The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-09-23
THE SUPREME COURT VACANCY.

THE SUPREME COURT VACANCY.
Among the first and most important
duties that will devolve on the President
after the meeting Of Congress will be
the appointment OF an Associate Justice
OF the Supreme Court in the place Of
Judge Davis, who has resigned In order
to I'll seat in the Senate.
The President has been wise in refus-
ing to make an appointment during the
recess, but he cannot avoid sending in
nomination after Congress meets.
Whom he shall select for this
important and conspicuous posi-
ton is very grave question. and
one that will require good judgment
and a just discrimination of personal
character and ability, but not less than
this that polite shrewdness which is
called tact, and which Mr.. Hayes has
the reputation of possessing in an un-
usual degree. Specially should he
avoid the nomination of any man who
has been at all conspicuous in our recent
political complications. Perhaps the
very worst and most lamentable phase
OF the Electoral Commission business
was it's involvement of two members of
the Supreme Bench, to one of whom. at
least, has attached from his connection
with it an imputation which can never
be removed. Whether the charges
against Bradley are true or not, Is a mat
ter OF no consequence whatever; they
have been made. and even II they
are mere ISLANDERS, they have lowered
the estimation in which the court should
be held by imparting to it an odor OF
party politics and suspicion OF parti-
san bias which should be instantly re-
moved. Chief Justice Waite displayed
true sense Of judicial decorum when
he gave it to be understood beforehand
that he would not serve on the Commits
sion, and the mere fact that the two
judges who consented to do duty upon
that tribunal failed to take the same
view of the case is in itself grave i'm
plication, and one which 1t is an univer-
sal source of regret that they ever in
Cured.
It is the duty of the President to do
nothing that would tend to further i'm
pair the public faith in and respect for
the impartiality of this highest tribunal
Of the nation, and this appointment
should be made with special reference
to the entire absence Of any suspicion,
or even suggestion, Of political consid-
erations. He should select for this
place some eminent jurist, whose abil-
tiles are recognized by the bar of the
country, but who has never taken any
conspicuous part in politics.
The name Of ex-Secretary Bristow has
been suggested in connection with the
place, but it must appear that his selec-
ton would be peculiarly obnoxious for
political reasons. It is not forgotten
that it was the opposition he was able
to bring to bear against Blaine which
defeated him and his bloody shirt cru
SADIE and made possible the nomination
Of Hayes, and the suspicion of reward
and grateful remembrance of past favors
would not lack plausibility were he
placed upon the Supreme Bench by the
President whose nomination he was,
incidentally perhaps, most instrumental
in bringing about.
But it seems to us that the President
should find no great difficulty in the
matter of this appointment. Every
consideration of justice demands that
ko inf hn paadn from tho
South, and it would be almost an impos-
sibility for him to find In these States a
man worthy Of the position whose ap-
pointment would incur the suspicion of
having been induced by party consider
ations or political influences. There is
not now. nor has there been since 1860,
Southern man on the Supreme Bench.
They have all come from the North. and
a most disproportionate number from
the West. As it Is now constituted two
members Of the court are from Ohio, and
Iowa has one, while the retiring asso-
ciate is from Illinois. From the Eastern
States, one is from New Jersey, one
from New York and one from Pennsyl-
vania, while the whole sixteen Southern
States have not a single representative.
It is clearly the duty OF the President
to correct this unfair geographical dis
tribution, scarcely less than to protect
the court from the suspicion OF partisan
ship.
We assume, then, that the vacancy
will be filled from the South, and we
also assume that the President will not