The New York Herald Newspaper, August 28, 1873, Page 4

4 UNCLE SAM'S CHIEF JUSTICE, ‘Some Legal Hints for Presi- dent Grant. a Whe Lawyers Have a Word to Say— “ Tho Qualifications for the Office— Marshall, Taney and Chase, and Who Will Succeed Them? ee 'THE LAWYERS DEEPLY IN EARNEST, \Interviews with Oharles O'Conor, Wheeler H. Peckham, Olarkson N, Potter, Wil- liam A. Beach, Algernon 8 Sullivan and Other Distin- guished Lawyers, “WHO IS THE COMING MAN? \ The appointment of a Cnief Justice to succeed ‘the late Chief Justice Chase, of Ohio, has recently excited considerable interest on the part of leading Mawyers of the metropolis and the nation. Below the HeRatp presents an epitome of the views a ‘gome of the leading members of the Bar of this ity, to which, by way of preface, is given the cur- went opinion on the matter in the national capital. The Chief Justiceship in Washington. : WASHINGTON, August 27, 1873, \ Acorrespondent of the IIgRALD had yesterday a ‘conversation with a prominent lawyer, whose ‘reputation has long since compassed the nation, on ‘the question of the vacant Chief Justiceship, After me general conversation in reference to the jomination, the names of possible candidates were joussed. In this talk there was such @ pleasant ple of personality, and it was so gossipy in its jetails that I cannot refrain from giving it you. In Awithholding the name, however, Lam quite sure 1 i only justifying the confidence that was reposed pee omaxces OF JUDGE WOODRUFF. If it is decided, as I believe it is likely that it ‘will be, that the nomination shall be made from WNew York State, I think that Judge Woodrof’s \ehances are even more than good. I think so for maby reasons apart from his fitness, which is, as ‘gi who know him must concede, undoubted. ‘ou will remember that Judge Woodruff was Judge in the Superior Court, a minor and mewhat inferior Cougy when Circuit judges ere added to the Supreme Oourt. Some ‘three years ago General Grant, himself ve one of these Circuit judgeships to Foc Woodruff, and that must have been done From some intimate knowledge of the Judge; for when he was on the Superior Court bench he was jot popular. He had the habit then of falling in ve with one side of a case, generally on the facts, 4, of course, generally on the right side. If he ia not fall in love with the facts he was so good a \wyer that he would fall in love with a law point, ind this troubled the lawyers practising before hhim, and if they were on tne side that he did not 1 in leve with they would be sue iclous of prejudice. When he was, there- More, selected by Grant fer the Supreme ‘Court Judgeship he was not popular with the Bar, and must have owed the selection to some ‘ther influence than that. Now, he has lived Gown all this prejudice. The Bar cheerfully and frankly acknowledge bis worth and single minded- Tess, and he would be endorsed by all lawyers who Know him. I know, too, from good authority, that Genera! Grant has him in mind; and, though there bas been no promise that the Judge would have the nomination, still there was enough sald to show that General Grant would not object. I Know Judge Woodruf well; I know how well he would become the Chief Justiceship, aud I really should be very glad to see him obtain it. 2 CHANCES OF WILLIAM M, EVARTS. The practice has been to make the nomination from the Bar rather than from the Bench. If that practice is continued, Mr. Evarts ought certainly to be the man selected. In saying so, I am only obeying the behests of my head, and doing simple justice to Mr. Evarts. My relations with Mr. Evarts are of the friendliest character, but if they ‘Were not 1 should, from a feeling of simple justice, as I have sald, say the same thing. He is pre- eminently, of all men at the Bar, the best fitted for this position, But I am not inclined to think he witl get it for all that. -You will remember that when Mr. Evarts was counsel for Johnson, at the suggestion of his friend, Seward, in the tm- peachment, that he displeased the ultra-repubil- caits in becoming counsel, and that they have never forgiven him for it. Now, I think Grant has & litwe of that feeling teft. Jonnson once tola Grait that he (Grant) was treacherous and a liar, and Grant never forgave Johnson for that, and whe Evarts defended Jounson the remembrance Of this accusation came up, aud Evarts did not grow in favor with Grant, In answer to that I know it is eald that Grant sent Evarts to Geneva, but all about that is not generally known. Evarts was not selected until other men they bad hoped to get had declined, They wanted @man that was cold, calculating, solid, a good lawyer and of invincible judgment. Cushing was too eccentric to be left alone; Wade was “a collect- ing lawyer’ in the West, and had not the special knowledge that was requisite. It was absolutely inevitable that they should get a man in whose ability they had the most undoubted confidence, and Grant took Evarts because he was obliged to. There never was any doubt—there never could have been by anybody—that he was eminently fitted for it; but that did not remove the personal Prejudice, Then there is another circumstance that seems to point In the same direction. Grant removed Evarts from the Attorney Generalship, It is true that he pnt Hoar in his place, who was Evarts’ first cousin, but I don’t suppose Grant knew of the relatiouship, Now there was no public reason why Evarts should have been removed; he had been all that was desired under Lincoin; ne ‘was one of the party, was very much above the generalrunof Attorney Generals, and it coulda only have been in consequence of some personal Prejudice on the part of Grant that this step was taken. Were it not for these things—and we can- uot help thinking of them—I shonid certainly think Evarts would be the next Chief Justice. CHANCES OP JUDGE PIBRREPONT. Pierrepont, the ex-United States District Attor- ney, is intensely @ager for it He wants it aud ts trying with might and main to get it. Weil, I don’t ‘think he has the remotest chance, As to his quall- fications, they are almost immeasurably inferior to those of the other two men. He isa rather noisy politician and a piace hunter, and that, in some aspects, may be to him arecommendation, Still I think Grant wont allow that now to influence him. He will give the appointment, if ho can, where the profession will unanimously endorse tt. CHANCES OF ATTORNEY GENERAL WILLIAMS. There are one or two infucatial ctroumstances fn favor of Williams, Williams is a Western man, and the Wost, itis said, are making aciaim. He 4s near the President and can help forward bis ebances. He has another help, which has no small influence with the President. Mrs, Williams is @ great favorite of the President. I do not mean to intimate that the President 18 sub- ject to any other infuence than that he admires and greatly respects Mrs, Willams and ‘hat a lady in such advantageous circumstances with the appointing