The New York Herald Newspaper, August 29, 1873, Page 4

years sat on the bench in New York is CHIMP JUSTICE CHARLES P. DALY. A gentleman of rare discrimination, an excellent Judge of men and measures and one removed from personal or political ambition of any sort, expressed POLITICS AT THE RETREATS. | and private life and asa judge who has for thirty ‘What 2 Herald Correspondent Heard During a wo Weeks’ Trip Through Long Island and Connecticut. himself to me in language so clear that I quote, as ag near as Ican remember, what he said :— “Why does not the President appoint Chiet Justice Daly Chief Justice of the United States tf The office seems to go begging, yet here ts the foremost jurist in the country. You know some- OSARISM AND THE HERALD | thing of New York city politics, how Judge Daly has been elected and re-elected during a term ot The Chiet Justiceship of the United States. Conkling, Morton, Charles P. Daly, Howe, Hoar and Holt. ; CHIEF JUSTICE DALY'S CANDIDATURE. What Distinguished Gentleman Says of His Qualifications for the Tilustrious Office. Down with Monopolies !— Up with the People! WEsrrokr, Conn., August 25, 1873, If the readers of the HERALD are not tired of reading about the aelights and drawbacks of sum- mer retreats I must confess to considerable fatigue in writing about them. After an easy-going jour- ney through Long Island, thence across the Sound and along the Connecticut shore, I have retired to e@ pleasant farm to spend the few remaining days of my 1873 vacation and to ponder on what nage seen and heard. I propose, therefore, to sketch briefly the political tone of those portions of the country I have visited rather than to dwell on the picturesque scenery and impediments to travel, In the country more than in the city men are wont to give an airing to their political convictions and discuss in rational language the great public questions of the hour. Let it be on the balcony of a hotel at Oyster Bay, with agood cigar and a glass of milk punch, or during the few moments of life that may be vouch- safed to the traveller on the Long Island Railway, or tn watching the rolling surf of the Atlantic Ocean as it washes the southern shore 0! Suffolk county, on board a steamboat, or in riding over the undulating country of Fairfield county in this State, the sober, serious thought of the country appears, if you will lend your ears and be silent that you may hear. Each town or situation develops SOME NEW QUESTION, and suggests to your compagnon de voyage the @rgument and discussion which ultimately form that overpowering force known as “public opinion.” I have often thought that the writer, sitting quietly at his newspaper desk in New York Gictating imperious sentences on prevailing topics, Oinds, after a brief stay in the country, that he is ot so much of a pen and ink despot after all. True enough, he often initiates, but he does not always accomplish the task of convincing those to whom he addresses his commentaries. Americans. decide for themselves, and it is better that they should. Let me, therefore, relate some of the salient specches of men distinguished and other- wise—refiections, too, which leaven the thought of the country and, I may eay, in one form or another, control its destinies. At Oyster Bay I found AN OLD TIMB POLITICIAN, who was shrewd in his observations concerning | men and topics, and we discussed “Cxsarism.” Ho did not believe that the country was tn any im- mediate danger from Executive ambition or en- croachments. In fact, this is about the feeling everywhere I have been. It is conceded on all sides that the discussion originated by the HERALD has been timely, and that the articles have been written with matchless ability, fairness and discre- tion. The older politicians, I may sgy the con- servative statesmen, were a little astonished when the HERALD first began to publish editorials on this topic. Some said ft was an advertis- tng dodge, a clever piece of mosaic work to fill up the journalistic vacuum during the summer months. Bitter opponents of the aa- ministration were delighted, and the immediate personal and political friends of President Grant were anneyed, but afterwards pleased, when wire- pullers like Cameron and audacious trickste.s like | Butler declared that Grant should be President as long as the people pleased to elect him. But the average, sober sense of the thinking man in the country is this, that Grant is toe patriotic to at- | tempt to assume powers not guaranteed by the constitution; and that he is too fond of repose and too loyal to the political traditions of the Union to permit himself to be nominated for a third term, The old politician to whom 1 have reterred thought that the effect of the Hera.p’s articles had been to arouse the constitutional mind of the country to THE NECESSITY of inserting in the constitution itself a clause de- Oning the limit of time which should govern the occupancy of the Presidential office during the administration of any future Presidents. It isex- | pected that this movement will take shape early in | the coming session of Congress, and that it will originate with President Grant's personal and Political friends. Among the topics which Ihave heard discussed | with great soberness is the question, “Who is to | be the next Chie! Justice of the United States? | and it is iu the discussion of this important gues- tion that I detect the real value oi randem expres- sions of opinions among men who are not oniy | readers but thinkers. PARTY LINES HAVE DISAPPEARED I may say entirely, for when you come to ask a pMlicist, or even the well-to-do, earnest farmer, What he thinks uvout this matter, his first answer is, “President Grant should not appoint a politician to that ofice.’ Ihave heard the claims and quall- fications of all the distinguished gentlemen named as candidates for THE CHIEF JUSTICESHIP pretty thoroughly canvassed, and the result is so different trom what I find in the New York papers that I will briefly state it, and the reader should remember that I give the ‘celings of men as evolved from their heart of hearts, and not the political | preferences of those still irredeemably attached to | party passions of the past. Senator Roscoe Conk- ling, the average thinker says, is too young and | too impetuous to sit on the bench in the grave | chair of the Chie/ Justice. He is conceded to be a bold, skilful statesman, rather of the Dix order, gbove the cant of Butler and far removed from the political profanities of Cameron. His triends look | with no approving smiie at his elevation to tne | Ohief Justiceship. They say he belongs where he ts; that be gives tone and polish to our rude polit- | feal life, and that he is not fitted by experience to | madertake the careful and deliberate duties of the | tudge. Ido not