The New York herald., 1873-08-28

tenn, and especially in the case OF these gentlemen
doubtless, have some personal opinions upon
questions coming before the Court but should not
Question Il t might be reaed
tlsanship. | am opposed to the principle OF
elective Judiciary yet dc not think our judges are
Influenced by political opinions"
Mr. Algernon 8. Sullivan.
A HERALD reporter called at the law once OF Mr..
Algernon s. Sullivan for the purpose OF ascertaining
that gentleman's views as to who he thinks, among
the legal profession, would be the best person ana
the qualifications which he should possess Ito fill
the vacancy on the bench of the Supreme Court Of
the United States in place Of Chief Justice Chase
deceased.
Mr.. Sullivan, who is distinguished ornament OF
the profession received the reporter with adabity
and showed him into private ofllce.
The unexpected suddenness Of the visit seemed
for a moment to take the learned gentleman some-
what aback and, true TO his instincts as search
ing cross-examiner and as an excuse to gain time
and draw the reporter out, he asked:
''What do you think OF 1t yoursefr'
REPORTER-It matters but little what private
citizen like myself may think Of 30 important q
subject but the country at large is greatly in
terested to know the opinions of our leading law
yers-of whom you are one Of the principal In this
cityas to the ttest person, irrespective OF party,
In this great country.
Mr.. SULLIvAN-The question Is very important
and every lawyer has thought about it. The Chief
Justice should possess, in addition to thorough
law learning genius for applying law to the mani
fold cases as they arise. A good lawyer does not
always imply good judge. But the great thing Is
70 have man thoroughly upright, and in whose
character everybody would place implicit conf
denCe.
WILLIAM g. aRoEsBECK OF oHIo
is In every way man worthy and qualified for the
Chief Justiceship Without being invldious or de-
preciative with respect to any Of the many eminent
lawyers whom I could name as distinguished
enough for the highest honors, think General
Grant would not be able by any appointment to
give satisfac sion to the country to do more
honor to his administration than by the nOmina-
tion OF Mr.. Groesbeck: but in these days OF too
great adherence to party perhaps the President
will not feel that he nominate any one outside
the ranks OF his own party. SO much the worse for
the country.
Nearly all the lawyers who belong to what Is
called the republican party, and whose names have
been mentioned in connection with this office,
unfortunately would be regarded as party judges.
do not say this would be merited distrust; for
have faith in the personal character and honor
OF men. But the once named is so eminent that
even the hesitation of large body Of the COM
munity should be deferred 10. We In New York
city have great respect Tor Mr.. Evarts, and his
appointment would give us satisfaction. think,
too from all hear. the President Is much inclined
in his favor. II one Of the present Justces Of the
Supreme Court be selected to preside do not
know q lawyer who would not be glad to hear that
Judge David Davis Of Illinois was te be the nan.
ITO THE vIcTORs BELONG THE SP0ILsl"
REPoRTER-Has 1t always been the practice for
the party in power to fill vacancies in the judiciary
worked M upon the s6ibioletn Of TO the vlctors be.
long the spoils :"
Mr. sULLTvAN-unfortunate this has generally
now, with some exceptions, however. do not say
that IT is positively bad rule, for there are good
may be found peculiarly adapted to ill an once in
such manner as TO greatly benefit the public and
with credit to himself 90 not think ,IS.. should be
to the appointing power.
REPoRrER-Do you think the present emoluments
Court OF the United States sufficient to command
the acceptance by our very best lawyers
lawyers practising at the Bar who have a much
larger income than If on the Supreme Bench; but
still the emolument Of the oflce is amply sufficient
for any moderate minded man. Then there Is the
deed, uichasable-and esteemed by the profes-
a sS Il IS woaa te % nwss snt s s
salary OF the Supreme Judges, but even now 1t Is
enough to command the best talent in the country.
is THE JUDICIARY PURE2
REpoRrER-The newspapers frequently TEEN
with outcries against real or supposed corruption
country. Do you think the purity OF the Judiciary
IN this country IS, upon the whole, equal 70 that
among European nationsr
Mr.. suLLIvAN-There have been occasional out
cries against individual judges; whether merted
or not Is different thing. But this, from the
pected. do think that upon the whole, the Amer
lean judiciary Is as upright and unsuied as In any
one or two Judges-without mentioning names
who were accused OF partality In some OF their
decisions 1t Is Impossible not to expect some
a
as we have. Still, we must not forget that other
nations, from one cause or another, have also had
to be exceptionally exempt from judicial shof ftcom.
ings; yet q short time ago-a couple OF years or
the realm, was obliged by public opinion, excited
through his known oifcial acts OF nepotism and
rere to prVae & where a on shov ge er ed and o
broken heart. The House oil Lords and the aris-
tocracy though desirous to defend, were unable to
THE MANNER OF ELEcTINa JUDGES
,rRG III snd p the present method o. calling
quirements OF the country Gould any improve.
ments be made on the system now in user
Mr.. sULLNAN-The practice Of selecting judges
by the Executive works very well; so does the old
plan OF eecting certain judges. The truth s, that
all depends upon the purity and intelligence Of the
bad Legislature, and this in turn, miaRt probably
nominate Indifferent expounders OF the law. On
the other hand were the administrators OF justice
to be all elected by the people, and the community
Ignorant or wicked 1t could not be expected that
they would select the best members or society to
places on the Bench. good man generally APP
points an honest one to be his attorney; bad man
does not take the same trouble and he Is usually
represented by one OF his own class. With an en-
lghtened people we have nothing to fear from
either system OF appointing to o1lce.
Ex-Judge shipman.
Calling upon Judge shpman yesterday after.
noon, HERALD reporter found that worthy gen.
tleman about to leave his olce for tue four O'Clock
boat The object of the visit was To elicit his views
as to the sort Of man best adapted to ill the vacant