power might make use of these circumstances to help forward her husband's Prospects in life. All perfectly legitimate enough, &nd Goubtiess having no small weight. My own {unpression, however, {s that Williams will not be the man. There would be fewer jealousies if it were made outside the oficial circles and a better ebance with the Benate, Mr. Charies ©’ Conor. ¥. Charies U'Uonor returned from his vacation | and NEW YORK HERALD, THURSDAY, AUGUST recently, and was found by a reporter of the HERALD at his oMice, in the Pacific Mail building. In reply to inquiries as to whether he had given the appointment of a Chief Justice any considera- tion Mr. O’Conor said:— “I suppose you mean as to whol think is likely to receive the appointment, and ifso I should not like to mention any names. I should be perfectly free to do this, because it is quite certain that my political position—if there were no other reason— would prevent me being one of the designated parties.” “Of course the Henaup would like to have your opinion as to the probable nomination, but 1 can quite understand that you would have a feeling of Gelicacy about that, and therefore I will not ask for any opinion. I may, however, probably be al- lowed to ask you if you think the candidate wil be taken fromgghe West or wiicther the selection will be made from New York State?’ “] think itis not unlikely that New York State will have @ candidate, who may be nominated, Tne last Chief Justice was irom the West. Mr. Chase was from Ohio, you remember, and there- fore it would seem to be fair that a more eastern State suould receive the nomination; though THE ATTORNEY GENERAL, MR. WILLIAMS, is spoken of, and said to be in great favor, for many reasons, with the President. He is from Oregon, and that would give it to a Western State.” “Do you think that the public business is delayed im any way by the non-appointment of a Chief Justice?” “No, sir; notin any way. The sentor Judge is virtually for the time being Chie! Justice; and Mr. Chase was, in cousequence ot his sickness, 60 long away from the Bench that practically the dela, does not make the slightest difference to the prog- ress of the business of the Oourt.’” “It is said, Mr. O’Conor, taat General Grant will not make the appointment until December.” “That, of course, is to obtain the confirmation or the opinion @: jhe Senate simuitanevusly with the nomination. There is AN EMINENT FITNESS in that which, of course, commends itself to every one’s judgment. Indeed, there is a precedent, as we lawyers say, for not doing otherwise. 1 think it was the second Chief Justice appointed—ap- poniee by General Washington, I belteve—Judge utledge, It was in July, 1795, President Washing- ton appointed him Chief Justice of the United States. He-presided at the succeeding term of the Supreme Coprt. But the Senate assembled in De- cember, aud, for political reasons, refused to con- firm the appointment, it was taken with a sick- ness which deprived hint of his reasoa, and which deprivation continued until the time of his death, in July, 1800, So that have no doubt that General Grant has been reminded of this circumstance; and there are many other considerations, indeed, that might induce him to withhold his nomination until the Senate had met. There is no reason why he should not do so, and, in all probability, we 61 all not know, confidently, who is selected until about December.” i Mr. Wheeler H. Peckham. The reporter encountered Mr, Peckham leaving his office, and said:— “Mr, Peckham, I am visiting some of the princi- pal members of the Bar to ascertain their feelings upon the question of the Chief Justiceship of the United States.” Mr, PeCKHAM—My opinion is that the officé should be filled by an able lawyer of great experience and thorough knowledge of constitutional law. The Ohief Justice should be a lawyer in the fullest sense of the term. REPORTER—But, Mr. Peckham, are there not other qualifications necessary? Should he not bea man who has stood aloof trom active participation in party politics? A-partisan would hardly do for that office. Mr, Peokaam—Nearly every lawyer is more or less identified with party politics. All lawyers have very decided political opinions, and a man to fill the chair of Chief Justice should have decided opinions. : REPORTER—But he should not be one who mixed himself up in the management of party machinery? Mr. PeckaAM—All lawycrs, as Ihave said, par- ticipate more or less in politics. Ihave had much to do in politics, altuough I have not taken a prom- inent part in party machinery. We want a gentle- man of broad and liberal views and very decided opinions. These are the great qualifications for the office. REPORTER—What seems to be the opinion of the Bar om the subject? Who would be * THE MOST ACCEPTABLE ? Mr. PECKHAM—Most New York lawyers are not interested one way or the other. Those who prac- tise in the AdMiraity Court and patent cases are interested. My own choice would be Mr, Evarts, REPoRTER—How would Mr. Pierrepont do? Mr. PECKHAM—He would not meet my view at all. Clarkson N. Potter, The representative of the HERALD sent in his card to the sanctum of Mr. Clarkson N. Potter, one of the most genial and dignificd members of the New York Bar, who has his office in the Pacific Mail Company’s building in Wall street. On being ad- mitted he remarked to Mr. Potter:— “Tam visiting some of the leading members of the Bar to ascertain their feelings upon the vacancy in the Chief Justiceship of the United States, that is attracting much atteption just now. Have you any objections to giving me your views as to what you consider the requisites necessary to be pos- | sessed by the Chief Justice ?” “Well,” said Mr. Potter, “he should have every requisite necessary for so high an office; he should have not only great legal require- ments, but also political knowledge. Ques- tions often ariso that require a statesman as well as a lawyer to pass upon. The position from 1800 to 1865, Wich is a period that comprises the entire growth of the United States, was filled by two persous—John Marshall and Roger Brooke Taney. These two men, by reason of their great length of It’e, high character, talent and wisdom, gave dignity to the office. They left it not onl Without stain, but alter having flied the post wit such unsullied purity, with such lofty virtue, with noble action, as have lifted the very ofice itself in the esteem of the American people ABOVE ALL OFFICES IN THE LAND. Aman to worthily fill it should be a great man, a far-seeing statesman, and one deeply versed in the law, This is required now more than ever, for cases that call for the verdict of the United States Courts are increasing, Owing te the National Bank law, the extension of bites railroad arteries throughou' the States and litigations growing out of great transactions. The duties of the office, conse- quently, will be enlarged very greatly, and the best man only shoutd be