think, therefore, tnat the appoint- | ment of Senator Conkling would be a wise one, mor | would it be received with satisfaction by the coun- | try. The name of WILLIAM M. EVARTS Ihave seldom heard talked about, It is generally believed that bis private fortune is not large enough to justify him ip accepting the office, as he would be required to abandon a large and lucrative Practice. A lawyer of fine talents told me that Mr. Evarts had nota mind endirely judicial, That be has @ fair one nobody dares to doubt; but the training so necessary on the bench he has had no Opportunity to acquire. I think his nomination, While {t would be popular, would not realize the expectations of the bench, bar and public. The names of Senators Howe, Edmunds and Morton and of Judges Hoar and Holt I have seldom heard commended, because each and all represent Peculiar phases of our political life, from which no man should graduate to the Supr. Court of the thirty years, and yet, amidst all the corruptions of the Bench, has never suffered the slightest stain on his character. This is something, my friend, for a public man to say; for I have been ene myself and I know whereof I speak. His mind, too, bas been careiully trained, and it is pre-eminently the clearest one on the American Bench. In all the processes of thought Judge Daly is eminently careful and painstaking; but what every judge should be, decided when he has made up his mind, He is dignified in his demeanor, and perhaps you have met him soctally—one of the most urbane and genial of men. At home or on the bench he is @l- ways courteous, There is grand stuff in the Judge for a Chief Justice, can assure you. He is noth- ing of a partisan, and, as you know, last fail he re- ceived the nomination from all political parties and was elected Chief Justice of the Common Pleas without a single opposition vote, Besides ‘all this, the Judge is a man o/ liberal culture, In point of fact he is about the only geographer in the country of any eminence, and he 18 also @ patron of all the liberal arts, and entertains the distinguished ioreigners who come to our shores, The Judge has had many advantages, you will understand, not en- joyed by other public men. He moved in tne genial circles of Washington Irving, Hawthorne, Ogden Hoffman, and the refining literary and political society of the century, and borrowed its soft man. ners and winning ways. When the war broke out he wasa stanch Unionist, and was one of the first to recognize in Grant the general of the war. “Do you know,” went on my friend, “that I think what Grant is in war Judge Daly is in judicature—that is, straight to the purpose, conservative, honest as the day is long, and without any political or sectarlan affiliations to warp his jud.ment and confuse his understanding? I am con- vinced, thoroughly convinced, that he is the man the people want, the man the Bench would approve of without a dissenting voice and the idol of the Bar. Ido not think you would find a single journal in the conntry, not even the New York Times, but what would advocate his nomination if it thought of him. You see parties have almost ceased to exist. I ama republican, but my vote of approval snall never be given to a tainted man of my party. In fact, I believe the whole political structure is about to be recon- structed. As it is now Judge Daly isas much a republican asa democrat, so that the President could just as well appoint him as Conkling, if he saw fit. The Judge, too, has a consider- able fortune, and in every way would adorn the office. 1 venture to say if T were togo to New York to-morrow and ask such men as Stewart: Astor, Tom Murphy, General Dix, Mayor Have- meyer, Mr. Lawrence, William E. Dodge, George Jones, the Roosevelts, Hamilton Fish or any men of their stamp that they would readily sign a petition asking the President to make Judge Daly Chief Justice of the United States.” I have asked many gentlemen how they think the appointment of Cluef Justice Daly would be re- ceived by the country and the opinion seems to be unanimous that he is the best man for the place. RAILWAY MONOPOLIES receive severe castigation at the hands of the tour- ist and resident alike. Both on Long Island and in Connecticut I have found a vigorous public sen- timent in opposition to their grasping, oppressive management, and there 1s every disposition on the part of the people to welcome a full discussion of their merits and demerits in a paper like the Herap, The truth is that ‘i THE CRY is, “Down with monopolies! Up withthe people!” QUESTIONS OF CAPITAL AND LABOR in new phases are also cropping out, and there seems to be a feeling that some new movement is necessary to prevent strikes from coniusing trade and demoraiizing workingmen. You need not be surprised to learn at any time that an elaborate programme will be sprung on the country, defining what has never been defined before, the boundary line separating capital and labor, asserting where the inroads of capital should cease and beyond which the worthless aggressions ol labor should not go. BEN BUTLER and his Massachusetts campaign bring out a tem- pest of criticism too distasteful for lengthy con- sideration. The people and political magnates consider the whole business as a disgrace to Massa- chusetts—a piece of scurrility new even to New England politics. I will simply add that if Butler be successful they will admire his audacity herer but that is all. WATERING PLACE NOTES. pabhinge the SRP RDS The Clifton House, on the Canada side of Niagara Fals, is kept by an American. ‘fhe colored waiters at Congress Hall, Cape May, had a ball on Saturday night last. A large party from Savannah, Ga., are stopping at the Columbian Hotel, Saratoga Springs. Mayor Lewis, of New Haven, Conn., has left Sara toga Springs and returned to his official duties, Ex-Governor William Claflin, of Newton, Mass., has a fine cottage on Circuit avenue, Vak Blufs, Martha's Vineyard. deff Davis attended the grand fancy dress ball which was given at the Greenbrier White Sulphur Springs, West Virginia, last night. Mayor Powell, of Brooklyn, proposes, befere the season closes, to visit Lake George and take a hand at pickerei fishing. Mrs. W. H. Vanderbilt and her daughters, of this city, arrived and took rooms at Congress Hall, Saratoga, on Saturday last. Vice President Wiison went to Oak Bluffs, Mar- tha’s Vineyard, on Saturday last, ana was a guest of ex-Governor Clafin, of Massachusetts, The wife of United States Senator Matthew W. Ransom, of North Carolina, is at the Woite Sulphur Springs, in Catawba county, N.C. She is an invalid, As the season was two weeks late this summer hotel proprietors at the watering places should strain every nerve to eke it out until the Ist of Oc- tober. It requires five locomotives to take a train ef passenger cars up the Summit