The New York herald., 1873-10-20
THE CHIEF JuSlMRSHR.
Washington Lawyers on the
Succession.
THE CLAIMS OF THE SOUTH.
Views of Mr. Thomas J. Durant and y.r.
Harvey WattersOn.
WASHINGTON, Oct. VS.. 1878.

adIt6t VuuuOAoOA.
WASHINGTON, Oct. vs. 1873
There are very fey citizens OF waship gton who
are not acquainted with Thomas J. 'Durant OF
Louisiana Apart from his great rep utation as a
lawyer. his thorough knowledge OF every point OF
the Napoleonic code and she civil lar as Introduced
In most of the Southern States, Mr. Durant has the
enviabe reputation OF having f,een true to the
Union from the beginning to the end OF the rebel
lion. He was selected by the, President to repre-
sent the American claimants, before the Spanish
Claims Commission. found him in his office, on
Four and q Half street. in fr ntng trim, wearing
blouse, his hands somewhat, dusty from handling
the ancient tones OF lorgO ten lore The walls of
his spacious Office are lite rally law books. From
moor to ceiling, even hall concealing the windows
are thousands OF the 'rarest OF works. Having
stated that the object rmy visit to elicit his
views on the Chief Ju sticeship, Mr.. Durant said;-
al have a preferen for one OF the Associate
sJustices and anothef for gentleman not on the
Bench, bnt 1t would be inuelcate in me TO say who
they are. have lever talked with the President
about the matter, nor have heard OF anybody
who has. 1t is
GENERALLY BEGgErTgD he DELAYS THE ArPorNr.
MENT,
though SUPPOSE he has weighty reasons for so
doing You see when the Court has but eight
members the Justices may be equally divided
whereas with the Chief Justice present such q
thing would be impossible. This, too, is not the
most pleasant thing for lawyer especially in the
disposal of cases which come up for reargument.
But we cannot help II. The President has deter
mined, 1t seems. TO deter the appointment until
Congress meets, and we wfl have to wait his
s.What do you think about conferrng the ap-
pointment one OF the present Associate Justices
and OH the vacancy from your sectioH OF the
country ~
to see elevated to the Chief Justlceship one is
already on the BENCH and IN the event OF vacancy
lawyer would, in many respecls add to the legal
condition Of the bench and furnish more complete
representation in dlsposing of
IMPORTANT QUESTIONS ARISING IN THE soUTH-
Causes involving land titles are constantly COM
win the old civil law as it obtained in louisiana,
Alabama, Florida, and even Arkansas, New Mexico
and California 1t Is difficult to decide equitably"
ssYou have no idea but what the President will
confer the position on a republicans"
.'None other. Marshall was the most ultra of
partisans, firm federalst, and yet his judicial
fame Will live as long as the country exists.
Taney was appointed Chief Justice on. account of
his faithful service to President Jackson in re-
moving the deposits from the United States Bank.
It was before your time, but remember very well
the long and bitter howl the wings set up at the
action Of jackson in rewarding the subservlent Sec
retary OF the Treasury as he did. Chase received
his appointment purely on political considerations,
and the iact is no one can tell how many and what
tney all were. Certainly President Grant expected
TO show his appreciation of the great worth OF the
man, whoever he appoints, and hew else is he to
Judge save by the featy of that man to the repuD-
Mcan partyf | suppose there never was such a
xE. CHASE AS CHIEF JUSTICE
gave an % opinion ,,c contrary to his action and
concerning the Legal Tender act However, it is
one thing to be an administrative oficer and
another TO sit in Judgment on the laws you may
have framed and executed-a very great diner
ence between an advocate and Judge, always"
at Is said that ConklIng took the most emphatic
ground against the Legal Tender act when il Con-
gress, and denied the right OF Congress TO pass
..The legal tender question .is disposed of for
ever so that need not be an objection to his ap-
dividual claims but leave that to the President
Alter 6ref conversation .G on the weather, your
the quiet OF his legal works.
Mr.. Harvey Watterson's Views.
Mr.. Harvey watterson. Of Nashville, Tenn, who
thirty years ago represented Coee county district,
as 1t was then called, in Congress, has since the
war permanently located in Washin gron, and is one
OF the representative lawyers from the Southern
States. Meeting him in the rotunda OF the Ebbitt
where the legal profession fraternize after dinner
on toothpicks and cigars, / asked him IL he had
given the subject Of who should be Chief Justice
any thought. He promptly replied, 'Yes, and II
you want my opinion / can give it In very few
words. The President would do well to appoint one
of the present Judges and confer the vacancy on
Colonei Brst0w, OF Kentucky, who served as the
first Solicitor General with so much ability"
"who would yeu prefer should be appointed
among the Associate Justcesa'
"That is a question cannot answer. My rela-
lions with the Court preclude me from publicly
expressing any, preference. Whoever the Presi
dent selects viii be
THE CHOICE OF THE BAR.
do not suppose he would confer the honor on
any one not In accord with the Edministra-
tion.r
"You think Colonel Bristow would make good
South ?n
81 certainly do To be sure he is republican,
put then thefresident,eannot be expect&d to con-
has worthy friends In the party. Besides,
that is not the way the democratic party
ran ran !, tne government Politics, alter all
mas but little 70 do with judicial opinions. The
,eIemeDts OF political economy about the same
on the Bench as on the stump, and men who
ACT on pOHtlcal CONVICTION could not expected
10 change them VIXEN elevated to the Bench. That
Is about all care TO say, covers all you wish to
Know. Let the Sogth be represented i'm tie Su-
Preme Court, and know OF no other wa to do 1t
tnan as have suggested. five wait for another
,aacanhcy inc section which was represented before
tne death or resignation Of any member OF the
yLourt Will claim the position still. and
The SOUTH NEVER WILL HAVE REPRESENT ATyvE."
prominent members OF the Bar have ALREADY
suggested this. and 1t may be the Presdelnt svill
seieCt Justice Miller Tor the ofiice.n
.Wei, as SAID before, the choice of the PTesl-
neut % y the choice OF the Bar. We are satisfied he
comes aMe anr him gooa appointment when the time
ttce y, 10 you think OF Coakling for Chief Jns
"a have given you my views. what ,s -. ,rze or
talKlng ABOUT an outsiderY i have candidiv an
AVA JSur questions, and yet you are NOT sa It's
Ine least could do was to thank the vaner .Lple
'IenDessean and here an old acnua penea s,ne
70 us Ienel, anu gave him excuse for dronn U9
BROOKLYN BURGLARIIs