appointed,” “Think you would the fact that a gentleman had taken an active part in politics be an objection to his appointment?” “No; I do not see that it should,” said Mr. Potter, “He must oiten decide political questions that may arise, and a knowledge of the politics of the coun- try would be necessary; yet he should not be a sons Mr. Curtis, late Associate Justice, would e acceptable to the Bar; but as his appointment a Mr, Evarts would likely be the next choice. ROSCOR CONKLING, Ihave no doubt, could have Lt if he would accept.” “Mr, Morrill, of Maine, has also been mentioned in this connection.” “1 do not know much about his legal qualifica- tions, but as a politician [ esteom him as highly as apy republican whose name I can now recall. It 1 too much to ask President Grant to pins the man who would be the choice of the Bar of the country, but it is not too much to expect that the one selected shall be a lawyer and a statesman of the highest character and attainments.” Mr. William A. Beach. This gentleman, so well known as a prominent lawyer, was found at his office, and in answer toa question as to what seemed to be the sentiments of the Bar upon the appointment of a Chief Jus- tice, he said :— “I was very much impressed by a paragraph that appeared in the HeRaLp a few days ago, I believe @ communication, speaking of the qualifications and merits of CALEB CUSHING. Although he isa man far advanced in years ho seems to be still in the vigor of bis manhood, No man in this country, in my opinion, is so well qualified to fill the 9Mce, The only possible objec- tion that can be advanced is his age, which, how- ever, has uot impaired his vigor or learning. I consider him the most capable man of the age for the office. I was out in Utica last week engaged in arguing a suit before Judge Hunt, and was op- posed by Roscoe Conkling. Le impressed me more favorably than ever, thongh I have known him for years, and have been on terms of social intimacy with him. He delivered one of the most powerful arguments Ihave ever heard emanate from him. I have had occasion to say this since, and it enlarged my idea of his legal strength, I heard nim during the last poiltical paign make a speoch. He is said to bea great stump orator and I think he is. He hag rather been noted for this than ee ability, but { think he isa better lawyer than generally supposed and a man of more than the ordinary labor and study that is attributed to him. The position he occu. pies as Senator is evidence of his great wer. Then there could be no _ exception Foxen to Mr. William M, Evarts. He has everything to commend him—tho character billy requisite to that positior. I think bim &@ very wonderful man. He has often given public evidence of his great capacity, I am opposed to selecting a gentleman outside of the Court, I think that one of the Justices should occupy this position, not only as 4 MATTER OF POLICY, BUT ALSO PROPRIETY. They are famillar with the duties and decisions of the Courts, as they are constantly in the habit of reviewing them, and there seems a propriety in advancing the senior Associate to Chief Justice. . It looks rather disrespectful to leap an outside gentleman over their heads. I have heard ir. Pierrepont’s name spoken of in this connection, As far as character and professional ability are concerned he would make au unexceptionable candidate for Associate Justice. As far as Mr. Conkling is concerned, how- ever, the policy of the administration Is such that his appointment would not comport with the usages of the government, Judge Hunt, recently appointed, resides in the same city, and to select an incumbent from the same locality would contra- dict the practice of the government. J think that he will not secure the ofiice for this reason, although he is be werful in bis party.’” “Do you think, sir, that PARTICIPATION IN POLITICS would be an objection to a man receiving tne ap- pointment ?” asked the reporter. “1 don’t think it is an objection under our sys- tem, and especially in the case of these gentlemen named. They would sink the partisan. They would, doubtless, have some personal opinions upon quesions coming before the Court; but Fshould not esitate to submit to either of these gentlemen any question, however it might be related to par- tisanship. iam oj posed the principle of elective judiciary, yet Ido not think our judges aro influenced by political opinions,’ Mr. Algernon 8. Sullivan, A HERALD reporter called at the law office of Mr. Algernon S, Sullivan for the purpose of ascertaining that gentleman’s views as to who he thinks, among the legal profession, would be the best person and the qualifications which he should possess~to fill the vacancy on the bench of the Supreme Court of the United States in place of Chief Justice Chase, deceased. Mr. Sullivan, who is a distinguished ornament of the profession, received the reporter with aflapility and showed him into a private ofiice. The unexpected suddetiness of the visit seemed for a moment to take the learned gentieman some- what aback, and, true to his instincts as a search- ing cross-examiner and as an excuse to gain time and draw the reporter out, he asked: — “What do you think of it yourself?” ReporTeR—It matters but little what a private citizen like myself may think of so important a subject; but the country at large is greatly in- terested to know the opinions of our leading law- yers—of whom you are one of the principal in this city—as to the fittest person, trrespective of party, to wear the ermine in the highest tribunal known in this great country. Mr. SULLIVAN—The question is very important and every lawyer has thought about it. The Chief Justice should possess, in addition to thorough law learning, a genius for applying law to the mani- fold cases as they arise. A good lawyer does not always imply a good judge. But the great thing ts tg have a man thoroughly upright, and in whose character everybody would place implicit confl- dence. WILLIAM 8. GROESBECK, OF OHIO, 1s in every way & man worthy and qualified for the Chief Justiceship. Without being invidious or de- preciative with respect to any of the many eminent lawyers whom I could name as distinguished enough for the highest honors, I think General Grant would not be able by any appointmen’ to give more satisfaction to the country or to do more honor to his administration than by the nomina- tion of Mr. Groesbeck: but in these days of too great adherence to party perhaps the President will not feel that he can nominate any one outside the ranks of hisown party. So much the worse for the country. Nearly au the lawyers who belong to what is Called the republican party, and whose names have been mentioned in connection with this office, unfortunately would be regarded as party judges. I do not say this would be merited distrust; for Thave faith in the personal character and honor ofmen. But the oMce named is so eminent that even the hesitation