National Republican., 1877-09-26
THE SUPREME COURT YACANcY.

Supreme Court should he filed without
much further delay. The anxiety OF the
public will no doubt soon be relieved by
the appointment of some suitable person.
The President, being himself an eminent
lawyer, will take n professional pride in Sc
lecting some one Of the highest standing at
the bar. There arc 40 many persons pos
sessed Of the requisite qualifications for the
position that Mr.. HAYES will not have the
slightest difficulty in making such an ap-
pointment as will do credit to his judg
ment.
The most important matter for the Presi-
dent to consider in this connection will he
rs to what section Of the Republic the new
Justice Of the Supreme Court shall be ap-
pointed from. The people of the South
very justly claim that the principles of
Justice and equity demand that the vacancy
should be filed by an eminent Southern
man. Owing to wcll.known events in the
history of the nation the members of the
Supreme Court are geographically very un-
fairly distributed. II is the plain duty of
the President to make such an appointment
as will partially at least rectify the in
equality. Since 1860 the appointments
have all been male from the Northern
States. In order to properly equalize the
representation Of all parts of the Republic
the present vacancy and the next two
ought to he filed by the appointment of
Southern jurists of eminence. The South
would then have onethird and the North
two-thirds of the members of that tribunal.
All patriotic and flir-mindcd citizens must
desire to see this iair distribution of those
high Offices effected MS soon as possible.
If the President is to be guided by the
foregoing considerations all Northern can
didates will he at once very properly ex-
cluded. The fact that even such an emf
nent iurist and such an upright judge rs
THOMAS DRuMMoNp of Illinois is urged
for the place ought not to give his claims
any weight whatever rs against the policy of
doing justice 10 the South. Turning to that
section of the country we find great num-
her Of names presented. OF these w. b.
WooDs, of Alabama, and Judge CALDWELL.
Of Arkansas, as Northern men, who have
only resided n few years at the south. can
not be- seriously considered il the place is
10 he filed by representative man of that
section.
Judge HrNT, of Louisiana, has been in
active practice in that State for many years,
and is consequently familiar with the
principles of the civil law which prevail
there, fact which would render him n valn-
able member of tho court lie is, moreover,
man of integrity, learning and high char
acter, and would make highly creditable
member of the Supreme Court. Although
cx-Secretary BRIsTow is n good lawyer. the
fact that he was lately identified with
bitter political quarrel would render it in
sxpcdient to appoint him. Gen. HARLAN,
OF Kentucky, is entirely worthy of the posi-
ton, but it would be more satisfactory to
the interests which il is desirable to con-
siliate by this appointment TO select some
one fully identified with that Southern
sentiment which, although for time bit
terly alienntcd from the Union, has now
loyalty and heartily renewed its devotion
10 II.
1t is q wcll-known fact that President
HAYES is deeply attached to the principle
of minority representation. He would not
organize partisan court even though he
had the power to do so. This fact is illus
frated by an incident which occurred during
his last term rs Governor of Ohio Under
an amendment TO the constitution of that
State it became his duty to appoint Su-
premc Court commission for that State, con-
sisting of five judges. Although lie had the
power to i'll the entire bench with Repub-
licans he voluntarily filled two of the seats
with Democrats. All the judges now on the
Supreme bench except one were appointed
~ Republicans, and therefore if the Prcsi.
dent Is governed by the same rule he OBJ
served in Ohio he would select n member OF
the opposite party to fill the present VA.
cancy on the bench of the Supreme Court OF
the United States.
Looking ut the matter from such o stand
point rs this we do not see how the Presi
dent can do better than TO tender the posi-
siOn to Judge HERsCHEL V. JOHNSON, o
Georgia. Born on the 10th of September
1872 his physical powers have been so wei
preserved by Temperance and exercise tina
he is now in the full enjoyment of his men
tai faculties. A graduate of the Universit
OF Georgia, he has never omitted to Civ
pttentiOn to liberal studies in the interval
of business, 10 that his scholarly attainment
would make him valuable acquisition I
the learned society Of the National Capita
Having entered upon the practice of tn
law early in life, he has always been dill
gent student, so that his legal lore has mad
him a bright ornament of the Suprem
Court bench Of Georgia, upon which he ha
occupied seat for many years Above al
Judge JOHNSON is n man Of sterling integ
rity, quality without which the creates
talents and learning are of but little worth
THESE qualities of the man command fC
him the highest veneration wherever he
known, and in such an enlarged field {
usefulness as the Supreme Court of I'll
United States would not fail to prove til
wisdom of the President in making the 81
pointment.
1t detracts none from the merits Of Jude
JOHNSON TO say that he has n OF sought tn
position. During all the agitation in regar
to this matter he has remained at his POI
pf duty, quietly but faithfully performin
his daily work This appointment is urge
by many of the most enlightened iourna
Sorth and South. The great and good wor
D reconciliation in which President HAYI
fs engaged would be more eiiectually pr
snOted by the appointment of Judge Jon!
PoS than by any other single act which
has it in his power to do. This appointmcl
would not only be graceful and arccptah
compliment TO the South. but would at Il
same time place n Justice on the Supren
Bench who would be certain TO arlnm tn
position by his integrity and learning al
we are therefore very confident Ih.u Il
country would with gIru manimiry lau
The action OF the President -hould he 81
proper to select HEEsCIlEI V. JOHNSON,
Georgia, TO ill the vacancy in question.