Page:The Supreme Court in United States History vol 1.djvu/65

Rh upon the capacity and ability of those who may be employed in the Judiciary. … The common voice of the people here points out Mr. Lowell as a gentleman well qualified to fill one of the seats upon the Superior Court. … It is an office which, to fill with honour and dignity, requires an honest heart, a clear head and a perfect knowledge of law in its extensive relation." When it became known that Washington was considering passing over Lowell and appointing William Cushing, the Chief Justice of the Massachusetts Supreme Judicial Court, a strong and interesting protest was made by Christopher Gore in a letter to Rufus King of New York:

The appointments to the Judicial seats will soon be made. We flatter ourselves in Massachusetts that one of the Supreme Court will be taken from this State. The general expectation is that our friend Lowell will be appointed an Associate Judge; and no doubt was ever entertained of this event till we heard that our Chief Justice was in nomination. Should the Chief Justice be appointed, we shall lose an excellent man whose talents are peculiarly fitted for the place he fills, without rendering any great service to the United States; and a very good man will be extremely mortified. The Chief Justice, now 66 years of age, cannot long be an active member of the Court, and he has new habits and new modes of legal decision to acquire. On these grounds, I much doubt if he would be an acquisition to the Union, or at least so great an acquisition to the Government as Lowell; but in addition to all