of a large body of the com- munity should be deferred to, We in New York city have great respect ior Mr. Evarts, and his appointment would give us satisfaction. I think, too, from all I hear, the President is much inclined in his favor. Ii one of the present Justices of the Supreme Court be selected to preside I do not know a lawyer who would not be giad to hear that Judge David Davis of Illinois was to be the Aap. “TO THE VICTORS BELONG THE SPOILS REPORTER—Has it always been the practice for the party in power to fill vacancies in the judiciary with partisan Judges, Has the Executive always worked upon the shibboleth of “to the victors be- long the spoi!s +” ir, SULLIVAN—Uufortunately this has generally been done since the time of Andrew Jackson until now, with some exceptions, however. I do not say that it is positively a bad ruie, for there are good and able men in all parties, but still aman who may be found peculiarly adapted to fillan office in such a manner as to greatly benefit the public and with credit to himself, I donot think should be exciuded because of belonging to a different party to tne appointing power. REPORTER—Do you think the present emoluments attached to the office of Justice of the Supreme Court of the United States sufficient to command the acceptance by our very best lawyers ? Mr. SULLIVAN—I do, It is true that there aro lawyers practising at the Bar who have a inuch re income than if on the Supreme Bench; but still the emolument of the office is amply sufficient for any moderate-minded man. Then there is the honor Lestat a od the position—An honor, in- deed, unpu:chasable—and esteemed oy the profes- sion As do not sa, éarer thiall silver pnd old. that 1t would be unwise to & ieitdat the presen salary of the Supreme Judges, buteven now it is enough to command the best talent in the country. I$ THE JUDICIARY PURB? RePORTER—The newspapers frequently teem with outcries against real or supposed corruption of Judges on one or another Bench through the country. Do you think the purity of the judiciary in this country is, upon the whole, equal to that among European nations? Mr. SULLIVAN—There have been occasional out- cries against individual judges; whether merited or not is a different thing. but this, from the great liberty of the American press, might be ex- baad I do think that, upon tne woole, the Amer- can judiciary is as upright and unsullied a8 in any other nation—France or Germany, We have had one or two judges—without mentioning names— who were accused of partiality in some of their decisions, It is impossible not to expect some irregularities among so large a number of judges as we have. Still, we must not forget that other nations, from one cause or another, have algo had their delinquents in office. England ig supposed to be exceptionally exempt from judicial shortcom- ings; yet a short time ago—a couple of years or so—Lord Westbury, one of the highest judges in the realm, was obliged by public opinion, excited through hts known official acts of nepotism and partial rulings, to throw om the ermine and retire to private life, where lie shortly after died of a broken heart. The House oi Lords and the aris- Ba A desirous to defend, were unable to save him. THE MANNER OF ELECTING JUDGES, Rerorter—is the present method of calling judges to the Bench that best adapted to the re- quirements of the country? Could any improves ments be made on the system now in use? Mr, SULLIVAN—The practice of selecting judges py the Executive works very well; so does the old plan of electing certain judges, The truth is, that ail depends upon the purity and intelligence of the pee A corrupt people would be apt to elect & ad Legislature, and this, in oe t probably nominate ind.fferent expounders of the law. On the other hand, were the administrators of justice to be all elected by the peopie, and the community ignorant or wicked, it could not be expected that they would select the best members of soctety to places on the Bench, A good man generally ap- points an honest one to be his attorney; a bad man does not take the same trouble, and he is usually Pd Benad a by one of his own class, With an en- lightened people we have nothing to fear from elther system Of appointing to oflice. Ex-Judge Shipman. Caliing upon Judge Shipman yesterday after- noon, a HERALD reporter found that worthy gen- tleman about to leave his ofice for the four o’clock boat, The object of the visit was to elicit his views as to the sort of man best adapted to fill the vacant Chief Justiceship of the Supreme Court of the United States. The Judge was good enough to express the most friendly feelings towards the Heraxp, but evinced great reluctance to have his name appear in print. “But, Judge,” said the reporter, “the gentlemen of the legal profession are precisely those Who can define the qualifications necessary for the presid- ing magistrate of the highest tribunal in the land.” “I know it, but still don’t care about expressing anopinion of mine, I have been on the Bench lately myself, and think, besides, that my ideas can matter but little one way or the other. As to the kind of man required to fill so high an office we all agree that he should be one of Srept learning and undoubted ability and integrity. {think the Chief Justiceship of the United States an office of the very highest honor and responsibility in the lit of fhe Dation, not even excepting the Presi- lency. vernon the Bppointment of such 4 functionary must be a very deiicate matter indeed?” “I think,” said the Judge, “it is perhaps the most important duty that hes thus far been by General Grant dyriog pis 28, 1873.—TRIPLE SHEET. Chief Justice of the United States Supreme Court, ; the constitu the principal expounder of all the jederal and con: CHSABIS NM. counter General Grant's popt Ret, fe. ot: stitutional law of the land, the 1 guardian of our dential field common prudence teach them lberties, properties and even lives, is to me the tochange their present political attitude. Let "ipo you think Judge, inate : rekety'and alncealted mcrae party ior tne SELECTION LY THE EXECUTIVE Mississi next Presidential contest; let bm openly and is @ better way of making appointments to the Opinions of an Official and a ip- frankly accept the results’ of the war; Top thers Bench than the old system of elections ?”" “Most assuredly I do, Out of a wide range of federal Judges whom I have known or heard of not more than four have been gecused one way or another of corruption in office. Anybody, whether well fitted or not for the office, might be elected for party reasons, Appointment is very different.” “Does any candidate occur to yous. mind just now as the one who would meet with the approba- tion of the Bar and give satisfaction to the country? Judge Shipman here said:—*I will not mention names, Todo so would be invidious, where there are 80 Many Ornaments to the profession, I will say, however, that the majority