Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-04-18
THURSDAY APRIL 10. 1889.
The Now Justice.

Who IL 10 be the new Justice OF the SUI
prems Court OF the United States? From
what State or circuit shall he come! lsa
bitter partisan TO be appointed, or Is the
new appointee to be a lawyer OF superior
sbIlitiesS
Let us say first OF all that II has been
twenty.nine years since there was Viz
gilman upon the Supreme bench, the last one
being Mr.. Justice DANIEL. But Virginia IS
not the only State in the fourth judicial cir
cult Maryland, West Virginia, virginia
North Carolina, and South Carolina consti-
tuie this circuit. Cmef-Justice TiNEY was
the last Justice appointed from Maryland;
West Virginia never had one; North caro-
lima has not had one since 1904; nor South
Carolina one since 1884.
There are nine Justices on the Supreme
bench when it il full; and there are nine jul
dlcial circuits. Mr.. Justice GRAY represents
the first Judicial circuit; Mr.. Justice BLATcH-
YoRD, the second; Mr.. Justice BRADLEY, the
third; Mr.. Justice LAMAR, the fifth; Mr..
Justice HARLAN, the sixth; Chief'Justice
FULLER, the seventh; Mr. Justice MILLER,
the eighth; and Justice FIELD, the ninth.
1t thus appears that every circuit except
this one Une fourth has representative
upon the Supreme beach.
What good reason can President HARRI'
HoS give for not appointing the new Justice
from one OF the States composing this cir
cuitY lie has adopted the praiseworthy
rule OF appointing territorial officers from
the Territories Surely within the reason
OF this rule comes the selection OF justices
for the Supreme Court.
Certainly the President ought not to en-
terrain the proposition TO appoint the new
Justice from Ohio, the State from which the
last two Chief Justices were appointed
CHASE and WAITE--and also Mr. Justice
MATTHEWS, one OF the recent appoiutees to
the Supreme bench, and who has just died.
There Is but one good reason which can be
given for not appointing the new Justice
from the fourth circuit. That reason, II II
existed at all, would be found IN the iactihat
that there was no Republican lawyer fit for
the place residing within the limits OF the
hean lawyer because unfortunately even
the justices OF the highest judicial tribunal
In the land are selected on account OF their
party affiliations. Now. is there no Repub-
llcsn lawyer in the State OF Morylaud-in
the great city OF Baltimore-ft TO succeed
Mr.. Justice STANLEY MATTHEWS; Not one
in West Virginia? Not one in Virginia?
Not one I'm North Carolina; Not one In
South Carolina? We are not prepared TO
bring such q charge as this against the Re.
publican party in the States named.
Recollect that the reputation Of lawyer Is
not always commensurate with his merits.
When Mr.. CHASE was made Chief Justice
many persons even amongst those who
knew him considered it doubtful whether
be was equal 10 the position. When Mr.
WAITE was made Chief Justice the pro-
yincial New York press pronounced it
misfortune that Mr.. EvARTs had not been
thus honored. though the long-winded New
Yorker was as 10 the clear.headed Ohioan as
Drawing mule 10 blOoded horse.
We shall not recommend anybody to the
President to succeed Mr.. Justice MATTHEWS.
Our Recommendation might diminish the
chances for success Of the Republican OF our
choice. But we iosist upon it that the five
States which compose the fourth judicial CIR
cult are entitled to the next Justice. II the
Presidents party is so poor in lawyers that
It cannot furnish one In the whole circuit ct
10 sit at the Kings gate, then a Democrat
ought to be the recipient OF that high honor.
Beyond doubt IT belongs to this circuit