The New York herald., 1873-09-17

you the subject Of the vacant Chief Justiccship
and get your impressions on the subject.
General HENKLE-Of course, II is q matter which
most gentlemen who practise in the Supreme Court
think about more less; but we OF the opposition
are outside In the matter.
CORRESPONDENT = In your candid opinion,
General who Is the dttest man in the country for
the posttionf
General HENKLE-Well, the fttest man in the
United States is a man who certainly WON'T get
II, for ne is a democrat-Rufus r. Ranney, OF Ohio,
who was the Chief Justice OF ohio. and most ex-
oellent one lor many years. He would do honor
TO even the lofty station OF Chief Justice Of the
United States.
CoRREspoNDENT-,Of the republican lawyers
talked OF in that connection who is the best
mann
General HENKLE-Oh, think Mr.. Justice Miller,
now upon the Supreme Bench, would be the best
that, all the surroundings OF the case considered
the President could do. He is a learned and able
lawyer and a most excellent judge Conkllng Is
much spoken Of in this connection, but do not
think he is the man TOR the place. He is rather
politician than lawyer, and the law ls coy and re-
quires her votaries TO serve her with single mind
he Is doubtless man OF marked ability Dut II mas
at the Bar or upon the Bench.
CoRREsPoNDENT-But all the official positions are
or have always been filled by politicians, and
we seem somehow TO have gotten 10 the front
rank Of nations with the politicians as leaders.
General hENKLE-Mr Conkling Is yet young
man. he is not more than iorty-fve years Old, and
he has been almost constantly Immersed In politics.
IL seems 10 Inc that even the most eminent ability
would not have suficed to have made him great
lawyer with the constant calls which political duty
must have made upon his time and pttentlon.
CoRREsPoNDRNT-Wa not Taney taken up direct
from political Lire as reward for partisan services?
General HENKLE-Taney was taken from the
Cabinet 70 be sure, but that was in the days when
the President selected his Cabinet from the most
Cabinet
offcer then was guarantee that the Official must
have been man OF mark before he was called TO
CoRREsPoNDENT-what do you think OF Chief JUS
tce Cartier?
expectations that way. He has verv comfortable
place now. To be Chief Justice Of the District Of
Columbia Ia no mean distinction. hope the PresL
dent viii. under all the circumstances, promote
Justice Miller.
Leading Southern Lawyer ON the
Qualifications Necessary for Chief
Justice.
Philip Phillips, one OF the leading lawyers from
the South who practices at the bar Of the Supreme
Court was at his office on Louisiana avenue,
where your correspondent explained the purpose
OF the visit to be to hear what Mr. Phillips might
say upon the subject OF the coming Chief Justice.
Mr.. PHILLIPs-I have seen the opinions upon that
subject as reported in the HERALD and it seems to
me that the expressed views OF all lawyers must
coincide as to the qualifications required Of the
gentleman who is appointed Chief Justice. 1t Is
evident that perfect integrity OF character,
thorough knowledge OF the law and natural
abilities Of a high order, thoroughly trained,
are essential. AS to that, nothing can be obtained
except the expression Of uniform Judgment on
the part Of the Bar Of the country. This
will limit all that q single individual
can say to on expression OF his per-
sonal preference. As to that have
not the slightest hesitation in saying that prefer
Judge Curtis, and ii were President OF the United
States would tender him the nomination as the
fttest man Tor the office His unsurpassed learn
ing, his especial aptitude for the judicial Junction.
and his experience In the methods and rules or
court point him out in remarkable manner as the
person to al the office. There Is, however, IN this
case an especial reason for infringing upon the
uniform custom OF appointing the Chief Justice
from outside OF the Supreme Bench, and II is this:
II the appointment be made from the Bench 1t will
dent to do an act justice which ought not to be
omitted by appointing an Associate Justice from
the states south OF tne potomac Inere Is now no
OF that vast portion OF the UniOn and there are
Just reasons ior dissatisfaction at this II the Chief
cancy created be filed by an appointment south Of
the Potomac, tins dissatisfaction can be allayed.
CORRESPONDENCE: Conklng Is much talked Of
Mr.. Notwithstanding is put forward for rea-
n5ng s
porters In the late campaign, and for that reason
has prominent place In respect to the nomina-
ton, and have no doubt he Will be appointed II
he will accept
CoRREsPoNDENT-would Mr.. Conkling make an
able Chief Justicep
Mr.. PHILLIPs-Yes; he is young man yet, and
would aby I'LL the place. Ii was supposed that
the late chief Justice Chase had been SO engaged
In political life and 80 long absent from the Bar
that II would be difficult for him to take the lead
ing position in the Court which his ofice required
him; but many Of the Justices associated with
him the Supreme Bench have told me that
almost Immediately upon his appointment he
showed himself to be thorough master Of every
function which devOved upon him. Undoubtedly
very hard study was required. and 1t is probable
that the extraordinary EFFORT which this required
OF Mr.. Chase was strain upon his system whose
effect at last produced his death.
Mr. Phillips suggested that the pay Of the Justices
OF the supreme Court was not large enough to sup
port them and their families in Washington, and
thought Congress ought to increase their pay as
to make 1t what 1t should be. Alter little more
conversation on the progress OF the Courts in the
South your correspondent bade Mr. Phillips goOd
afternoon.