of the greatest lights of the Bar are not among the supporters of General Grant's administration. But the party sustaining him have, nevertheless, many eminent men irom among whom to select a Chief Justice.” “Do you understand it to be a rule, Judge, for the dominant party to uniformly fill offices of this kind from among themselves, regardless of the fitress of the nominee ?)” “Yes, it has been mostly the case, The party in power for the time spr a the offices, as a matter Oi course, from among their own ranks, But, after all, that does not matter much. When once a fudge isonthe Bench, nobody thinks of remem- oy hed party, nay. pave sragpr ce him mn her he belongs to one party or another fret no eonsegtiones ab alk The Naw! will be ad. mbieiened equally well by magistrates of either arty. “In your op'nion, Judge, is THE BALARY OF JUDGES of the United States Supreme Court sufficiently large to command the acceptance of the ofilce by. the best hr talent in the country?” “I think the salary of Chief Justice of the Unitea States Supreme Court—$10,500 Pharm cat tee small; it ought to be at least ,000 per annum, go a8 to enable a good man without property to accept of the office. Lawyers here in the fourth Tank of their profession make much more than $20,000 a year. But yet, with the salary, small as it 18, there is hardly @ man in the profession who would refuse the appointment. Lawyers prefer honorable distinction and position to money con- siderations, and the office in question is the very summit of the profession, and should be tue night dream and day wish o1 every young barrister.” “Judge, you are aware that sometimes rumor has it that our judiciary is anything but pure and pees do you think it compares favorably with the civil courts of European powers?” “lam sure that our judiciary ig as free from cor- ruption and favoritism as that of any country on the globe, I think that more cases of corrupt practices in office are to be found on record in other countries than with us in the United States, Without going largely into the reasons of it, I am sure this is the case.’ “What do you think, may I ask, about the PERMANENOY IN OFFICE otndzeay Should their terms be of long or short duration?” “I think that when. once a judge is appointed to office he should retain it during life, or, at least, during good behavior. When an official knows that his position is secured to him while he lives the pride which he takes in discharging well the duties of his office grows with him and in- creases with his years. Of course, every officer should be made subject to impeachment and re- moval. It would never do to keep a man unworthy of the place in it for life; but a competent, zealous, honest ofticer should hold his position during life. This is one ofthe things that can make the ju- diciary effective and respected.” The Judge now pulled out his watch, and the re- jorter took the act usa delicate hint that the in- rview was ended, and so took leave, THE VIENNA EXHIBITION. A Scientific Authority on the Hapsburg Enterprise. We publish below a brief letter from an officer in the United States navy, addressed to Professor Pierce, of the Coast Survey, giving his views on the Vienna Exhibition and the causes which have largely contributed to make it characteristically Hapsburglan rather than international or suc- cessful:— VIENNA, July 20, 1873, My wy Proressor—I have been nearly four eeks at Vienna, and each day adds to my admira- tion of the Exposition. It is a grand success, supe- rior in display, a8 in extent, to those preceding it at Paris and London, Austria has played well her part, and has been seconded by atest country to the full extent of their respective ability, except by the United States, our ebaiee gpevign tap Ten! je TI expected, from fore wy arrival; still at is far benind what it could have been. Many of our most useful inventions, elegant manufactures and nearly all, I may add, of our works of art are un- represented. This lack of interestin the Exposi- tion may be due to our distance from Vienna; to the fear of appropriation, witiout credit, of in- ventions and new applications of old principles; to the delay of the appropriation by Congress; or to the management; perhaps to all combined, In oo prent to the country devoting so much thought arid money to the Exposition and to the high character of her Commission, the leading countries responded by sending a8 managing com- missioners men who were disiinguished at home for their higu official position, for science and tor the confidence entertained in their ability and character; and this was also advisable in some ee to secure fuil consideration for the ex- hibitors, ‘The articles in the United States department, if not iull representatives of our progress in the arts and sciences, are very creditable and will take many medals. ‘The jurors have already finished their ex- amination and rendered sealed verdicts, to be opened next month, The on dit is, that medals aay thrown broadcast, so as to please every- dy. 7 The first allotment by Austria for the Exposition Was 6,000,000 florins, the second 9,000,000 florins, amounting in ait to about $7,600,000. This has been all expended, The datly expenses are about $4,000 to $5,000, The attendance isa failure. The Eee of admission has lately been reduced to Wenty-flve cents, except on two days of the week, when it is a@ florin, or fifts cents. The number of daily visitors expected was 50,000, It has hardly averaged 30,000, and the buildng is s0 {mmense and the grounds so full of attraction that there is no crowd and no excite- ment, and in consequence many visitors come and fo. and without thought or appreciation declare ie Exposition to be a shiftless affair, Ihave devoted myself principally to group four- teen, which includes astronomical and surveying instruments, and propose to make @ snort report on them to be sent to the Department. Any epecial class of articles has to be hunted up, re- quiring a close examination of every corner in the immense building to find what you want. [t is to be hoped that in the arrangement of the building for the Centennial Exhibition of Philadelphia articles of the same class wiil be brought into juxtaposition. The countries may radicate from a common centre, and the concentric circles be devoted to goods of the Same character. In this way each country will be distinct, and yet each visitor may be a juror by being able to examine and compare the same articles by merely following the concentric circle in which they are ranged, country alter country. I find here many instruments of beautiful work- manship. Those of a portabie character, especially the theodolites and transits, are constructed to perform more duties than we require of them in the coast survey, and cannot give results of equal Value to those of a more simple form. ‘The prin- cipal instrument-makers and mechanicians of Eu- rope are not represented at the