The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-19
Ao1v1LrAN ON THE SUPREME BEpcH.

The reasons for the appointment OF a
Southern man to the vacancy on the
Supreme bench OF the United States,
occasioned by the resignation of Judge
Davis, are 80 palpable that It has been
tacitly conceded to some one Of the
Southern States. The President has
shown no disposition to ignore these
claims and, az the policy he has adopted
towards the South gives them q peculiar
| force. we feel that 1t can be safely as
sumed that he will be entirely con-
trolled by them in making the appoint
ment.
This section has no representative
upon the Supreme bench, as 1t is now
constituted, and we are entitled to one.
even as mere matter OF politics. But.
besides this, there are special reasons
for placing Southern man there.
There yet remain on the statute books
number Of laws of political oharao-
ter, enacted solely for political purposes.
which involve the whole Southern ques-
ton and which cannot possibly have
application elsewhere than In these
States, that are constantly being re-
ferred to the Supreme Court for inter-
probation. In consideration Of this fact
1t is but just and wise that there should
be among the associate Justices OF that
court Southern man, not merely by
the accident OF residence, but also In
convictions and sentiment-a true repre-
| ,tne - Win al a
measures, who shall participate in their
| Interpretation. Indeed, the Southern
policy Of the administration renders
such on appointment imperative.
Assuming, then, that the future Asso-
ciate Justice must necessarily come
from one Of the Southern States, we
shall present what we consider pc
culiar and exceptional reasons for
the selection of Louisiana jurist
for this position. In this State
alone lie the civil law the established
jurisprudence, and In its theory, as well
as In the rules OF Interpretation and In
mere matters of practice, it differs wide-.
ly on many questions from the common
law systems Of the other States. In all
cases arising In this State, when the
jurisdiction OF the Federal courts is not
exclusive, and when 1t is made concur
rent with that Of the State by mere ar
bitrary statutory provisions, and spe-
cially in cases transferred from these
courts by writs Of error. the proceedings
must be conducted under the rules OF
practice. and the judgments rendered
In accordance with the principles Of the
civil law, as laid down by the Supreme |
Court OF this State. In these cases 1t liz |
clear that there should be a Judge In this |
court OF last resort possessed OF thor
ough knowledge of our peculiar system
OF jurisprudence, deeply imbued with
It's spirit and entirely familiar with It's
technical rules Of practice.
But the advantages OF having a
learned civilian in the Federal Supreme
Court do not end here. The extent to
which the common law of England Is
indebted to the civil law can hardly be
estimated, and in America, where the
law is indeed progressive science. the
debt Is vastly greater. Outside Of ques-
tions OF personal liberty. the whole
American jurisprudence seems to be,
day by day, assimilating itself more
and more to this, the only classic source
Of juridical learning. The Admiralty
courts Of England-and the jurisdic-
ton Is such cases Is exclusive in the
Federal courts-are governed by the
principles Of modern civil law, that Is,
by the usages Of modern nations In the
more extended relations growing out OF
enterprise. but still having
as basis the rules Of the Roman law.
We see the spirit Of the civil law in
The simpliflcation OF the practice and OF
forms Of conveyances and writs Of court,
and specially In the Qualifications Of laws
that have been introduced In a large
majority Of the States. The provisions
II the common law. in relation to per-
'onal liberty and rights, are It's most Inn
oortant popularity, and Its one original I
eature, and these obtain in Louis
ana as in the other States Of the Union.
But in all other respects we find the i
common law Of England modified and {
invariably in conformity with the ]
theories OF the civil laws. In the laws f,
II descent, including primogeniture, we I
lee radical divergence from the COM 6
non law in the United States. Ii
To the influence OF the civil law must |
De attributed the amelioration Of the |
Jules Of the common law relative to
husband and wife, and the growing dis.
position to protect the rights Of women. |
It has not been long since in almost |
every State personal property Of the {
wife, and even her realty, became the
and 1t was only with ex-
IRENE difficulty, and by the aid of the ,
Court Of Chancery, that she could for ,
nerly be protected In the enjoyment Of /
any portion Of her property. In all :