New-York tribune., 1902-08-20
GEOGRAPHY AND JUDGES.

The voice of Connecticut is heard in the land
waling because the successor TO Justice cray
was not taken from the land Of steady hahlts
II is said that Massachusetts gets more than
its fair share in witness whereof it is pointed
out that Connecticut has had no place on the
Supreme bench since the resignation Of CHER
Justice Ellsworth. IN 1893. Now. as against
Massachusetts,, and also as against the rest OF
the country, this complaint is unreasonable.
Though a part of New-England Connecticut
and its larger neigilbor are not rivals in this
matter. The Nutmeg State is not in the same
circuit. but is in the Second Circuit as al ap-
pendage to New-York and perhaps when Mr.
Justice Peckham retires Connecticut will be
able to establish claims to the succession
Maine New-Hampshire and Rhode Island are
the proper rivals Of Massachusetts, those States
comprising the First Circuit, and they have
had all the recognition their comparative i'm
portance warranted. There have been seven
Judges from that circuit, including Justice
Holmes They are William Gushing and Joseph
Story. of Massachusetts; Levi Woodbury., Of
New-Hampshfre; Benjamin L. Curtis, of Massa-
chusetts; Nathan Clifford, Of Maine, and Horace
GRAY and Oliver Wendell Holmes, Of Massa
chusetts For thirty-one out OF one hundred
and thirteen years the smaller States have been
represented When II Is remembered that Story
served thirty-four years, while Gray, Gushing
and Clifford served twenty-One, twenty-five and
twenty-three years, respectively the lack OF
wide distribution of honors is easily understood.
Nor has Connecticut reason to complain of
New-York Its business is trifing compared
with that centring here. and the men who come
to the front where litigation is heavy and are
most familiar with local law and commercial
custom are naturally preferred to the leaders
Of a smaller bar. With the shifting OF popUla-
ton and commercial power the geographical dis
tribution Of Judges has changed. States which
In the early days were sure of representation
have had no member of the court for many
years while States which would certainly be
turned to now only recently were thought Of as
having claims Illinois. containing the second
city in the Union, now has the chief justiceship.
and, though his successor might not come from
there it would probably not be left long with
out Justice when other vacancies made shift
ing possible. Yet Illinois has had only one other
member Of the court, David Davis, appointed
In 1862 The Pacific Coast, too, claims recog
milton, but it had none till 1863, when Justice
Field was appointed. On the other hand, North
and South Carolina ceased to figure In the court
early in the last century. Virginia, which
sometimes had two members, has been unrep-
resented since the death of Justice Peter V.
Daniel. in 1850. Georgia and Tennessee each
had one member before the Civil War and one
since, while the whole Middle West beyond the
Mississippi has so far furnished but two JUS
tIces Miller OF Iowa. and Brewer, OF Kansas,
though it's influence will doubtless be felt greatly
hereafter So Il is not surprising that with only
nine Justices and forty-fve States selections
almost invariably are made from leaders at
the seats of activity. If new judges are taken
from the bar or State courts this must be i'll
evitable They have had greater experience
and survived more competition. If circuit
judge is promoted, he may chance to live in
small State Of the circuit. man of extraor
binary ability may thus command advancement,
but this rarely happens
Including the new justice, and excluding men
like John Quincy Adams, who were nominated,
confirmed and who declined, there have been
Just sixty members Of the Supreme Court.
These came from twenty-four States. Forty
FIVE of them came from the original thirteen
States. Only three States have ever had two
members at one time Virginia. Maryland and
Ohio each had an associate justice during the
service of one of its citizens AS chief Justice.
Two Virgnans. John Marshall and Bushrod
Washington, were appointed by John Adams
and died during the administrator or Andrew
Jackson serving together for nearly thirty