Exposition. The improvements, or what I believe to be improve- Ments, and the noveities—-oddities, in many cases— will be described in my report to you. Iam, very respectfully and sincerely yours, R. DO. BROOKLYN BETROTHED. + How the Advances of the City of Churches Are Being Received by the Agricultural Suburbs. ‘There was a mecting of the Commission appointed by Mayor Powell to devise a plan for submissien to the voters looking tothe union of the county towns of Kings with the City, of Brooklyn held yesterday afternoon in the room of the Board of Supervisors. The President of the Commission, Judge Lott, of the Coart of Appeals, occupied the chair, There were present Commisstoners Lowber, Hamilton, Fox, Bennett, Bergen, Wyckoff, Driggs, Bergen and Kinsella. The first report read was on municipal government, which was, on motion, laid on the table. Reports on Police, Ex- cise and Health were then read, atter which Mr, Hamilton moved that a committee of five be appointed to take into consideration tho reports of the several sub-committees and report to the Board for the consolidation of the towns with Brooklyn. Lost. ‘the report of the Commit- tee on Terms of Consolidation was then taken up and adopted. Objection was made by Mr. Bergen to be charged with any portion of the it of the hears parks, onthe ground that they had not even een made a charge on the city a rge. He moved that the ks should not be included in the property to raised, Carried. A motion was made to exclude that venerable sand bank, Coney Isiand, from appraisement, and to retain {1 for the benefit of Gravesend, it being in reality the property of the town by reason of an ancient grant, Avery jengthy debate ensued upon the question of the propriety of adopting the mo- tion. The reeult of the discussion was, that Coney Island and Pelican Beach were both exempted from appraisement by @ vote of 7 to 4, On motion of ex-Congressman TuNts G. BenGEn the report under debate was laid on the table, and the Comptroller was requested to furnish the Commission with the exact condition of the debts 7 Lb dns value of the property of the present of Brooklyn, Tho. Commigaton adjourned until Monday after. td eee some of Creeks reid Groin! will be given an opportuni i disposed. OF union ghould they soe! #0 Great = pian on the Great Topic. Ex-Senator Foote on the Third Term and Jeff Davis. A French Journal on the President's Explanation. Interview with Civil Service Elliott. WASHINGTON, Augast 26, 1873, What might have been the effect of the HERALD’s powerful leaders on Cesarism upon the mind of government officials in Washington if they had been published during the session of Congress of course can only be conjectured. Men snugly en- sconced in office do not like to have an apparition come before them, especially in midsammer, when everything like life in the Executive departments slumbers a A and might. For {hat reason the few prominent individuals who believe in the tnfalli- bility of the republican party are loath to admit they have read or even heard of the HERALD’s warning, No less a personage than E. B, Eliott, Ohief Clerk of the Bureau of Statistics, * SECRETARY OF THE CIVIL SERVICE BOARD, advocate of an international system of weights and measures, himself weighing over 200, with @ British breadth of beam, and logarithms stowed in every conceivable corner of his brain; who is supposed to have the facts for everything; ‘who searches for wisdom in agricultural reports and dives into the depths of essays on political economy, and gets a larger newspaper exchange list than the librarian of Congress; even he had never heard the HERALD's volce on Coxsarism, I sought to en- lighten him, and, meeting him at an early hour in the day, was hopeful before night of getting some- thing intelligibie in tne way an opinion, CORRESPONDENT—Mr, Elliott, I can best state the drift of the articles referred to in this way :—WilL President Grant be nominated fora third term? Will he accept if he is nominated? Will he be elected if he accepts? Will he be a Cesar if he is elected?—and, if he is @ Oxsar, what wili become of the liberties of the people? : Mr. ELLIOTT—Do you expect me to answer these five propositions in a single day? Let me see. Drop the first three and begin, Will he be a Cosar? at DEPENDS UPON WHAT YOU CALL CAESARISM. You see, unless you state the case mathematically, tt would be impossible for me to give you a correct answer; and an imperfect answer, an incorrect angwer, would be of no use to the HERALD. Would it? CORRESPONDENT—Never mind that, Mr. Eliiott, but tell me, do you not, as the father of civil service reform under this administration, believe that the tendency of that reiorm will be to prolong the Presidential term? Mr, ELL1o1T—I cannot see how you should think so. The President, it is true, warmly supports the measure aud has repeatedly told me he was de- termined to enforce rules on every occasion where the service would be benefited by his so doing. I remember when the measure was first proposed amumber of politicians said it was de- signed to perpetuate the republican party fo Rowen and, as a sequence, to continue the Presi- lent from term to term. For if one was a good Executive ron should he not in the same spirit be retained in office? Now, so far as Iknow, and my opportunities for judging have been 99 g00d as bean og tes Ishould say that opinion was erroneous and in no way reflects the views of the President, CORRESPONDENT—But you know this is still one of the arguments advanced to prove that the re- pecan party is dritting into perpetual power, for if you deprive the politician of the gift of office, under a strict enforcement of hong rules, all those in tle? oer be in favor of the administration continuing indefinitely, while those out of office will be deprived of the incentive to support a new candidate. ah hier: 1 pesae have thou; te If any Great questions should come up, forming g new olitioal issue, an 1 epabins part Aad lose its hold on the affections of the people, 1 DQ NOT BELIEVE THE SPOILS OF OFFICE WOULD WAVE THE SLIGHTEST WEIGHT, and Tam almost copyincyd that, should the demo- cratic party be successful at the next Presidential election, that the good results of civil service re- Jorm would be so apparent that it would not be dis- turbed. I cannot see what there 1s to fear from having competent men administer the affairs of State; and as to political issues, they are ignored so Jar in all appointments to office not requiring confirmation by the Senate; and I trust, before the expiration of President Grant's term, selections will be made for the higher offices without regard to political sentiment. 