New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-30
IMPORTIN NOTES

Apart rom the reorganization of the Cabinet,
which some of the newspapers hasten To take
for granted will soon be made President Arthur
has to fill number of important posts now
vacant or shortly to become so. The country
will therefore have early opportunity to see
with what wisdom he is able to exercise the
appointing power. The vacancy on the bench
of the Supreme Court caused by the death of
Justice Clifford, of Maine will doubtless be
supplied by an appointment sent in to the APP
preaching extra session of the Senate. As the
deceased Justice was New Englands only rep
resentative in the Court, we may conclude that
the appointment will be made from that Sec
ton. second vacancy practically exists
through the disability of Justice Hunt, of this
State. who has not been able to perform his
duties for nearly two years, and it is said never
expects TO he able to resume them. He has not
served long enough, however, to take advantage
of the retiring act, and is ,naturally disincined
to give up his salary. Perhaps Congress will
think it proper to pass a special act to meet his
case. The country will not grudge him his
retiring pay, though he lacks year or two of
the prescribed length of service
No appointments which a President is called
upon to make are so important as those
to the Supreme Bench. The Judges of the
highest National tribunal are the guardians
of the Constitution, the interpreters of
the laws and the administrators of Justice
in its nobiest functions. In considering the
qualifications of those whom he may have in
vie-F in connection with the present and prospec-
tive vacancies in the Supreme Court, President
Arthur should be sure of two things-6rst, that
they have excellent regulations as iurists in
their own States, and second, that they are of
such age and such condition of mental and
bodily health that at least fifteen years. hard
service may reasonably be expected of them
The experiment of elcvating lawyer from the
bar directly to the Supreme Bench without any
judicial experience has been tried and not I'M
successfully. but 1t Will hardly bc claimed that
the precedent is good one To follow. The rule
should rather be to recruit the highest tribunal
III the land from among the most eminent
Judges of the State or lower ederal Courts As
10 the consideration of years and health, il is an
important one. n Justice of the Supreme
Court has II latouous position, and To endure
long the strain put upon him needs a strong
brain III sound, vigorous body. Frequent
changes in the Court are To be dcplored, as
diminishing its efficiency and making it liable
TO be less steady and conservative in it's opin-
ions. model appontce to the Supreme Bench
would be a man of about fifty, in robust health
accustomed 10 hard work, and with an excel
lent reputation for clearness, breadth, accuracy
and judicial temper, gained by service upon
the bench of one of the State or Federal
Courts. We need not say that he should also
be we'll grounded in the republican ideas of
citizenship and of the relations of the Nation TO
the States.
There are two frst-class foreign missions to
be filed The German Mission was made va
cant several weeks ago 10y the return of Mr.
White, who resigned To resume his duties nj
home as president Of Cornell University Ac-
cording to a recent dispatch from Vienna. Mr.
Phelps has informed President Arthur of his
desire To he relieved from the Austrian Mission
ia soon rs his successor can conveniently be
appointed. In filling these two high diplomatic
posts, the country expects that President
Arthur will go above the grade of the average
successful politician who gets into Congress by
n gilt OF stump oratory or skill in managing
conventions. The new appointoes will be
compared. both ut home and in the countries to
which they are sent, not with the inconspicu-
Gus men among their predecessors, but with
the famous men who have filled the posts lust
before them. There need be no trouble in fill
ing both places well if the President consults
his own Judgment, but the pressure upon him
will be pretty sure to be in behalf of men whose
fitness for diplomatic station Is apparent to no
one but themselves.