Kailroad, White Mountains, A less number serves on the return trip. The first movement passengers to the Summit ing from the stage ts for the stoves, in which fires | are constantly kept. There are White Sulphur Springs in Greenbrier county, West Virginia; Mentgomery county, Old Virginia, aud in Catawba county, North Carolina, ail favorite places of summer resort. The only buildings on Mount Washington are the Summit House, the oid Tip Top House, the stable and the signal station of the United States Weather Corps, They are ali securely anchored. There is as yet very littie falling off in the num- the parlors and bedrooms and pigeonhoies that are made vacant at the various hotels are quickly filled up. According to the papers in the respective localt- ties, Newport and Cape May are to be ruined as watering places by bohemian letter writers. Let | them understand the dead-iead system is abol- | ished and these lazzaroni Will seek other localities to ruin. Rey. Dr. Buddington, of Brooklyn; Rev. Dr. Prime, editor: of the New York Observer; F. E. Woodbridge, ex-Governor of Vermont; Colonel , New York, are among the latest arrivals at Sara- toga. General Hancock, General McDowell and General Cadwalladar, all beionging to the United States Army, together with Admiral David D. Porter, United States, The jurist spoken of with the most Bevereuce and reanect as ® man pure in his public United States Navy, are stili satisiod with the charms of Newvort nent citizen, November 26, 1816, in relation to the re-election of Madison for a third term, declares that he does not approve the reasons given by the first three Presidents for dectining to serve for & third term, and says t he should have no scruples about it, and e: Af blames Madison tor declining a re-election to a third term of office. It is singular that in all the discussion growing A THIRD TERM CHAMPION. The Re-election of President Grant House, on Mount Washington, make aiter alight- | ber of visitors that daily arrive at Saratoga, and |" G, McCawley, United States Marine Corps, and | Miguel Salzer, Consul of the States of Colombia at | from an Official Standpoint. Belittling the Patriotism of Washington. (From the Washington Republican—semi-ofictal administration organ—August 26.) The New York HERALD and the lesser lights of he press have for some time past endeavored to create a sensation of direst dread to the public mind upon the subject of the re-election of General Grant to a third term of the office of President of the United States. The very proposition of a third term of office has been treated as if it were some new and strange thing, and involving principles secretly subversive of the rights and liberties of the people, and most treasonable and dangerous to the constitution of our country. General Grant, it is intimated, is tn secret league with certain proml- nent officials and leaders of public thought Jor the purpose of perpetuating his power and those of his friends and co-operators by retaining such official control of the various departments of the government as will enable them to carry out a grand scheme of aggrandizement in enriching themselves at the expense of the public. * * * “Cesarism” is the new coinage, which designates the tremendous results which, in the counsels of these prophets of the press, are to follow General | Grant‘s third term in the presidential office. * * * De the maligners who charge upon General Grant and his friends Cesarism know what the word means? or knowing, mean that the public shall understand it ? It is a word coined of the tyraanies and oppres- sions of the Old World. It is synonymous with ab- solutism and despotism and treachery. It is im- perialism—the expression ef the divine right of rulers to enslave peoples, to monopolize all the great and profitable interests of a country, to over- turn constitutions, set aside laws and prostitute to the interest of a single head the liberties, rights and immunities 01 a nation; to make one man’s will the absolute law for millions who are as free to enjoy ilfe, liberty and the pursuit of happi- ness as are the untettered denizens of the forest or the uncaged fowls of the air. {Here the writer sketches the course of Julius Cwsar and the first and third Napoleons.) And it is against such examples and such Issues as these that we are now warned if General Grant aspires to a third term of the Presidency. ‘he wise men of Gotham, who are endeavoring to create a sensation for the American pubitc out of such débris, canno; surely hope to persuade the public that there is any analogy whatever between the circumstances of the past and present, justi- fying @ parallel between the Caesar! of the one and any possible exigencies of the other. General Grant has neither the disposition nor the power, under any possible aspect of the case, to imitate any of the absolutists and despots of ancient or modern times, Neither time nor circumstance nor peoples admit ofa parallel. The Romans were never @ free people, having neither a representative nor constitutional government. If the popular voice did sometimes assert itself in the elevation of some great leader to the sceptre the patrician and mill- tary porer soon brought about reaction against popular rule, Popular sovereignty was never Known in Rome as a power or principle of the gov- ernment, and hence no ruler ever feared it or de- ferred to it, The evils of the Roman State were never corrected by the moral power of the repre- sentative right, but by the violence of popular iury sometimes, So with France. The French people have never known or valued freedom. The most cruel despot- ism France has ever known has been the Cxsarism of the Republicand Commune. Her people have never been sovereigns of the soll. Liberty of life and pursuit has never been @ Leritage of right to a French peasant and artisan. Hence there has never been any moral power in the voice of the people. Revolution has never been accomplished there by the exercise of a popular vote ireely ex- pressed, but by the violence of the barricade and the ferocity of the Commune. There is there ne consutution, no law for the peo- ie,no moral potency of popular will and voice olding aspiring rulers m check and correcting abuses by the supreme arbitration of popular sentiment, Old Rome and new Prance loved Cwsarism; preferred it, and the latter will yet | have it. On the contrary, the American people are free born. The love of liberty is innate; freedom of thought aud action are a heritage. Never having been saves to arbitrary power, they can never be- come a prey to the arts of a demagogue or the wiles of a despot, The whole power 01 @ govern- ment—the purse and the sword—can never make war against the absolute right and power of the sovereign will of the people. In this country the power of the