'ORRESPONDENT—But has not that a tendency to Weaken interest in national matters, and rather make Grant's successor depend upon his magna- ais in not allowing his name to be used a third me: Mr. ELLIOTT—I have failed to aiscern anything in civil service reform antagonistic. to the weliare of republican dngtinurionsy At fie people want Presi- dent Grant a third ter cannot see anything threatening to our libertiesin the people exercis- ey at choice in 1876, any more than in 1863 o¢ DO NOT ASSOCIATE CIVIL SERVICE REFORM WITH CAESARISH, if you please, and give it atrial before you con- demn it, The portly statistician excused himself, and was, ten minuted aiter, immersed in an oficial document of an unknown quantity. Interview with Ex-Senator Foote. WASHINGTON, August 26, 1873. Among the residents of Washington who have been prominent in political life in days past is ex. Senator Henry 8S. Foote, of Mississippi, who is ad- vanced in age, but retains the fullest recollection of his experience when a member of the Senate. His hostility, too, to Jefferson Davis suggested an interview with the ex-Senator to get his views on Cwesarism and the tendency of the republican party to perpetuate its power. Mr. Foote said he would cheerfully express his opinion; and although he took an opposite view to that presented in the HERALD editorials he did not question the pro- priety of presenting the subject to the considera- tion of the people. It was always well to remind the masses on what our government must depend for its stability. CoRRESPONDENT—What do you think of the agita- tion of the subject of Cesarism ? Mr. Foote—There is in my opinion NOT THE LEAST ANALOGY between the condition of the Roman people in tho days of the First or Second Cesar and that of the people of the United States at the present moment, and no inferences drawn from this remote source can be made at all available tor the elucidation of the probable future of our own country, The Roman populace, tn point of fact, were embraced, even in the days of Rome’s greatest freedom and prosperity, in the Roman plebs, Rome never was a democracy; it never attempted to make itself a representative democracy or republic, It was never more nor Jess than a selfish and tyrannical aristocracy, beneath whose tre the great mass of the Roman populace groaned in continual servi- tude, CORRESPONDENT—But may we not be drifting ich will border on into a state of affairs wl despotism ? Mr. Foorr—Not, in my opinion, while President Grant lives. Lam contident that if he hada thou- sand lives he would freely risk them all in defence of our republican institutions, Iam quite as con- fident, too, that no American patriot now bu has more respect for the example and character u Washington than has this eminent personage. As to ee for the Presidency a third time, Iam well satisiled that he has neither said nor done aught to justify a suspicion that he has the least wish to be elected to the Presidency for an addi- tonal term, THIS CRY OF CAESARISM IS NOT NOW RAISED FOR THE FIRST TIME, The cars of Washington wore assailed with the Same sounds, and so were those of Andrew Jackson also. But the enemies of the principles of progress and the foes of reconstruction should bear in mind that there is no clause of the constitution for- ith any President running and being elected tor a third term; that the important jact that the iramers of the constitution inserted in that instru Ment no prohibitory clause as to this matter is- pretty conclusive proof that they were of opinion that it was atleast possible that an exigency — thereafter arise in which it would become needful that a President already twice elected should allow his name to be used a third time in order to defeat the advancement to power of some man of dan- gerous purposes and principles; that even THE RXAMPLE OF WASHINGTON os can be hardly regarded as more sacred than the constitution itself, No man who properly ¢s- timates his character can at all doubt that he would himself have allowed his name to be used as & Presidential candidate for a third term had he supposed that the submitting to such @ patriotic 08 OF + some wily demagogu with. ne sjacobintcal faction then France, and which he ha seen pg Bs. represented in the person of thi Genet Gonnssroxbar—Do you think, then, ts if A at the present time snalogous to the condition o affairs during Washington's second term ? ‘Mr, Foota—If the enemies of reconstruction and avoid awakening suspicions in the lic that they have yet on foot a secret ailinnce with the leaders of secession; let them keep Mr, Davia at home for s year or two, 80 that he may no r play the ridiculous part of a modern Goliath of as he is now doing. Do you suppose the people the North will be content to RISK THE PRESIDENCY in the hands of anybody but the conqueror of the rebellion while an effort is put forth in the South hs meey treason alive and foster the spirit of seces- sion CORRESPONDENT—You do not believe, then, in the: utterances of Mr, Davis? FOOTE ON DAVIS. Mr. Foote—Who does? Whenever this man speaks he invariably regales all bis political allies. by his frenzy and sulphurous eloquence. His voice hag become irksome to the ears of Tennesseans either east or west of the Cumberland range. So, the persecator of Stonewall Jackson and Joe Johnson has to split the ears of the groundlings among the sonorous hills and Valleys of Western Virginia, How majestically did he fulminate amid the torrid fumes of whiskey, rising thick and foxglly from scorched and blis- tered stomachs, and the curling and ominous oat os SOpaae smoke ss aEaIng cheery hia r and corn. low mur’ mourn over the maine ate of a cause which he lf murdered in-cold blood! How chivairous! aD reameers the principles oe which hé sneer fight an yatio reserv! TsO} “ ne earful it of battle! Own sacred person from How thunderously did he denounce the generals and ty hed of this great Republic for all the tn- tice they have done him and his, forgetful all- while he is himself a perpetual monument of be! their mer. a their magnanimity! How kindly ald ie warn us that with bim ~ the fe not yet over and that the great struggle is to be once more re< sumed at some future day for the vindication of the imperishable glories which cluster around the name of jsecession and Jef Davis! How meilif- luously he chanted the praises of the Southern ladies, not one of whom, he asserts, has ever been reconstructed, at least consente: structed! Well, really, if this foolish game is to be eternally played by the opponents of the repub- lican party, and Jeff Davis is to be brought forward perpetually to stir up treason, I do not wonder the enemies of the Republic are afraid Grant may serve 8 third term, The Governor was not disposed to admit that the American people would ever surrender their dearly bought liberty; and if the prowess of. Grant at the head of the government would keep aown the hydra-headed monster of treason he wags more and more convinced ofthe wisdom of the framers of the constitution, who built not for their day, but for gonerations unborn. PRESS OPINIONS. (From the Courrier des Etats-Unis, August 26.) It is never easy to know exactly what the great think, and in America nos any more than in France; it is even often very dificult to know whether they think anything at all, This question bas often been asked concerning General Grant, and a conversation which the HERALD puts in the mouth of the President isnot calculated to dispel donbts. We mean the famous question of Ossar- ism, which has gone the roands of the American press and even the French press, in which latter it has been so little understood, or at least 80 badly presented. It'seems that Cmsarism is also the topic in the White House, and that the habit tués of that place do not hesitate to talk about it with the master, were it only for the cet of familiarizing him with the idea, ell, then Cwsarism inthe present embryo form. is, as all know, the eventual election or General Grant for a third term. The following are the expressions which the HERALD put the mouth of the President. {Here follows @ translation of the interview from the HERALD.) 