The New York herald., 1873-11-02
THE CHIEF JUSTICESHIP.
Mr.. Il. t. Merrick, or the District Bar, on
the subject-He Favors Judge Curtis.
WASHINGTON, oct. 81, 1873

WASHINGTON, Oct. 81, 1873
Among the members OF the District Bar who n
JOY the esteem OF the legal profession in high de-
gree is Il. /. Merrick whose defence OF John Ii.
Surratt gave him wide reputation. lie Is plain
blunt man, VINO never muitiplies words, except t
be, ii said OF Pitt, diifuse his ideas.
Business before the Supreme Court demanding mis-
immediate attention, put Mr.. Merrick on the wit
ness stand, with tee following result
CoRREsPoSDENT-Mr. Merrck. | would like to
know your opinion as to the man whom yoI think
the procession would prefer Tor the position of
Cnet Jus ice.
Mr., MERRIcK-I have some hesitation in express.
ing any oilnion on the subject presume tnat
nothing might say or do would be likes 10 in
fuence the action OF the President, and the ques-
ton is one oil very great delcacy. But IT seems TO
me that The easiest and most atisactory solution
o. the difficulty in which the President viii ina
himself by reason OF the coniicting recommenda-
tons from his political friends more Influenced
by personal consideration tlan a desire Tor the
public good would be to take chief Justice from
the Bench. The average ability OF the associate
justices Il PROBABLY greater al this time than IL
has ever been since the organization oil the Court,
and the President could readily md among their
number one emlnently qualified for the position OF
Cniei Justice and worthy ~ succeed the great men
| who have occupied that ONCE.
CORRESPONDENCE II IS understood that he
/ will not appoint any one now on the Bench, but
! VIII follow the example other Presidents and
/ select Chief Justice from among the members
/ OF the Bar.
JUDGE B. r. CURTIS.
| Mr.. MER3ICK-WeD. II he Is determined not TO
/ select lrom those now on the Bench. IL would be
Wise for him 20 come near the Bench posi-
bic; and there is one man who stands so lar III ad
vance OF all who now actively engaged in the
procession and who are yet IL the rigOr OF iie that
he cannot escape General Grants observation. re-
fer to Mr.. b. X curtis lie is generally recognized
| by the procession as probably the greatest lawyer
in the United states that II Is making no insidious
distinction 10 speak OF him as sucn. Moreover, his
| experience on the Bench and MS peculiar adapta-
uon to the judicial office manifested uuriDg MS
period OF service at once put 10 rest those appfe-
tensions that would naturally arise IN regard to
any one, however great, who mas never been tired
as iudge. Had Judge Gurus renamed
the Bench he would Low be the senior
Associate Justice. and II made Chief Justice
he would be only coming back to occupy
his proper place. dis appointment would, there
fore, presume. be entirely agreeaoe to The Judges,
who entertain she same opinion oi his power and
Learning a lawyer t,iat have spoken OF com
mon TO the procession throughout the country.
Easy, pleasant and harmonious relations would at
once exist between nm and the associate Justices
and VIII say to you that any man who undertakes
TO preside over that Court, as at present
constituted. and who Il unequal TO the task
because wanting in either vigor OF thought or ex-
tent and depth Of learning, Will and himself in
very uncomfortable position. Tor he Will feel. at
least as often once IN every week. that, notwltn-
standing he meets with tue most courteous
sderatioD from his brothers at all times yet some
how or other, he is not entirely satisfied with him.
self.
CoRREsPoSpESr-Mr. Merrlcs, many persons
suppose that Mr.. ConKling viii be appointed. How
would the profession regard his appointment?
SENATOR cONELISG.
Mr.. Misunderstanding Is certainly man or
Ihls mas been SHOWN IN very remarkable political
career. ] know nothing OF his attainmeDts as a
IaWYer, but suppose, from the absorbing earnest
ness with which he has been Tor some years
gagged In public lie, that he could not have
acquired very large or profound knowledgeof
law. IL is manifest, however, 10 everyone
that has even casually observed his course
shd heard or read his speeches that he
mas an active, vigorous and well disciplined
mhd, and with sucG capacity he IL young enough
W W make NJ tor any deficiencies IN professional
hnoWledge and might become great Jurist, pro-
luea ne would devote himself exclusively 10 the
t ,aS anu never look back on that Sodom from
mnl.h h JhGicia appointment ought forever 10 sep
"'a,o Wy mau upon whom IL IS conferred.
-, ~ thls point Mr.. Mcrrick declined 70 speak of
we merits Of other persons VINO have hean rncn.
toa.u t,ca IN - connection VAIN the cmce OF Ch.e Jus.
cari anu , ~ nc suggested That he had SAID all he
az 70 say on the subject the lnteryiaw ended
| pressi0ns OF friendly regard '''S """ a.