Chief Justice Waite Defers to Local Judges in Matters of Local Appointments
"That is a rule I have adopted for my government in all cases”.
Chief Justice of the U.S. Supreme Court from 1874-88. He became prominent when he represented the United States in prosecuting the Civil War Alabama claims. It was his task as Chief Justice to help interpret the amendments to the Constitution that were adopted after the Civil War. His interpretation of the due...
Chief Justice of the U.S. Supreme Court from 1874-88. He became prominent when he represented the United States in prosecuting the Civil War Alabama claims. It was his task as Chief Justice to help interpret the amendments to the Constitution that were adopted after the Civil War. His interpretation of the due process clause of the Fourteenth Amendment was long influential.
Autograph Letter Signed, Washington, February 1, 1877, to Judge R.W. Hughes of Virginia. “Yours of the 31st is just here. I quite agree with you about the appointment of a Register, and as at present advised shall not make a nomination until you advise that in your opinion the vacancy should be filled. In fact, that is a rule I have adopted for my government in all cases.” Waite’s policy, as he states, was thus to defer to local judges in matters of local patronage. A very interesting precedent, and one still often followed today. When this letter was written, the contested election of 1876 was still up in the air. Perhaps the judges were waiting to see the result before acting on an appointment.
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