The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-28
Vacancy in the Supreme Court.


Vacancy in the Supreme Court.
II is generally known that President Fillmore some
time since submitted to the Senate the nomination of the
Hon. George f. Badger, to supply the vacancy in The
Supreme Court resulting from the death of Judge Nc.
knley Having determined TO say nothing of the nomi-
nation while under the consideration of the Senate we
would not now violate resolution upon which we
have heretofore acted, if the Republic had made an
effort TO control the result OF the by what is sgn
cantly denomsa,ed an outside pressure.
The Republic quotes article from the Mobile Ad-
verser to prove that the appointment of Mr.. Badger
would not be ds,as,eu to the people OF Alabama The
testimony of the Advertiser in the will scarcely
command the authority which the Republic seems to
imagine, when it is known that the Advertiser is alone
IN its opinion and lis choice Perhaps, too. lis language
IS but The dictate OF purpose 10 give fictitious picture
OF public sentiment in Alabama, order TO affect the de-
cslon of the Senate. The Republic resorts, as usual to
the cry of secession and dmnion; but doubt if this
stale device will contribute much to the confirmation OF
Mr. Badgers nomination, while the party aspect in which
the special organ places the will tend to strip il of
any clam il might otherwise have TO the approving con-
sideraon of democrats.
We need scarcely say tina, trust the nomination Of
Mr. Badger will not receive the sanction of the Senate
Indeed the objections 10 the appointment papa-
be and grave to make the nomination OF the Ex.
ecutive matter Of asonis hment In the first place, Mr.
Badger does not reside within the ccui, OF which il is
sought 10 make hin the judge. II not an unprecedented
ii ia certainly most unusual occurrence that an individ
ual in one federal circuit selected to preside over an
olhsr To say nothing OF the mputaton on the char
acer OF the resJent bar, The appointment OF
II. ~
necessarily involves the neglect Of those duties and
consequent inconvenience 10 the community But
whether against usage or not, President Fillmore has
recognised The improperly Of appointing resident
Judge II il understood that he resisted the recommend
alton OF Mr.. Humphrey Marshall, Of Kentucky, and OF
other gentlemen, the ground that they did not
81 lie in the vacant circuit The only explanation OF
the inconsistent conduct OF the Executive in doing
now precisely what he has heretofore refused 10 do
found in the fact that Mr. Badger senator, and may
naturally be thought TO possess influence with those
who are 10 ra,fy his nomination which an individual not
in constant communion and friendly association with
senators would hardly be supposed capable OF command
ing. In this view, the nomination OF Mr.. Badger may
be device on the part of the Executive TO insure the
confirmation OF its appointment, by body OF hostile 20.
liica faith and in this view does the appointment
sumo most Objectionable aspect II is scarcely fair al
tempt to bias the action OF the Senate by appeal to
those personal feelings which should never interfere with
the execution OF public trust.
Bu, the chief objection to the appointment OF Mr.
Badger TO the Supreme Bench is objection on prnci
ple-an objection which should suffice to determine the
action Of every democrat, at least As politician Mr.
Badger is distinguished for his extreme federal notons
la.H IL lat,
deroga,e from the rights OF the States and to augment
the powers Of the general government. Timothy Pick
erng himself not more thorough and incouigible
iederalis than Mr. George f. Badger Now is il posi-.
bic that any strict construction State. rights republican
democrat consent that consodationisl should be
inused with the power OF determining the construction
Of The constitution Of this government
Would any democrat assis, in making person of Mr.
Badgers political principles President for four years
Then, why make him Judge OF the Supreme Court for
ne and thus him with the power TO earrv into effect
his cenralizng. federal doctrines Can any man OF
genuine devotion TO the Sae-rghts principles OF The dem
ocraic party consent to the bitter antagonist Of bis
political faith interpreting the constitution in accordance
with the creed which Mr. Badger proessesi In other
words, shall we submit The constitution to the mercy OF
one whom We regard as its deadly enemyl Should any
amiable disposition 10 ratfy the appointment OF the Elk
ccutye or any apprehension Of the imputaion Of fac
ousness, persuade democrat desert his principles,
rather 10 surrender heni % the enemy2
In addition 10 these vital objections, there arc other
reasons why MI Bdger should not be chosen
to Judge Mckinley. Mr. Badger is ignorant Of the civil
Iaw--ihe local Law Of Louisana-and his appointment
opposed by the universal public sntmsnt of The circuit
to which he would be assigned and TO the universal cen
tment Of the democratic party Of The country These
considerations are entitled to great weight, il Of them.