State is abso- lutely im the moral will of the people—thetr in- telligence; that 18, their periect understanding of their innate rights; their love of personal liberty, their sense of the superior power and force of the popular wiil. No arts or wiles could long blind them to these immunities; no treason could hold them trom them; no despotism could force them away. It is & positive absurdity to attempt avy serious discus- sion of dangers to this country trom what these alarmists call Cesarism. If General Grant were elected to the Presidency for twenty-five years, or more, with all the power and patronage of the government at his command, he could never main- tain, for a brie time even, & policy oppressive and despotic. And, more than this, there is even in the spirit and temper of the person Who aspires to or covets despotic rule some trait or characteristic det despite all efforts at conceaiment, all artifice, show itself and give intimation of the secret pur- pose and action in the iuture. ‘The demagogue is easily marked. The temper of the usurper is not concealed under the blandishments of art pander- ing to popular favor, especially if opportunity favors the littieness of the one and the vaulting ambition of the other. Who besides General Wash- ington, the Father of his Country, has had greater opportunity to wield the absolute power of a Cwesar or Napoleon than General Grant? In the history of the world time and circum- stance have rarely favored any popular leader as General Grant has been favored. if Washington can be called the Father of his Country surely the President may be called her regenerator, Assuming the oommand oi the entire armed forces of the country in @ time Of disaster and de- jJeat, when the whole nation seemed demoralized and disheartened, at his will he could have claimed and exercised dictatorial power over every branch of the government and with the cheerful consent und support of the whoie nation. But nis modest; Was equal to bis Valor, and as the plain soldier an servant of the peopie he exercised his trust with justice and moderation, setting the highest exam- ple of subordination to the civil aucnority, and using his imperial power only to crush and over+ whelm the enemies of the government, What, however, might he not have claimed ? What power too great for his vaulting ambition might he not have wielded over the wills and hearts of a grateiul people, ready even to put the sceptre of absolute rule in hands which had so grandly wielded the sword in their deieuce? And yet, with the appiause of millions ringing in his ears and the nation in gratitude at his feet, no word has ever escaped his lips inconsistent with the plain obligations of the simple soldier. No act of his victorious career indicated other purpose than that obligation of the humbest citizen, the duty of serving the people Whose armies he had led to victory. Cweearism, indeed! Phere has never been in all history @ more unobstrusive hero than General Grant—a more modest, pauent and just ruler. But this dire political calamity is to befall the Nation only on the contingency of a third term in the Presidential office; and yet this is not the first time tn the history of the country that the propost- tion to re-elect the occupant of the White Houde to 4 third term bas been made, and our fathers “anti- cipated no such dread results as Ce#sarism from such @ i me Let us see what the history of the Presidential ofice teaches on tue subject. Washington served two terms in the office of President, and when he deciared his intention to retire from public life at the close of his second term there Was @ general outcry of the whole nation against his purpose. The Legislatures of several 01 the States of the Union, public bodies of ail kinds, private individuals, sent address upon ad- dress to him, imploring him to retract his pur and continue to serve the country in that of_ice, urging as one strong reason, with others, why he should serve as President for the third time, the continuance of European wars and strifes, and the fear lest in our then enfeebled condition the despots of the Old World should, in their quarrels, involve the in- fant Kepubiic, and to no one with 80 great confidence in such ai rgemcy as to him whose genius as soldier and statesman bad | given birth and being to the natipn. Both houses of Congress formally expressed re- gret at his retiring and begged his rewaction of his purpose. itis @remarkable fact that in the discussion of this matter in Congress only one objector raised bis voice against the wishes of the nation, and he @ member o/ Congress from Virginia, a Mr. Giles, aad @ democrat, Thomas Jefferson served the country for two terms in the office of President, and on declaring his purpose to retire from pubiic life at the close of the second term the Legislatures of Massachusetts, Vermont, Knode Isiand, New York, Peansylvi New Jersey and North rolina (1808) all resolutions urging his continuance in the office for a third term, and the whole country joined im the sentiment of regret at his determination to re tire from public ive and urged his continuance 0 the omice. Madison and Monroe both served for two terms as President, and both were offered re-election for bet @ third tery . Adams, in writ mM eos 0 reine 8 ae ee out of these several proposals to continue the occupancy of the Presidential office ior a third term not ® word should have been said about the danger of Cxsarism, absolutism or imperialism. Even the irre) ble Giles, of Virginia, in op- posing Washington’s election to a third term of olfice, did not object upo~the principle of Cesarism, but because of his personal dislike to Washington’s administration, The novelty and strangeness of the proposition cannot, therefore, be urged inst the re-election of General Grant. Ifthe should be again calied by the voice of the people to that high dignity it would be but the following of well established precedent in the history of the country. It may, however, be urged in explanation of such precedent, a8 established in the case of Washington, Jefferson and Madison, that the extraordinary services rendered to the coun- try by the first distinguished occupants of that omice were good and suificient reason ‘or 80 extra- ordinary @ mark of public favor, and that the exi- gencies of the times justified such a departure from the policy oi republican justitutions. An ar- gument similar to the last has been made by the objectors to General Grant's re-election; and its force is admitted, ag is also the explanation that extraordinary services and press! exigencies justify extraordinary departures from settled policy and unusual concessions of public favor. But tt has been shown that the proposal to re- elect General Grant to a third term 01 office is in exact concordance with