer or smaft
politician. The highest judicial position in
the United States must not be made post of
political barter or stepping stone for q
Cesar. The man who fills it should be one
who can impart to it dignity as distinguished
as the honor it confers upon him. keen,
clear-headed and experienced lawyer !;
consummate publicist and logician a
man of broad intellect, of cool, impair
tial judgment; even tempered, unexcitable
courteous, firm; one who is free from political
prejudices, and whose mind has not been cor
rupted by political favors or embittered by
political enmities. Such is the man who may
be, who ought to be the successor of Chief
Justice Chase, the head of the judicial power
of the United States. Will President Grant
give the nation such man, or must the most
important Office in the Republic--not second
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