1t is impossible to see anything clse in this conversation than a sort of political evasion, juet- ting, which neither says yes nor no; like tbe coyness of the nymph tha! salices, sed cuptt ante vidert, In short, Mr. Grant appears to us to play the part which a journalist lately attributed to the Duke d’Aumale—viz., “to do sweet violence to his feelings.”’ In fact, after med Conversation sat be gait ego it CAL ii ag zing to find gut wl @ phinks of ird term. fl Saaduane ts a aed bs was We of M. de Broglie at Evreux, and that is what ma; be prop- erly called talking without saying anything. . Tae ee (From the Nowberry (@. ©.) Hierald, August 20.) Heretofore we have said nothing on this subject, on which all our exchanges have much to say. We have abstained for the simple and sufficient reason that the subject has but little interest for us. If General Grant is as good a President as can be haa, why object to his having the office for a third term or a fourth term, or even fifth term if the people so desire and the office is given to him in a lawful manner? And besides, why should the people of South Carolina (at least the white portion of them) and of other Southern States make a fuss about a matter over which they, some years since, lost all control? And bcsides, again, it seem to us that Cxsarism itself, if by Casarism is meant, empire, would be the greatest of blessings and boonsg to South Oarolina, and @ heaven-sent reliet froma va aoe We eticala From aa ing which is intolerable, because It is borne, but which is daily and years going from bad to worse, Wo have often thought, since the revolution, that it would be well for the last vestige of the different, State governmunts to be utterly swept away, and Jet the Republic be gne and indivisible, with but the one legislature, oné set of laws ‘and one judi- cature from Maine to California, Why not? What we contended for, and for what so mahy noble lived were lost, the sovereignty of the State: is lost forever. The States were corquere by the central power, and they, which’ in the peeinaing. were the sources of ail power and authority, have become the mere crea- tures of the government at Washington. Seces- ston now would be rebellion, whatever it may have been in 1860, Why, then, ralse an outcry about Orsarism when, long ago, 80 far as the first princi- les of the governinent are concerned, all was lost? the revolution was completed when Lee’s sword Was surrendered at Appomattox; the last fatal blow was then struck at the Union; it no longer exista; rubbish only remains; let it be swept away. The Republic may endure for generations, tor ages—we are no Baler some form, but -ccrtainly the United States are no longer here, The last page of that history has been written; the record i complete, [From the Boston Advertiser, August 22,] The New YORK HERALD has supplied the press of tne country with a summer topic this year by starting the fiction that there isa scheme on foot to secure to the President a third term in office. The thing was absurd enough on tts face, but in the lack of other matters to write about some journals paid the sensation the compliment of se- riously considering it, The lead has been well worked. Editors, correspondents and a diligent corps of interviewers have, under instructions, kept the subject before the public, developing the first conception into the more startling and con- venient expression ‘“Cresarism,’’ twisting every phenomenon of politics into quasi rela. tion with the original bugbear. For a joke it has worn remarkably well. Perhaps wo do the HeRaLD too much honor in giving that journal credit for first discovery. Certain organs of the late lamented liberal reform party, when they were iu desperate strait last year to consolidate the anything-to-beat-Grant sentiment in the country, summoned this hallucination of Crsarism into being. They Le ote the business, however, in comparison With the clever manage- ment of the HERALD, and deserve to lose whatever rights they had in the premises. * * * That Washington might, nad he been 80 disposed, have retained the supreme magistracy for another term there is no doubt; but, with a sagacity never to be too much praised, he discerned the true conditions of the prosperity of the exporiment of government inaugurated here, and retired while it was still possible for him to be eminently useful. It would hot be prudent tor any successor to attempt to destroy the prestige of ab example as illustrious as it is wise. {From the Passons (Kansas) Sun, August-16.] The election of General Grant the third time would be & long distance from the purple and the crown. It would not be imperialism or anything ofthe sort. This talk about Osarism is no Orsar- 1am ; it is @ very sorry, sickly and shamgrepresenta- tion of bastard Osarism. When republicantsm was weak, the nation in its infancy, Omsurism found no countenance and support. Now that the nation is strong and the theory of popular govern- ment has been fully tested, tried and vindicated, while imperiaiism in the Old World ts rocked ta the centre and crumbling to pieces, there can be but littie danger of its finding trength and i ore here, It 1s aiso @ monstrous perversion of lan- guage to call General Grant’s third term, even if it were possible or advisable, Osariam, or oven & tendency in that direction, The people will settle the question of the next Presidency, aa they have on previous occasions, in their own way and time, There ig nothing in the constitution or the laws to event the people from electing General Grané ie third time, if they wish to do so, There 1s only the custom set b, ashington. He declined to stand as @ candidate for the third Rant owing to his infirmities, He said nothing about the pro- rieties in the case. He never intimated that the Eberties of the Vag nad would be Cpe ithe or any other man should be elected the third time. Of course he did not @ ar intimate any constls tutional or legal otyection to auch action on thé part of the people.