The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-11-05

The Judiciary Committee of the Senate
has now before it for consideration the nom
nation of JoIiN NJ HARLAN OF Kentucky To
be an Associate Justice of the supreme Court
of the United States. 1t IS of great impor-
lance that the members of the committee
and of the Senate at large should come to II
correct conclusion as TO the propriety of con-
iirming this nomination. We think the SEN
ate ought to refuse it's advice and consent to
the appointment, and we base this opinion
not only on reasons which We have already
discussed but on other public considerations
that il seems to us cannot bc wisely or
safely disrcgardcd.
with a full bench. there are nine Judges
Of the supreme Court of the United States,
the Chief Justice and eight Associate Jus
tees. III this highest tribunal of the land.
the people should have the services Of the
ablest judicial minds in the country. The
nine Judges OF the Supreme Court should be
the first nine lawyers in the land in point of
judicial ability. Any course on the part of the
Executive which tends to place sccond-rate
man ON the bench where the public are en-
titled to have frst-ratc man. should bc
promptly and firmly discountenanccd.
Now. does any one pretend that Mr.. HAIR
Ian Is the ablc-t lawyer that could be APP
pointed to succeed Mr.. Justice DAVIS, even
II the selection must he limited To members
of the Republican party, The seventh
Federal Circuit to which the new Judg" will
be assigned. comprises the States Of In
diana. Illinois, and Wisconsin, whore the
special Circuit Judge Is THOMAS DRuMMoND
Of Chicago. His appointment to the SUI
hn
profession throughout the country, and. we
believe, would have gratiiicd all who know
him. If his reputation * hardly national as
to the general public it is certainly national
so far as the bar j. concerned. A. no re-
spcct was paid To- geographical consider
ations, however, in the nomination of Mr.
HARLAN from "a different circuit, 1t may
possibly occur 10 some persons that Ben
JAMIS II. BRisrow stands rather higher in
the public estimation than any other lawyer
of Kentucky as he undoubtedly does in the
opinion of the profession. And in Judge
JONI +. DILLON and Chief Justice THOMAS
VI. COOLEY. the States of Iowa and Michigan
offer lawyers who have no supcriors in
learning or ability on any bench in the
country.
At this time, when 50 much Is being said
about civil service reform we suppose
il will be conceded that man Is not to be
made a Justice OF the Suprcm" Court until
he has in some way shown his fitness for the
| Office; and. further that the man who ought
| To Ice appointed Is he who has shown himself
most fit Tried 10y this test, whore Is MIR.
| HARLAN compared with the other persons
we have named; and, indeed. with many
| more However popular he may be- as n
man, however influential hc may bc a pol
itician however brave he may have been a.
an officer, il l. a. lawyer that We must re-
gard him here; and in that aspect Is he any
thing more than II representative of medi-
ocrity: He il not an Old man, aud Ia" may
| have marvellous talents still hid. lnde,d
we are told that he will surely grow t,
greater things on the bench. and - he
may; but the people prefer 10 put men Their,
who have grown great already They d'
not want the supreme Court used Us Il sort
OF test tube for genius.
When an Office like this Is 10 hc iillcl. the
duty rests alike on senators OF both partic.
to consent To- the appointment Of no one VIII
does not fulfil the conditions We have indi
Gated. If in such ease they yield to motive
Of political friendship or kindly persona
feeling, whore they should Doe actuated onl.
by the dictates of wise -tatr-man-hil
they hasten the coming Of that age of N"
diocrity which an inferior judiciary tends 81
| greatly to UrOmute