The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-01-17

by the President, "by and with the advice
and consent of the Senate" but, in that
connection says nothing in reference to q
''chief justice power to appoint is to
appoint simply Judges" The Office of
"chief Justice however, is distinctly
recognized by the constitution, and it is
difficult to see how the office could be
abolished without an amendment to that
instrument. The sixth clause of the third
section Of article one of the constitution,
in giving the Senate the ''sole Power to
try all lmpeachments," provides that
"Whcn the President of the United States
is tried, the Chief Justice shall preside. "
This, of course, is decisive Of the matter.
Unless the constitution is amended there
must be ''chef justice"
At the hour of present writing, the num-
Der Of persons mentioned in connection
with the Office are almost countless, and
the situation is decidedly muddled. 1t has
been suggested that the chief justice should
be taken from the present judges, by way
of promotion. In reference to this pro-
position ii may be said that such an at
tempt never was made but III a single in
stance-W William Gushing of Massachusetts,,
by President Washington, IN 1906, but he
declined the promotion, remaining on the
bench ms an associate judge until his death
in 1910 The reason that has, heretofore,
governed the executive in appointing
chief justice outside of the then existing
Judges, has been TO prevent jealousy.
Judges are but men, and are subject to the
same passions and feelings as other men,
and are as prone TO jealousy The custom
has so long existed of appointing an tout
slider that it is expected If, however, a
chief justice was appointed, by promotion,
from the bench, the oldest incumbent, no
matter who or what he might be must be
taken, or some one must he dumped" and
then, the harmony of the court would be
lost. In the present instance, the senior
judge, both by age and term of service, is
Nathan Clifford of Maine, who was ap-
pointed by Buchanan in 1858. This fact,
will, probably. prevent promotion
although we cannot tell what may have
already taken place, or will occur before
this reaches our readers. The very latest
advlces, received up to the present time.
seems to indicate that the sentiment. at
Washington, has conferred upon three
names. One of these. Senator Howe, of
Wisconsin, we can hardly think of in con-
nection with the Office, lie is some fifty
seven years old, but, has not, what might
be called, national reputation. His legal
and judicial experience has not been such
40 70 ht him for the position-having prac-
ti'"d i"'" ""'s. fow uaarc nrI ,oo- . ,l.,o
of the inferior and higher courts of Wis
consin less than five years. OF Roscoe
Conkling, we do not propose to say but II
word. His ability and integrity are I'M
questioned, but it seems to US, that his tai
cnts and nature do not fit him for the posi-
ton, and that his field of usefulness is else
where Like Senator Howe, he has Just
entered upon another term of six years ser
vice in the Senate. Will either of them
leave it, even, for the chief justiceship?
Our own first choice for the position has
always been William NJ. Evarts, of New
] DIRK but there seems to be no chance for
him, his name not now, even, being men,
toned in connection Herewith. The ma
tional House of Representatives, although
the members thereof have nothing to do
with the appointment, yet are deeply inter-
nation. Late dispatches say that the re-
publican members are almost unanimous in
favor of +. lockwood Hoar, of Massachu-
sets, We wish the muddle could be scat
tered by his appointment. His entire fit
ness for the position and his spoless integ-
rity in public and private life are conceded,
alike by friend and foe. He is, at present,
member of the House Of Representatives,
has been chief justice of the supreme court
of Massachusetts, and attorney general of
the United States. In February, 1870, he
was nominated, by Pres dent Grant, as a
judge of the supreme court of the United
States, but was rejected by the Senate If
the current rumor and report of the day
are to be relied upon, he was rejected for
the very reason that ought TO have insured
his confirmation. One of his duties was to
sec to the appointment of certain judicial
and legal officers, and he had the actual au-
dacity to inform senators that he would
never appoint judge or United States at
torney for political services alone. If such
appointments were to be made by him, the
candidate must be Of unblcmished rcputa-
ton and possess the necessary qualifications
for the office. 1t is said that, in conse-
qucnce of this course, certain senators
were unable to pay their campaign poiti-
cal debts, and, therefore, paid off Judge
lloar when his nomination came before
them Telegraph advices state that these
senators, who thus vented their spite three
years ago, will now vote for him, and that
comparison Of views on the part of diff.
lerent senators demonstrate that his nomi-
nation would be confirmed almost without
opposition. Judge Iloar is in the prime of
life, and this troublesome matter cannot be
settled with more honor to the President,
the Senate and the whole county than by
his appointment.
STATE LEGISLATURES. Twenty
state legislatures are now in session, be-