public practice as hereto- fore exhibited in this country. And in go far as practice determines the policy of republics, it is notorious in the history of all republics that it has not been judged incompatible with constitutional Uberty snd law to confer upon favorite soldiers and statesmen the most extraordinary powers and rewards for services rondered to the nation. The writer goes on to show how triumphantly ‘and faithfully General Grant led the Union armies, and praises his administration of the government. He then defines statesmanship as the essence of the qualities possessed by the President. A mere statesman or politician would never have met the emergency. Political theories of government, founded upon prevalent notions and precedents of peaceful and prosperous times, could never have turnished a sale ppenna of ac- tion in determining necessary duty in so great an emergency. Promptness and decision were needed; decision founded not upon the obligation of prescription, but contingency; the contingency of public wellbeing. eneral Grant's training as a soldier fitted him eminently for the crisis. Sagacity to see both the emergency and the remedy and will to act reso- lutely. His sagacity, his reticence, his seif-repose, were equal to the crisis, and hus entire administra- tion to this period has been a constant accumula- tion of evidence to his constant skill and ability in guiding and ruling the State. Where is the evidence in all his administration of any tendency of any measure recommended by him to Cwsarism or despotism or absolutism? ‘The rights of individuals were never, in the whole history of the government, so well assured and so freely exercised, It has been thought by many that the President is too liberal; too democratic in his ideas and practices. No President of the Republic bas ever been so unpretending, So accessible, 80 absolutely demo- cratic in his habits and manners as Generali Grant, and his absolute deference to the co-ordinate branches of the government has, in the opinion of many of his friends, detracted from the force and utility of the Executive administration, Every measure recommended by him in his State papers has been in the interest of his country—en- larging the aphere ot the people, restricting the sphere or the federal principle. That measure which, of all others, has called forth the severest criticism—the annexation of St. Domingo—ts, of all things, the most unlike impe- rialism or Ussarism; for every addition of terri- tory to the national domain only enlarges the sphere of the democracy and increases the tmpe- r Pb 4 of the people. In fact, there is not one single measure of public policy recommended by General Grant which, in its application, would not have the tendency to produce the very opposite of the centralizing and monopolizing policy which is charged to his ambitious and dangerous aspirations by the enemies of hia administration. LE Ae There being no real vital principle unrecognized and unutilized by the administration party, these disaffectants were sorely put out to find a common basis of action and bond of union in their frantic attempts to overthrow General Grant. It was necessary, therefore, either to get up some new thing or mask, some old thing or Dame, as a rally- ing point for a new departure in the coming cam- pag t the republican party, and it was lone! mocracy, that old Proteus, which has masked and unmasked itself so oiten in the his- tory of the ceuntry, was the ready instrument for the new deal. ‘There is a most wonderful aptitude in the demo- cratic party for emergencies. * * * * * 4 # ‘The cry about Cwesarism 18 nothing more or less democratic ty under the dry-nursing of the New York HERALD. If the public grow alarmed at this nursery story of Cesarism—centralization ol the government— what is the natural remedy? Why, democracy, sovereignty of the States—popular sovereignty, of course. And who bas ever led the van in this bat- tie for popular rights and liberties—this contest of the people a8 against the encroachments of the national government?’ Who but the so-called democracy ? and who so capable of leading the people again to victory in the contest against Cwesarism as this virtuous democracy? * bd bd The ‘“cloven foot’ sticks out too plainly. The public will recognize the old marks, notwithstand- ing the new name and dress. 1f General Grant de- sires the Presidency for a third term, he can have it, for the people have learned to trust the hand that has guided tne ship of state safely through so many perils, and they will keep him at the helm as long as the exigencies 0: the State may need him, and bis willingness to serve the country may make him available. Let General Grant, then, be again put before the people for re-election. The people will confirm the choice of the nation’s councillors, following both Dational precedent and nacional liberty of wil, CuTcHOGUE, August 20, 1873, The 18th inst. was the commencement of a church fair, which created considerable enthusiasm in the village of Cutchogue. It was held in the house and upon the lot which has lately been used asa temporary Cathoiic church, and its purpose was to provide fands in aid of the establishment of a more suitable edifice. The Rev. Father McKenna om- ciated as chargé d’atfaires, and was ably assisted by a number of members of the Masonic fraternity, and even some of the most prominent Protestants. Miss Mamie O’Brien, a golden-hatred beauty, and Miss Mary Thompson, a brunette of exquisite loveliness, succeeded in winning and wheediin; doliars for trasny trinkets from the: pockets oi their faithful admirers, and the Misses Conway, Bessie Carroll and Kate Nicott, all of whom also omiciated at the stalls, were no less successful in their endeavors to further the good cause. Many very valuable prizes were donated to the fair— one, a tine painting of the “Sepulchre of our Sav- four,” presented by Mr. Hazard, being in particu- lar much admired. Toward the close of the fair there was a series of raffles—trinkets and articles of small vaiue being “put up” at high Ogures. The receipts of the fair amounted to about $1,000, and the undertaking may be generally considered a complete success. THE PACIFIC MAIL LEASE OP LIFE. Six Ocean Steamships Pledged by Bill of Sale for a Loan of $500,000. ‘The directors of the Pacific Mail Steamsnip Com- pany met yesterday and voted to accept a loan of $500,000 from the Panama Railroad Company, pledging as security for the payment of the money @ bili of sale on six of their best steamships. A committee of three, consisting of Messrs. Bradbury, Sage and Stebbins, was appointed to ratify the acuion of the directors of the Panama Railroad Company. What the effect of this Negotiation will be cannot at this moment be clearly seen. It will restore confidence in the