The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-06
UNITED STATES SUPREME COURT.

THE VACANT CHAIR or JUDGE DAvIs-sKErcHEs
OF THE PRINCIPAL AsPIRANTs FOB THE
sEAr-sENTIMENIs OF THE BAR.
Tho resignation Of Judge DAVIS has made vacancy
in tho highest the land, and might be sup
posed, the number Of lawyers willing TO occupy The
seat Is not nconsidcrabe. For months past the ONCE
OF the Attorney General Of the United States been
In the receipt OF applications and
this subject, that being the Official channel through
which suggestions the President reference the
appointment To those who have these doc
uments IN tho Office Of Attorney General Dsvens
OF the applications have appeared in degree
childliks and bland An impression has prevailed
that tho President would make his selection from
among members OF the southern Bar, such impression
beng based tho supposton that he intends to dis
tribute large proportion OF the federal patronage
among the natives of the South. Judges Wayne aud
Campbell the former from Georgia and the latter from
Alabama, were upon the supreme Bench before tho
war. Judge Wayne remained at bis post until his
death, and was q gentleman OF the old school
and considered one OF the most learned
and capable members OF the Court The I'M
preston that the President intends to draw
upon tho South for a new member Of the Court has
resulted in bringing to the IRON. largo number Of
pirans among the members Of tho Bar OF that section
and very generally there is unusual interest mani
tested In the appointment II Is believed that many
important questions arising out Of the late war; will
before tho Court for decison and 1t thought
that the South should be represented in tho adudica
tions which may present less more OF political
character. Another argument presented favor of
such an appointment is the ACCESSIBILITY of
having jurist versed in tho civil law
to aid tho Court in tho determination Of
appeals from where tho Jurisprudence based
rtrtt tnW knoll nf fhA ,aUta
which been used ut tue White House 20 influence
the President IN hts selection. Mach public interest
existed at the time OF the appointment OF the
OF Chief Justice Chase by President Grant, and scarcely
less exists In relation 10 the appou ncnt OF The
successor OF Judge DAVIS tbs being regarded as one of
the important Apo ntmcnts President Hayes
Will DO called upon TO IN IKE during his xd-
ministrstion. The members OF the Supreme
Court Bench IL has been said, should DO
las chastc the icicic that hangs Dumas
temple and no doubt the claims OF those presenting
themselves Tor oico Will with care
and inparalty, and decision rendered by the admin
israon, irrespective OF personal friendship or weight
OF political influence. The criticism has not been In.
frequent that. Of late years, tho decisions Of che
supreme Court OF the United states have not been
garded of equal weight with those OF former years.
although niputation against the integrity Of OF
lis members has hitherto been made Among the
principal, and by their respective irients strongly
urged asprans LOT appointment 70 the vacant seat Oh
,he Bench aro Judges Drummond, Hunt, Pettus,
WOODS and some others.
JvDGE pRUxMoSD.
Few judges command entirely the respect and
confidence vi the Bar and people AZ Judge Drummond.
The territory of his present circuit includes sono Of
the IN ost populous and wealthy States of tho Uniou
and the tgstIons IN his court OF pIoportionats
magn tudc aud difficulty. la particular does tins APP
ply 10 causes Involving railroad property, IN which
ctizcps vt all the States vi the Union, and OF
none than Now York, are Interested The
dolcate questions OF chanccry Jurisprudence, ncud
Ing the selection OF the Of these great high
ways, demand the greatest AFFINITY, experience and
impeachaUic integrity. To Judge Drummopds charac-
tor in these respects the highest testimonial has been
the spontaneous and almost unanimous appeal OF the
members Of the Bar OF his circuit Tor bis promotion 10
a the Supreme Courl Bench at Washington. IL
urged by tho cstern Bar that they have peculiar
claims TO he heard in respect Of nomination
10 succeed Judge DAVIS. Hc was the associate
Justice assigned TO Judge Drumnond's circuit aud
was appointed ron tue State Of ILLINOIS, and the law
yers that section argue that The people oi tho CIR
cult would have felt aggr'evod II the successor oil Mr.
Justice Nelson had been chosen from outside OF this
STATE, and that Judge Davs, having been an Illinois
mao, his legitimate successor should come from the
State, ard that the national reputation OIL Judge
Drumnoad, has crudition as lawyer ANA long and I'M
taruished experience the bench, are sufficient to
satisfy the President Of the appropriateness OF nomi
mating him.
strong rival for the position, and, as hrs friends
clam. equally deserving quito hopeful Of success,
Ia William II. Hunt. Judge Hunt belongs TO family
OF lawyers. One ol his brothers was for many years
an eminent me mber OF INC supreme BoDcn OF Loui-
siana Another brother Is slr. Randall Hunt, n
prominent advocate at tho southern Bar. The Judge
Is well yersod IN the doctrines Of the peculiar mixed
jurisprudence OF Louisiana aud Texas. lie has been IN
active practice Tor more than twenty years aud Is
gardcd best forensic deDatcrs the south.
WncH Gcnerai butier TOOK posSc1sion VI >e" oticaus
OF the nrst Union men To greet tue advent oi the
national troops was Judge Huu and u has been said,
not without reason that he was the main reliance OF
the Union commanders In that section Tor advice Id
regard 10 the southern country winch came under
control OF the Union army II u should be inaily de-
termined TO give the vacant scat ON the supreme
Court bench to southern man II Is generally con-
coded that Judge Hunt would be Acceptable. he Is
we'll known 10 members OF the New YORK bar, Is re-
latcd by marriage TO the Livingston family OF this
State owns summer residence ON the Hudson, and IN
tho line OF Southern Union men has strong claims for
the Office.
BENJAMIN II. BREWSTER
Not the least among others prominently mentioned
for the Office Benjamin H. brewster he Is supposed
10 nave peculiar claims the President from his
aidaure Tor President before the vention that
nominated Mr. HayeA
~. HARLAN
James ~ Harlan, also mentioned as an asprant to
the vacant judicial oiice IS one OF Kcntucky's most
distinguished lawyers aud was an ardent Union man
during the late civil war;
JrDuE cALDw IL.
Judge CALDWELL whose claims have also been aus
cusscG, Cniled States Dislrct judge Tor Arkansas,
aud Is receiving powerful support from that section
EDMUND W. PfTrrs