The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1853-03-05
w. BADGERS Nomination. 20 Litter from
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SiR;--An article ~ ,uur paper NJ
yc.ir,lty doc. INC grrnt Injustice. You
.ny. IN reference To the Ic.iponcmcni of
Mr. Bais,r'- nomination e. the Bench
IT The supreme Court. "ih's rr.uli was
backed up aud sustained 10y the culra.
bic neglect Of another wing. Mr Phrlps.
Mr. L. was appointed to iill the vacancy
occa>ionrd by the death Of Mr. Urban.
solely bccarsc hc Happened 10 b. here
rtca ne rtcaHcy occurred and II was
Important 10 have every Wings seat i'll
led. RR ajler he had reccire ms com
mission, he absrn'cd himsclf from Wash
iHyton for tea succcoirc ddys, during
rkich t1we The opponents Of he Sos''ad-
hon ,ecre Engaged ia strengthening their
case Under these circumstances this
absence was culpahlc neglect Of duty"
A. TO the motive of the Governor in
comforting the appointment upon me, !
have nothing 10 say, except that IL !
possess no qualification for the place
cxcep, happening TO be in Washington
at that moment, il is rather my misfor-
tune than my fault
In regard to my absence for ten sue
cessivc days, after receiving my COM
mission. 1t would have been ms well had
your informant added, what is true, that
before j absented myself, il was settled
by repeated trials beyond doubt, that
the opponents Of the nomination had
determined 10 avoid direct action upon
il, and were strong enough TO effect that
purpose The subject was before the
Senate repeatedly when ! was in my
place and voting, but a majority was
found against us.
When | left home for Washington in
january, ] of course had no expectation
Of being detained here, and had moreo.
yer pledged myself TO return in season
to attend the Supreme Court of our
State, to be in session at Middlebury the
last Of January. On my arrival Mt
Washington learnt the death of Mr.
Upham, and in two or three days there
after received communication from
the Governor by telegraph, informing
me that he had appointed me TO fill the
vacancy. Feeling deep interest in the
confirmation Of Mr. Badger, remained
at Washington, Notwithstanding my en-
gagements at home, until repeated eff
forts had been made by the friends of
Mr. B. TO procure his confirmation, nor
did | leave until became satisfied that
the nomination wouldnot be acted upon
in my absence, nor indeed until some of
the warmest friends of Mr. b. consider
cd his case hopeless. The subject was
not brought up in my absence; and il is
proper here to add that was present
and voting on every occasion, after ]
took my seat under this appointment,
when the subject of tina, nomination was
under consideration.
How far the opponents of Mr. d.
strengthened their case during my alb
sencc, am unable 10 say but however
that may be, the delay which gave them
opportunity wss not caused by the alb
sencc, but by their own strength in the
Senate, previously exertcd and in oppo-
sition TO my vote. How far then am
to be made responsible for any change
in the relative strength of parties on
this subject, if any such occurred, the
public will judge. 1t is now ascertain
ed that had remained in my seat du-
ring the ten days" no different result
would have been brought about than
that which finally disposed of the nomi-
nation.
1t may not be improper to add, that
my unexpected detention at Washing.
ton rendered short visit to my home
necessary. Often days Of absence, four
were consumed in going and returning,
two were spent in attending to some
matters Of business, and the residue Of
the time ] was confined to my house by
sickness and the first time left my
house, after having sufficiently recover
ed 10 do so, ! took the cars and proceed
ed MS rapidly as the cars would carry
me to Washington.
l trust you will do me the justice 10
publish this explanation.
SAM'L S, PHELPS.