The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-04-19
Judges Riyes and Hughes.

Judges hIVcS anu hughes.
Mr.. Editor:-Some weeks ego an editorial
appeared in your paper suggesting the name
of Judge Alexander Rives as suitable per-
son to be appointed to fill the vacancy caus-
ed by the resignation of Judge David Davis.
In that editorial you, in the happiest man
ner, briefly set forth the reasons which rem
dered Judge Rives appointment particular
ly appropriate at this time.
At the time this editorial appeared every
one with whom the writer of this article con-
versed upon that subject, seemed to think,
that if President Hayesmade an appointment
from Virginia, or from any other State In
the South, that Judge Rives would and ought
to be chosen by him.
But since then Judge Hughes, another OF
Virginia's most talented sons, has been men
toned, and even urged by some Jealous
friends, as more likely than Judge Rives to
receive the nomination at the hands OF Pres
ident Hayes.
Now if the intention of Judge Hughes
friends to urge him for this appointment is
persisted in, the President will, in all
probability, make the appointment from
some other State, where the people seem to
be united upon suitable person.
Now, if this action on the part of Judge
Hughes friends is likely to destroy the chan
to me they will not insist on presenting
Judge Hughes name, and urging his ap-
pointment; for the presumption is that they
surely do not desire to act the part of ''tlle
dog IN the manger," but are only actuated
by their natural admiration of and esteem for
Judge Hughes.
Therefore, when they see. as they must
when they look squarely at the facts, that
Judge Rives is better qualified to fill the
position and much more likely to be appoint
ed by the President than is Judge Hughes,
it is natural to suppose that they will not
persist in bringing Judge Hughes prominent
ly forward.
When say that Judge Rives is better
qualified to fill the position of associate JUS
tice on the Supreme Bench than is Judge
Hughes, refer only to the legal attainments
of the two men. If Judge Rives has other
qualities which make him superior as Judge
to Judge Hughes, it is not necessary for the
purpose of this article to refer to them.
Now it appears to me that no one, no mat
ter how enthusiastic an admirer of Judge
Hughes he may be, will claim that his le
gal attachments at all approach those of
Judge Rives; for admitting, for the sake OF
argument, that they are men OF equal natural
ability, yet this all important and perfectly
convincing fact remains, that while the one
has only given comparatively few years OF
his life to the law,th other has from his earl
lest youth up to the present time devoted all
the energies OF his great mind to mastering the
intricacies Of the law and if perseverance,
natural astllteness, apd great experince can
make one master of this great science, then
the friends Of Judge Rives are justified in
claiming for him proficiency in it.
1t is true that Judge Hughes has been up
IN a oh md no
he has given general satisfaction. On the
other hand Judge Rives has had nearly nine
years service-about two upon the court OF
appeals of Virginia, and over six as Judge
of tue Western District of Virginia.
OF the distinction which he won while one
of the Judges OF the court OF appeals it is SUI
perfuous to speak. His decisions are there
to speak for themselves, and as long as the
records Of the Court of Appeals are preser-
we'd these decisions will continue to elicit the
admiration of the learned in the law and will
be living monument Of the great legal re-
search and profound ability which he
brought to bear upon the intricate questions
which came before that learned Court While
he was one Of its members. In the language of
Daniel Webster There they stand, and there
they will stand for ever.''
OF Judge Rives' course since he was ap-
pointed United States District Judge, all that
can be said or need be, is that he has not on
ly fully sustained the reputation which he
had when he received the appointment, but,
if possible, has added to it additional lustre.
The next question, and it seems to me it
ought to be the only question for the friends
of these gentlemen to consider, is which of
the two would be most likely to be nomin-
'ated by the President were the names of
both presented to him as suitable persons to
fill the vacancy on the Supreme Bench; and
it does seem reasonable and right that the
one who would be most likely to be nomin-
ated ought to receive the united support OF
the friends of both of the gentlemen.
Now the writer of this article thinks that
there can be but little doubt as to which of
the two would be most likely to receive q
judicial appointment from President Hayes.
In the first place, it is the declared policy
of the President to try to build up the Re-
publican party in the South by recruiting it
from the ranks of the old Wing party and as
long as there was such party in the State
Jud &c Rives was one Of its ablest and most
trusted leaders; and what is more, when he
cast his lot with the Republican party he
still by his honorable and upright course re-
tanned, in great measure, the respect and
admiration Of his former party associates.
And even now numerous Wings, who have
sentative party are anxious to see this addi-
tional honor conferred upon him and are will
ing to unite with his Republican friends in
asking that it should be done.
In the second place Judge Rives is known
by reputation not only to the President, but
also to nearly every member of his Cabinet
and the writer Of this has good reason to know
that his ABILITY, PERSONAL INTEGRITY
and LOYALTY, have made deep impression
on several members of the cabinet.
In the third place, Judge Rives' well known
views of the relative powers OF the Govern
ment of the United States and of the State
Government would commend him strongly
to the present administration.
If upon consideration, the reasons above
set forth should commend themselves to the
friends of Judge Hughes on account of the
truth contained in them. I don't think it
would be asking too much to request these
gentlemen to forego their desire to compile
ment Judge Hughes, by presenting his name
to the President for this vacancy. when by
doing so, they may deprive the country of
the services of Judge Rives upon the ST.
preme Bench.
appeal then to the admirers of Judge
Hughes to unite with the admirers OF Judge
Rives, and let not the voice Of the people of
Virginia be divided upon this subject.
Before concluding this communication I
wish to say that don't wish to be under
stood as in any manner trying to underrate
Judge Hughes ability. That he is in point Of
ability one of the first men in the State am
sure no one who knows him will deny. and
it is the opinion of your correspondent that
if his talents are appreciated at their true
worth, he is designed to occupy prominent
position in the State. Yours resp't.
INDEX.
The Presidents Southern policy is an eX-
pertinent. If it fails it must be for want of
proper cooperation ON The part of the peo-
pie of the South. The responsibility Of the