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

TO decide on the nomination. having regard nothing but
the merits OF the nominees The first ground TO Justly his
vote against ni ianey therefore, has application He
mghthave taken with the propricty aga INST Judge
Wayne year before last for the Judge had Just as much
reason Then To wish to extend the benefits OF Circuit
Court to all the States lie might with much nore
show OF reason after the confirmation OF MIR Fancy
have voted against the conformation of MIR Barbour
cause TINS last appointment would make two Judges in
the states, which the Judge propose convert into ono
cnett Ly voting for barbour-aiier MIR fancy was
coahf.ied Tor The circuit in which Judge White cvneu-
plated having but one Jrdge-he discountcn his
o cton, were IT was made by circumstances most fer
cbly to apply. II is clear then that o.ct tor hi,nsef nd,
niis, That when compelled pass upon Tie nominations
he had no alternative but vote on the merits of the
merits OF the nominees, without looking prospective
rgsiaon In making this appeal To the feeling in ia.
vor oil extending the Judicial SYSTEM support for his
vote against Mr. fancy it is evident that mere decep
1--we, ga e0ptand1m prelvxt is intended.
With regard to the other reasons assigned TO Justify
hts abandonment of Mr.. fancy after his repeated proofs
gwen OF confidence in his qualification for the highest
anu most responsible trust OF the Government, think
mat Tue Judge will find that they will only serve to en-
tangle INN further in Inconsistencies and
Every body knows that all the Judges of the Supreme
Court have equal powers Cases decided by the OPT
mons OF the majority. Except is the mere form of
presiding in Court and conerring with and dliver;p
'he VIII oil tue other Judges in matters requiring
solemn written decson there is nothing but superior
worth ana talents that give Judge weight
or influence on the bench than another and no man
ought 10 be appointed To the who is not qualified
to preside in II; and il will be found upon examinations
that Judge White docs not bring objection 10 MIR
fancy, which would be Just as valid against hin, as
an Associate Justice, as it would be against Chief JUS
ticc. What are they
Mr. fancy had been actireiy engaged an Da,f mill;
tcS @ rnSt take has scat The bench sciM hiqhf erct-
cd Parfy Jeetings he Jeared he potticey ntoie-
rant seouid harGiy be allie far 10 ouercoe his mar.
ty feelings, as 10 let them hare inaence IN his Judi.
ci"t DECISIONS This is the whole of the per-
sonal objections alleged; If valid do they no, apnv
WIN equal force to MIR fancy, Associate Judge II
Mr. fancy is SO 'poaieaiiy entOierans permit his
'Pa,y feelings" 10 hare influence in his judicial deei.
oHS, and was therefore disqualified Chief Justice.
ought he to he placed nany where these parzan
decsions would have the effect us if given by the
Chei Justice? If Mr. T. had been confirmed last winter by
inc voie OF Judge White and Chief Justice Marshall JUS
uces thompson and Story had decided one way and
Justices Baldwin Mclean, and Wayne, another, MIR.
laney would have held the balance of in the Court
and might have turned the scale by his political inuio
rance against the Chief Justice and his assocatcs-and
let IL be remembered that Mr. fancy then fresh from
the ordeal of "party politics and if the manner in
winch he had passed through it did not disqualify him
for the bench of the Supreme Court then why after
having had year OF cstrangemen from political life
should Judge White suppose that "highy cacited partv
Jeemgs should exist now, which did exist them 10
The truth is Judge White is compelled by his former
votes Tor Mr. fancy, TO give up all defence In his pre-
sent state OF feeling, he would willingly deny Mr. IA
hey every attribute Tor the bench But he obliged
adnit ms ro;ReSS and integritythat he has "a sin
cere respect Tor him, and the late occa-
SON. 'ecnta 'e"Hhgiy hare roted for linn asSo-
cate justice; and yet he believes him politically
inoierant and of character TO permit % his highly
excited party feelings to Influence his judicial de-
ctSt0hS. This is AN honest Senator lie is will
ing tha party influence shall carry judicial decisions
against law and Justice, provided it is not Inv The
OF the Chief J1stce! But the Senator has another
fetch TO bring himself out Sensible that there is no sub
slantai difference in the power of the judges Of the Su
peme Court he attempts TO magnify the Chief Justice
snip by saying, " as second only kno,en 10 the
CONSTITUTIONS 1t is then tic dignity tie crude not the
duty oil the office, for which Mr. fancy disqualified
rs : second only 10 one, or which Judge White him
ser Is an asp'ran And is II possible that MIR fancy
can look up 10 station only secondary 10 the honor
reserve Tor the author of the opinion The Cherokee
case-the author of the letter Pryor Lea-the grand
leader OF the Nashville processon-und who, besides,
was once State Judge and president of Stale bank !
II as thing not TO be bone that Mr. fancy should ap
proach such pIe.eminenee-G ioLe