New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-12-16
4 SOUTHERN JUDGE.

A vacancy upon lie Supreme Bench OF the
United States has just occurred by the retire
ment Of Justice Strong, and one or two more
are likely to happen within a few weeks. \ cry
DropeI suggestion made in tic Southern news
papcrs that one OF these vacancies should be filed
from tie South, has been acted upon by the
President. The states lying sOath OF the
Potomac ana tho Ohio have nov but single
representative in tue tribunal OF last resort
Justice Harlan, of Kentucky, whose residence
at Louisville Identifies him almost as much with
the North as the South. A judge familiar with
the social coalition, local laws, and business in
teyests OF the section of the Union lately IN
rebellion will be valuable acquisition to the
Supreme Bench. People in the North will
readily conccde that the claim which comes up
from the South is just, and shOnld be Needed by
the Senate as il has been by the President But
when names vi available appOintecs are can
vasscd it is not agreeable f0r them 10 hear Objec
tons urged against certain emiDent jIrsts OF the
ground that they were not born III the south, al
though they have long resided in that section and
arc thoroughly c0nversant with It's affairs. JUS
tice Field was not BON III California, but no one
mpiained when he was appointed that he was
no; proper representative OF the Pacific
coast. Justice ,Illcr il not n native OF Iowa,
but he is none the less accounted an Iowa man.
" hy should it be insisted that Southern birth is
essential 10 entitle Judge TO acceptance as
Southern mani
Take, for instance, the case Of Judge Woods,
of Alabama, who has been nominated by the
President for Justice StrOng's place He has
been for a long time on The bench of the
Il -
to the Supreme Bench was very naturally
suggested when the last vacancy was filed
lie has lived fifteen years at the South,
not counting the four years he spent there in
the Union Army. Bat lie was born in Ohio,
and the Southern newspapers insist that he is
not a southern man. We would like 10 ask n
plain question. Is not their real objection to
him and others of his class the fact that they
are Republicans? After holding Court for
many years in circuit embracing six
States, it is fair to presume that Judge Woods
kno Ms more about Southern matters than either
of the Judges of mere local experience who were
urged by the Southern papers. His ability Is
not disputed. Why, then, was there such gen
eral opposition to his appointment? l. it not
because the Bourbon Democrats who control the
organs of public opinion in the South hODed TO
get "a man On the Supreme Bench who would
represent Southern theories OF government
because they knew that, while Judge
Woods, through his whole life at the North.
was a vehement and leading Democrat,
vet their rebellion made him first a
War Democrat then Il soldier, and then,
through that natural gate, a Republican 7
DO they not want Judge who Will reassert the
old heresy of State Rights, hold that the cleo
ton laws are unconstitutional, and mint a: grave
doubts about the validity OF the Xlilth, XlVth
and XVIII Amendments If they do, they
are likely to be disappointed We trust that
the President will select no one for the prospec-
tive vacancies belonging 10 the old school
CT Southern jurists. They are all tine
tured with State Supremacy notions. The
new men put upon the bench should be
strongly identified with the principles OF