Pa- citic Mail for a few days, and this has been actual): trembling in the balance. Whether the stockhold- ers of the steamship company will be satisfied to see six of their best steamers placed in jeopardy to a corporation the directory of which is substan- tially the same as the Pacific Mail will be seen shortly. YELLOW "JAOK” AT PENSACOLA. Fort BARRANCAS, Fla, August 23, 1873, To Tae EpiToR OF THE HERALD:~- ‘The yellow fever is at present on the increase in Pensacola. During the last week we have had six- teen cases. The discase was brought here by the ship Golden Dream, on which the fever broke out while she was en route to the station, and of nid the country 100K | “which disease several of the crew died. After re- maining in quarantine for several weeks she was allowed to take out her ballast, and commenced taking in her cargo, which consisted principally of lumber. Between twenty and thirty days after she commenced loading, two of the crew, who had been shipped at this port, were taken down with the fever, and one of these, | know, died with “black vomit.’ The disease next made its appear- ance on shore, and, from the best authority, tor which I can vouch, the present sickness can be traced directly to this vessel. I am also informed by some persons that when the Goiden Dream was fumigated the authorities did not require the mat- tresses upon which the crew slept to be burned, which shows the manner tn which things are done 1m this section of the country. What astonishes me, as Wwellas the majorit; parts, is that no mention of the fever has, as yet, made its ingly to ioe paper. e can only 4 ople ateribute this to the fact that the interested in this locality have suppressed the news from published for fear of jt (pn agme Way injuring buginess, a ~ Se, - than an attempt at resuscitation of the mis-named- NEW -YORK HERALD, FRIDAY, AUGUST 29, 1873—TRIPLE- SHEET. More Expression from the Bench and Bar on the Subject of the Appointment of a Chief Justice. ‘WHO IS THE COMING MAN? Evarts, Bradley, Conkling, O’Conor and Waite Canvassed. The People Appreciating the Majesty of the Highest Judicial Seat. Interviews with Leading Judges and Lawyers. Below we give several very interesting inter- views with eminent members of the Bench and Baron the grave and important question of the successorship to the chair lately occupied by the lamented Chief Justice Chase. The ideas that have flown quite freely from iearned minds, when questioned by the reporter, will be found to be very clearly and forcibly expressed, and to convey &@ most unenimous picture of the sort of man, in reputation, character and attainments, vhat would best suit the country—whose sentiment in this respect is best represented by leading law- yers and magistrates—as holding the highest place in the national judiciary, and most honored, per- haps, in the whole government of the United States. Chancellor Runyan, of New Jersey. A HERALD reporter lately called upon Hon, Theo- dore Runyan, the Chancellor of the State of New Jersey, to talk with him in reference to the vacant Chief Justiceship. He found the chiei exponent of New Jersey law and equity in his judicial chambers, at his residence in Newark, a handsome roomy new house in High street, quite remote from the busi- ness portion of that bustling manufacturing city, onan eminence commanding a fine view of the town, the Passaic Valley, Newark Say, with Jersey city and New York in the distance. Chancellor Runyan was seated in a large first Noor room, fitted up as a library, shelved on all sides with cases well filled by large volumes bound in yellow leather. On his working table lay a few books of reference and several bundles of legal iooking manuscript documents, one of which he was examining when the reporter entered and was most courteously welcomed by a genial-looking gentleman, apparently about forty years of age, who at once expressed his willing- ness to discuss the subject suggested in so far as the proprieties of his official position permitted. In stature the Chancellor is slightly below the medium of Americans. He is squarely built, just a trife verging toward corpulency. His massive head 1s thickly covered by a heavy growth of dark brown hair, A long, light-colored mustache is all the beard which is unreaped. His eye has a merry twinkle, which tallies with the amiable smile which lighted up hia face as he listened to the reporter's statement of his errand. Altogether he gives the impression of one who likes to look more upon life's sunshine than its gloom, and is willing to gee all the virtue in human nature and over- look as much as possible its vice. That he uoted Dicken’s “Pickwick” and did not quote Joke or Story, led to the impression that though doubtless at home in the dry definitions and nice distinctions of legal literature, he roams with zest in the realms of humor and is as quick to see the joint of a joke as the scope of a statute. He was iressed in a plain black suit, scrupulously neat and complete, as iar removed from foppishness as from the slightest neglect of the propr ties of cos- tume. Evidently he was at work, fully equipped and ready to receive any of New Jersey's citizens who had occasion to conduct official business with bis Chancellor, He seemed a jurist who respects himself while he honors a worthy constituency. Asking the HERALD man to be seated, the Chan- celior explained that his judicial position pre- cluded him trom expressing opinions as to the character and qualifications of the various gentie- men of the Bar who have been named in connec- tion with the Chief Justiceship. Neither could he aggert the ession of any specific information as to whois likely to be the choice of President Grant. The matter is one frequehtly canvassed among the members of the New Jersey Bat, and whenever it hag been so a very general and de- cided hope and wish has been expressed that th delay in the appointments may end by the selec- tion of Hon, Joseph P. Bradley, of oar own State and city, now one of the associate Justices of the United States Supreme Court. He had long been a prominent lawyer here, in large practice, when he was called to the place he now holds, the first office, of your readers in these | I believe, ne ever held; ior, though a decided re- publican in politics and once a candidate of his party for Congress, he had never sought office. He carried to the Bench great talent, a ripe, sound judgment and unusual legal acquirements to fit jim for the satisiactory discharge of the important duties of the position; and he hasin every way {ult Het the expectations of his friends. As a ius ie certainly has few superiors in the Union. Indeed, if the ju Sadly of New Jersey lawyers was to be consulted, they would claim that he has tew equals. His admirable qualities of mind are con- joined with