The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-17

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next candidate for Chief Justice. He was the
Presidents first choice for the Office, and it
has been commonly understood that the
original intention to nominate him was relin-
quished at his own instigation, and also that
his reasons for this course were related to the
subject of his consequent retirement from the
Senate and the control of the succession to
that position; but whether these or other
causes induced the President to change his
mind as to this nomination, the result has
been painful and unpleasant; not without hu-
initiation to the country, as 1t has exhibited
so clearly the presence near to the highest
places in our political system OF corrupt
practices; threatening to the republi-
can party, as it has indicated how
readily rupture might come about between
the Executive and Congress not in sympathy
with his motives, and full of chagrin to the
President, who found himself censured and
thwarted, without, perhaps always seeing
just how he was at fault 1t is, therefore, not
unnatural that General Grant should revert to
his first purpose, with. perhaps, a sentiment
OF regret that he ever changed it; and in this
Conkling will be made In view of all that
has occurred the country will doubtless be in
clined to accept this name as good one, and
to recognize that it is the best one possible in
the circumstances Our idea was higher and
the public conception, we believe, is scarcely
filled by this name; but it seems in
evitable that we must have a Chief
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surrounds the President and above that
mixed multitude the Senator towers intellec-
tually and morally like another Saul. He is
the best Chief Justice that can possibly come
out of the chosen number of the Presidents
especial, not to say personal, retainers, and
as it seems we are restricted to that number,
and there is no evident hope that the choice
will be made outside the admiring circle, let
us take gladly the best it can give u.s.
Few men in any country would thoroughly
meet the requirements that collectively form
the ideal which the plain and honest people
have of Chief Justice-the high priest of the
constitution the head of that august
tribunal which, in the last resort,
is the guardian and keeper of those
principles Of our law for which the
people have fought, and for the preservation
of which the nation has made and is ever
ready to make Unreasonable sacrifices. High
character, pure life spotless integrity and
great and thorough knowledge of the law
these are the broader features of the picture;
and three men have been named in connection
with the vacant Chief Justiceship as to whom
the strictest investigation would, probably,
find no flaw on these great points. One Of
these men is not a republican, and that is,
perhaps, sufficient reason against him; for,
however much we may deprecate political
considerations in connection with such
an Office, there certainly is an ultimate
point in every exhaustive analysis,
where legal right and wrong come so close
together that political preoccupatlon might
be sufficient to determine the matter one way
or another. 1t is but fair for any party in
filling such position to choose man whose
views shall be in sympathy with its own in
case so nice an ordeal should ever need to be
faced But the other two are republicans.
though for some not clearly defined reason
their names seem not to be relished at head
| quarters. Only one reason is obvious why
they should be coupled in common dislike
| One Of them did yeomans service in de-
/ feating General Buffers aspirations to be
Governor of Massachusetts,, and the other, in
his description before the Senate of ''impeach-
ment by concussion," withered the prose-
cutting lawyers and their law with scorn all
the more effective because it was but the hap
pier expression of the universal thought. But
we have too good an opinion of the Presidents
perceptions to believe that any consideration
of General Buffers likes or dislikes could in
cline him to neglect the names of those great
jurists. Certainly the country would repudi-
ate the choosing Chief Justice by the stand
ard of the approval of any single lawyer, how
ever distinguished, and General Grant is too
we'll informed and too intelligent not to
know it.
But, as we have said, we evidently cannot
have men of the class of those hitherto named
by the HERALD and other Independent journals,
that sought only to give palpable form to the
popular conception of what sort of man the
Chief Justice should be, because men Of this
class are, to use the popular phrase, neces-
sarily, outsiders. as viewed from the Presi-
Dental circle and our only wise course,
therefore, is to welcome with good grace the
best man we can get of those who are within
the circle. We may regret, of course, that
there should be outsiders and insiders in such
case; that the executive function should
come to be regarded in any sense as the prop
erty Of the holder Of that Office, and that
purely personal notions should inspire it's ex-
ercise; but since the fact is obvious it would
be folly not to recognize it and make the best
of the ground it leaves u.s. 1t is inevitable,
perhaps, that ruler practically sovereign for
one important purpose-that is, for the dis
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