Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-11-04
JUSTICE PECKHAM's SUCCESSOR.
From the n. Y. Tribune)

ell
New York and the second fedora, cir
cult have just lost a representative on
the bench OF the United States Supreme
Court. IT cannot be predicted that pre-
cedent will be followed In nllnE the
vacancy with another appointee from
this state or this circuit. The old idea
Of distributing supreme court and cabi-
net places with due regard to the boun-
do ries of circuits or sections of the coun-
try has recently fallen somewhat into
dsregard-more. however. in the case Of
cabinet posts than of justiceships. Pres
tdent Roosevelt paid little attention to
geographical divisions in making selec-
tons for the highest offices under the
government. He had at once time three
cabinet officers from the same State and
often two from the same State. He APP
pointed three associate justices OF the
supreme court Oliver Wendell Holmes
and william n. Moody came from Mas
sachusetts, giving that State two seats
out of nine on the supreme bench. The
other-William X. Day, OF Ohio-was
chosen from a circuit which already had
two representatives in tho supmere court.
AS the court Is made IN now six Of
the nine circuits lave representation.
The first has two justices, the fifth one,
the sixth two. and the seventh, eighth
and ninth have one apiece. The second.
third and fourth are unrepresented and
there is one vacancy. In the last one
hundred and twenty years New York
has been without an appo!ntee in only
fifteen years. and for three years OF tho
fifteen Chief Justice Oliver Ellsworth.
OF Connecticut. represented this circuit.
Since 1906 the breaks in service have
been brief and accidental John Jay
was chief justice from 1889 to 1885.
Brockholst Livingston served from 1905
to 1923 and Smith Thompson from 1893
to 1S43. Samuel Nelson followed after
two-year interval his term covering
twenty-seven years. from 1916 to 1872.
Ward Hunts term was from 1872 to
1852, and Samuel Blatchford's from 1889
to 1898. There would have been no break
then but for the rejection by the SEN
ate. at David 3. Hills lnstigation. of the
nominations Of william B. Hornblower
and Wheeler II. Peckham. the vacancy
being filed eventually by the nomination
Of Edward d. White. OF Louisiana.
Rufus ". Peckham was appointed In
1886 and served till 1902 It will there
cord, so far as this State and circuit arc
concerned, il Justice Packhams place
is filled by a successor from another ju-
dcial circuit.
Before the Civil War the seats on the
supreme bench were divided pretty fair
~ between the North and the South. the
slave States getting more. however. than
the free States. owing to the long control
by the former OF the dominant Demo-
cratic party. Up to 1850 there were
twenty-one justices named from the
South. to fifteen from the North. The
war ended the Souths preponderance
Since 1860 there have been only five
southern Justices appointed, to twenty
one from the rest OF the country. The
fourth federal circuit, which includes
Maryland, Virginia, West Virginia
North Carolina and South Carolina, has
had no representative since Chief Justice
Taney's death, In 1864. The country Is
outgrowing geographical and sectiona
distinctions, and a President does no,
hesitate nowadays to make what he re-
CARDS as the Attest choice for post
without regard to residence But we
should regret to see New Works line OF
ments broken, since the States impor.
lance entities It to recognition and 1t,
bench and bar can furnish many mer
thoroughly equipped to continue this
honorable service given to the nation by
Justice Peckham and his six predeces
eOrs.