Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-04-01

o,;, y, the nomination, having regard to nothing but
the merits of the nominees. The first GROUND 10 Jns'ny us
vote AGAINST Mr.. fancy, therefore, has IL" aPP"el' 49,
mrht nave taken lwith the same FfoPrirty aga
Hvne wear before last for the Judge had Jusl as iuc
rpu$on lrn TO wish ito extend the benefits OF the Ccu
Court 10 all the States Tie ni'ght WIN Htuc.i ~, '
show of reason, after the contrnliinn VI WI;
have vutrG against the CONFIRMATION oil MI b"'oi
caus, This las. appointment would make Two Jios'S "
the States ch the Judge pfopoS, To cnFrTt '''o w."
circuit. BY vutng for Earnour-ai'cr Nr. Ia'"J ""'
cun.ir.cd Tor tic circuit IN winch JiG9r Hh''e ''
Mated having cut one udgr- he dISc1uHrnalceu !''
ubrc,iun were it was made by circumstances, noS '
civ To apply is clear cn that obIecto hiiseii au
mis- that when comprlled 10 PASS upon lie a'ii""uoS
lie lad no alternative Lu 10 vote On the merits {" t'lc
merit: o the nominees, without lo"kng IL prospective
LEGISLATION. In making tins appeal ~ HE icehS III Id
val Of extending the Judicial SYSTEM Us support iof Ills
vote against Mr. fancy, ii Is tvde that mere ueccp
I've nd captaRdEm preicAt Is Intended .r
With ,rrard 10 the other assigned To JuS'I'y
his abandonment of Mr. fancy. after his repeated PROOFS
plycn Of confidence i'll his qualification Tor the h'ghest
and most responsible trust Of the Government, we u'hh
that the Judge will find that they viii "'ly srrvG 20 en-
,angle him turtlc in Inconsistencies and contradictions.
Eyrry bod, knows that all The Judges OF the Supreme
Court have equal powers. Gases are decuea W !"e "F
ucns Of the majority Except rs to the mere ioE!! u
presiding i'll Court and comforting win ana u''is.is
In. will of the other Judges in matters not requiring
socmu written decIsiun there is nothing but superior
worth and talents that give one Juusc more "es'
or influence on the bench than another ana no man
d
10 preside in it, and will be found upon cXaniinatiu'
that judge White does bring one Objection 10 MI
Tauey which would not he Just rs valid against MN is
an Associate Justice, as It would DC against e'et Jus
ticc. What are they >,
Mr. fancy he'd been actcciy cRg0gcd IN purity poll
ucs- ,uua tukc his sat the bench cM hghly cAct-
cd party feelings eared he @"s p0tttc"Hy t"t0c'
ruMt rOuid hardty be aIic SO jar to Ocnc9me ms F@r
In tccIinrS as to let them hare no influence IN ms J"3t
cal decist0us This is the whole alaonnt vi the peg
sonal objections alleged and valid, do they not apply
with equal force to Mr.. Iaucy as Associate Judge:
Mr. fancy So "pOiuicay ntOcran as to permit us
varg tcclinys 10 "Aarc influence IN his Judte'al dec'
ons, and therefore disqualified Us Chief Justice,
ought he be placed in any situation where these PaTuZa
dccsons would have the effect rs 1t gwen by the
Chief Justice: If Mr. T. had been confirmed last winter by
the ;o,c Of Judge White and Chief Justice Marshall JOS
tces Thompson and Story had decided one way, and
Justices Baldwin, Mclean, ind Wayne, another MI
fancy would have held the balance ut power IN the Court
aud might have turned the scale BY his pOt'tcdl t"fo'c,
rance against the Chief Justice aud his asSoc!arS-aid
let it be remembered that Mr. fancy was then fresh from
the ordeal Of purity politics; and lIe manner III
which he had passed through II did not disIualIly ii
for the bench o tie Supreme Court then, wiy alter
having had year Of rslrangeent from political HE,
should Judge White suppose that "hgA|y c1cited purity
JrciingS should exist now, which did not exist hc 10
disquaIiiy him;
The truth is, Judge White is compelled by his former
votes for Mr.. fancy rive up all defence In his pre-
sent state Of feeling, he would willingly deny Mr. Ia
ncy every attribute Tor the bcnch But he Is obliged To
admit his .frmncSS and integrity, he has IA SIN
respect for him, and even on the late coca
sion, "irouid rUhngiy haec rotcd for Inn az dSSo-
cate JUSTICE" and yet lie believes him politically
in,oIcran,," aud Of character 10 permit &" his highly
excited party feelings" to influence has jud'rtdl de
cisio,s" This is an honest Senator. tie is viii
ling that party Influence shall carry judicial decisions
against law and justice, provided 1t Is not by The
yo.c OF the Chief Jusiice But the Senator has another
fetch to bring hsrl! Sensible that there is no sub
slana difference in the piwer Of The Judges OF The SUI
prete Court, be attempts 10 magnify The Chief Justice
Ship by saying, ST is seeo~d only to ono h"orn to Tie
LVnStttutOn 1t is then tic dignity: tic grade, not Inc
duty Of the office. which Mr. fancy is disqualified!
1t is " second only o.e iU which Judge " hlte him.
sell is aspiralt! And is it possible that Mr.. fancy
look up Il station only secondary 10 the honor III
reserve for the author Of The opinion the Cherokee
Cause.-The author OF the letter Pryor Lcaile grand
leader of the Nashville proccssion-and who, besides,
was State Judge and president of Stale bank
1t is thing be borne, that Mr.. fancy should APP
proach such prc-eninencc.- Giote.