Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-04-19
me Nomlnaaon Of Mr. stanberry.

- l0AAAA-08
Henry stanberrys (of Kentucky, not
Of 0hio,) 3 lawyer of some emizence, has
been nominated by the President to the
vacant seat on the bench Of the United
States Supreme Court. The nomination
of Mr. Stanberry under ordinary eireum-
stances would hsve excited no especial
comment but at the present juncture it is
8 most extraordinary one The only
thing which has given this gentleman any
particular prominence-the thing which,
above all others, recommended him in the
eyesof President johnson for the position
to which he has been nominsted-Was the
fact that he wrote for the President the
recent veto of the Civil Rights Bill. That
bill, in spite Of the veto message which
Mr.. Stanberry put into Mr.. Johnson's
hands, has become q law, by the votes of
the Independent Union men Of Congress.
Il will be one of the most important duties
Of the Supreme Court to pass upon the
eonstitutionality Of this law. And
the nomination of Mr. Stanberry, who is
not only an avowed opponent of the law,
but who wrote the Presidents message
vetOing IT, is nothing more or less than an
igsolsnt attempt to override the judg-
ment of the people, as expressed by their
Senators and Representatives in Congress.
The Supreme Court is at present COM
posed of four Democrats and Eve Repub-
licans, including the Chief Justice. If
the division on the Civil Rights Bill
should prove to be, in the Supreme Court
Is in Congress, of a party character, there
would be a majority of n in favor of its
constitutionality. That majority the
President seeks TO obliterate, by placing
Mr.. Stanberry upon the bench. The
scheme and its object ara perfectly trans
parent.
Another objection to the nomination of
Mr.. Stsnberry is found in the rule of legal
etiquette, based on the most obvious jus
tiee, that 40 judge shall express in advance
an opinion upon q case which Is to be
adjudicated before him. Mr.. Stanberry
has declared his opinion in the most e1-
press and positive ANN in reference to
the most important question which the
Supreme Court will be called upon to
decide during the next ten years. Not
only this, but he was nominated
to this seat simply because he had
thus declared an opinion, and because he
was known 70 DO committed upon that
question. We have an almost precise
parallel for this scheme in the nomination
Of Roger B. fancy to the Chief Justice
Of the United States by President
Jackson, simply peczusE th5 lattor had
found in the former a plant tool. Such
proceedings are a blow at the very root Of
al Judicial independence.
Finally, the nomination of Mr.. STAN
berry is especially out of place in view Of
the fact that 3 bill recognizing the Su-
preme Court so as to limit the number Of
judges to nine, and thus abolish the
very vacancy this gentleman was appoint
ed to fill, has passed the House and is
pending in the Senate. In view Of this
fact courtesy would have suggested to the
President that he abstain from making a
nomination to the vacancy until Congress
has decided whether tina. vacancy shall
sxist. But mol DespOtic and domineer-
ing in this as in greater matters,
Mr.. johnson seeks to impose his
Individual win upon Congress, and force
hem TO eonarm a Judge pledged to his
The question is simplythis: shAllthe Sen
Of the United States allow Mr.. john
son to pack the Supreme Court SO as to de
Feat the desires Of tvo-thirds of that very
Senate, and q vast majority of the people,
md to subvert the interests Of Freedom?
Z it cOnfrns Nj. Stanberry's nomination
{ will be doing precisely this, and viii be
.uilty Of scarcely less treacherY to the
people than il it had failed to pass the
Jivil Rights Bill. We trust that it will
It once take up and pass the House Bill,
.eorganizing the Supreme Court and thus
dispose, not only Of Mr.. Stsnberry, but of
II other aspirants to represent "my poll
on the bench Of the Supreme Court Of
he United States. j