physical conditions most desirable, je isin both respects vigorous and healthy, and promote for many years to eontinue so, as, though e has long been among our foremost lawyers, he is not to be reckoned among the old men of the profession. He is » brother-in-law of United States ircuit aacee Woodruff of your city, who also has been named in connection with this appointment. Several of Judge Bradley's associates on the United States Supreme Court bench are much his seniors, both in age and office, and all, of course, have aspirations for promotion. For many years the Chief Justiceship has been awarded ad extra, no United States Supreme Court Justice having been advanced to that station, and that has, to some extent, been considered arule of Executive prac- tice. I think m one instance only. long ago, a Justice was nominated to be Chief Justice, but de- clined. If President Grant should compliment Judge ote 4 by naming him to succeed Chief Justice Chase he will, without a shade of doubt, sec-re to the nation a most admirabie first judicial oificer and very much gratify the Bar and the people of New Jersey. A. Oakey Hall, Mr. Hall was found in the chambers of the Com- mon Pleas after a mandamus argument. Upon the political aspects of the choice he scouted the squeamishness and affectation of believing that Politics should not enter into the question, It always had in Great Britain, whether the choice was for Lord Chancellor, Chief Justice or Putsne Judge. The Mastership of the Rolls has been re- cently given to a strong partisan. The appoint- ments of Taney and Chase were political ones. Hammond's “Political History of New York” and Thurlow Weed'’s twenty-five volumes of corre- spondence would evidence that the best judges we ever had in this State had been active and zealous politicians while at the Bar and were appointed through politicat influence backing their legal fitness, Great legal and political ability generally do go in company. ReroxTer—But what do you mean by not ignor- ing politics * Would you have @ man appointed solely because of his politics? Mr. HaLL—By no means; but I should have a great lawyer appointed who was also a politician. f there was @ democratic President he would as- suredly appoint a democratic lawyer. The fortunes of war give it to a republican, and we must deal with it from that standpoint, It would be as ab- surd to expect that General Grant would preter Mr. O'Conor, Mr. Groesbeck or Mr. Trumbull— great jurists, of national reputation as they ar to Joseph Holt or John A. Bingham—and they e proved themselves great lawyers also—as to ex- pect Gladstone to choose a Chief Justice of the Queen’s Bench or a Baron of the Exchequer from among the devoted friends of Disraeli. RsporTeR—Then you believe in taking the chances of political bias in avor of the appoinung power along with the learning ? Mr, HaLi—Not exactly phrased that way. I | don’t believe in having the appointee politically biased against the appointing power. ‘She legal ability being equal the politics should weigh the scale. So it always hasbeen. Thus it always will be until the millenium. Revorten—This would cover the case of Roscoe Conkling ? Mr. Hati--Assuredly. was aripe Judge of Federal Courts, and bis briefs in Wallace's United States and the New York Re- ports evidence his professtonal skill and icarning. KEPORTER—Suppose you were General Grant, whom would you appoint ? Mr. Hatt-—Justice Joseph P. Bradley, a great lawyer from New Jersey, who now occupies the anomalous position of having been appointed to the Supreme Bench for the territory extending from Georgia to Mexico. Tys Would wake 4 Sout —_s He is eyen a greater | | lawyer than politician, He is the son of one who . vacancy as Associate Justice allow Southern luwyer to sit upon the Bench” it “wa be an appointment consonant with policy, politics: and juridical fitness. Besides, it would idee: the President from criticism, a8 no one doubts now Mr. Bradiey’s fitness as Judge, and it would be ) to bave the Southern Bar represented on the Bench; id if Mr. Bratlley ives as long as Judges proverbi- ly live it will be a quarter of @ century before the uth can be represented except by creating new Judges. Judge Sedgwick, ‘The puzzie of everybody's school days, known aa. the wails of Troy, Waa not more intricate or plexing than are néw the winding passages seemingly endless corridors of our doubly dear, domeless new Court House, This particularly struck the HRRazp reporter when yesterday he sought its expensive, half finished chambers, in quest of Judge Sedgwick, of the Superior Court, in order to request his opinion as to what kind ofman and who would best satisfy the people to replace Uhief Justice Chase on the bench of the Supreme Court of the United States. The learned Judge had just declared his Court in recess for the space of fifteen minutes; having been engaged in the disagreeable duty of trying’ one of his fellow citizens on a charge of embezzie- ment. He was in his private room, when a mes- senger took in the repurter’s card, remarking, ad he took the pasteboard:— “He (meaning His Honor Judge Sedgwick) is@ very different kind of man from Judge McCunn.” The HERALD representative admitted, that this, in all likelihood. was the case. His Honor received the reporter with the bland- est smile on a cheerful, picasing countenance, that seems to have never known grief. May it ever re- main 80. “Judge,” said the reporter, “the HERALD is take ing some trouble to elicit the opinion of the legal profession from its ornaments, both on the Bench nd at the Bar, as to the Gletingusbing abilities few Onlot dustice of the United staves Bu new Chief Justice of the United states me Court, soon to be appointed.” ae His Honor, in substance, sald :— “That is a question to which I have given not the slightest attention. I assure youl have not. In- deed { don’t think myself possessed of even the ele- ments of knowledge sufficient to form an opinion upon so important a question. My personal ex- perience is here with the Bar in the city and State of New York. I have no knowledge of the thou- sands of able lawyers throughout the West who could fill the position with dignity. In fact, 1 am too busily engaged in the duties of my office, I as sure you, to have thought even of this important matter. We all agree that the Chief Justice of the Supreme Court of the United States should be & man of the very first abilities as a lawyer, thoroubgly read in the learning of his proie: uick to discern and prompt to decide points law that often involve great interests. He should be aman of unimpeachable character, steadtast, and of great will. ButI would not like to mention names or designate any particular gentleman as being pre-eminently fitted for the office, where there are so many who could do honor to any, po sition which they might be called upon to fill.’ ‘The Judge here turned a pair of clear, penetrat- ing blue eyes upon the reporter, which seemed to say, “That’s all I have to say on the subject. You bave my opinion.” No further information could be obtained in this quarter, and tae interview closed, Abraham R. Lawrence, Jr. Mr. Lawrence, the late democratic candidate for the Mayoralty of our good city, who had been rusti- cating in the country, called for a short time at hia office, in Nassau street, yesterday. So also did the representative of the HgRaLp. The latter was obliged to wait while the former despatched—for whence or for what it does not appear—a number of anxious clients who were awaiting the great jurist’s pleasure. Judging from the serried lines of bulky calf-bound volumes that filled the book- cases from bottom to top of his library, Mr. Law- rence must be a host in himself in all the diversi- fied learning of his profession. Presently the opening of the private office door afforded egress to a suitor and ingress to the me Porter. Mr. Lawrence 1s @ gentleman of goodly presence (as all New York can testify), of middle stature, sharp gray eye nely cut features and hair turning prematurely frosty. The gentleman appears to be endowed with the quickest apprehension and sees: into, about, above and around a question as soom asit is stated. The HERALD representative was politely received and invited to a seat by the side of the eminent lawyer and distinguished politician. ‘The man o1 the press said:— “Mr, Lawrence, I have been instructed to walt upon you, and, if agreeable, obtain your views upon a@question thatis now pending; namely, the ap- pointment of a presiding Judge of the United'States Supreme Court; an office, as you know, that will Probably soon be filled by the President,” “Yes,” said Mr. Lawrence; “that is an affair with which 1 have given myself no trouble at ail. The office isin the gift of the President, and I take it lor granted ‘hat a republican will be appointed. I. don’t belong to that party, and, thereiore, can say. nothing at all about is.” The report snougnk it strange that just because @ republican President happened et to possess the appointing power citizens of other a ties througnout the Union should therefore cease to take interest in who might or might not be named to the great offices of the State. The lawyer continued tn substance as follows :— “There are now thirty-seven States in our Union. Ia all these sovereignties there is an imposin; array of legal talent. I know few, if any, men in these States—that is, compared with the number practising at the Bar on fhe Bench. Among these thousands of lights in the profession, there are doubtless many of whom I have never who would honor the great position in the git of the president. It would therefore be premature and look invidious in me to mention any ene’s name as above all fitted ror the place, where there are 80 cet whe could honoraoly discharge ite onerous duties. There can be no doubt as to ides} of the Bench and the Kar in the matter. The very ablest and most distinguished lawyer that the country affords should be the man te fill the vacant judgeship. The difficuity is to int out that Man, among others, who may be jhought equally worthy, It has usually been the practice for the party in power to a: Int to office Irom among their own friends. ‘bether or not this is a good rule is another affair; but it has been Observed, and the chances are that the Executive will not now depart trom a course which, thro usage, has acquired the force and weight of a custom." (BE Re PS ERE Be SS ett a SERS een tT 8S. L. M. Barlow. : From the Chambers of the Superior Court the HERALD reporter wended his way te the ofice of Mr. 8S. L. M. Barlow, counsei to tne Erie Railway Company, that mighty corporation whose pon- derous machinery was once guided by the un- doubtedly abie James Fisk, Jr., with the case and precision that @ boy would ride a velocipede. Mr. Barlow is a portly gentleman of finc appear- ance and in the prime of life. He received the HgRaLp reporter with urbane politeness, and ex- pressed himself willing to afford any information in his power that might be interesting to nia fellow-citizens. It was, however, to be regretted that only a few minutes remained for him to stay in the office, having an engagement pending. Having intimated this much he touched a little silver bell—Mr. Seward’s littie bell in the State De- partment immediately occurred to the mind of the pressman—and an intelligent-looking young as- pirant to legal honors, who presently put in an ap- pearance, was ordered to bring @ cab. Although Mr. Barlow did not have much time ta gointo the details of the questions connected with the Chief Justiceship im abeyance of tha United States Supreme Court, he managed to cram an amazing amount of matter into an incredibly small number of words. His pithy and sententioug remarks were to the jollowing etfect:— “Every man has doubtlessly an idea of his own as to who would be the best person to appoint im piace ef the deceased Chie! Justice Chase. The man whow I think by far the abiest lawyer and most competent, to my knowledge, for the dis- tinguished honor, and one whom 1! personally would prefer to see ee, is Mr, Charles u’Conor, of New York. 1 know that Mr. O’Conor is not of Grant's party, and therefore will not be named to the Bench; but, party matters agide, he is by lar the most preferable man I can mention. 1t ts neariy certain that the President will stick to his party and nominate one of the many able mem who support his administration. Assuming that to be the case, it brings the matter down to @ question of expediency im choosing the locality from whence the incoming functionary is to be selected. If the West is to be conciliated, im my opinion Mr. Waite, lately one of our representa- ; tives in the Geneva arbitration, would, I am sure, ive great satisiaction. He is a thoroughly able lawyer, Aman of unblemished record and great rectitude of purpose, The West could not being much flattered by his Cg aye But if the President thinks that the East has superior claims to Ailing the office there is ne man in the repubiican party who would better meet the wishea of the people of the Atiantic States, and particu- larly New York, than Mr. Evarts, He has on seve- rai occasions represented the peopie with great cclat, He possesses the unshaken confidence of alt | who know him. The Bench and the Bar of New York. especially repose implicit reliance in his unques- tioned great aotlity, firmness and, above all, in- tegrly . At oe re) tg ees tne Hast 54 to fur. nish the com! justice | think Mr. Ki one the man, ere je HERALD reporter came away with the Pression of having talked with a ipentionan f4 gould aay & Very rons doal in a very qhort time.