Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-06-06


parts had control Of the executive department Of
the United States non parti san appointments were
made on the bench. Wby, Mr.. President it i
not for me to suggest 10 a Sci at 20 well read il
the political history of his county ~ the Senator
{ ON Alabama--
Mr. Morgan. The senator from Maine certain
ly misunder stood me. made no such statement
MI Blaine. Then let ne call hi, mind to thi
fact: that for the sixty year, from the admins
tratlcn of John Adams TO the adu iuistra
of Abraham Iircojn. out of twenty-ont
judges appointed, co frmei, and serving on the
supreme bench, there n YER were but two put on
that bench that were not of the democratic faith
Mr.. Morgan. | suppose that accounts for the
eminent AGILITY and pun Of the judiciary thai
we all respected up TO a late pen cd.
Mr.. Blame. The senator may have that As ne
pl a>es. | am not a-,ailiug the judiciary al all
bit am trying TO prevent his assailing IT, | say
there we've only two men who were not of the
democratic faith put on The supreme bench a.
f. deral judges for sixty years Cf This government
and the democrats took very good care that no.
body else should 60 or, because one of the clos
ing acts of John Quincy Adsmss administration
was TO nominate JunD j. trlttouden for that bench,
aud democratic Senate refu- ed to confirm him ;
aud one of the closing acts of Mr.. Filmole's ad
miuistration was to nomiuate George Il. Badger
of North Carolina, and democratic Senate re-
fused to confirm bim and forced Judge Campbell
on the bench.
Now, do not think the Senator from Alabama
can complain that the appoiDi ments made under
the republican regime have been partisan. Mr..
Lincoln appointed five judge, the supreme
bench. and before the teri was up for which he
was elected second time, three If those judge
were III cooperation With the democratic party.
Mr.. Mcdonald Wore they when tney were
appointed
Mr.. Blaine. No, they were not; hut they do
not seem 10 have bee of very stiff pa tssn ter
deucy, for three of them, a say, were 10 COOP
atom with the democratic party b, fore the ,rnl
was up of the Pres ldett who arr ohtei them.
Mr.. McAIlllsn. While the, We're on the bench =?
Mr.. b sine. While they were the bench.
Whv, the Chief Justice was candidate h. fore "A
democratic national convention Toe the succession
to the second term to which Mr. Lincoln wa
chosen. mean the late Judge Chase. SO. if ' on
come to anslyze this question, MAINTAIN hat the
democ at PATTY in all the II admin. BATON Of he
government never pelmltted wing or republican
to get on the sup,eue bench hut the, committed
ouirages against piopuelv to prev ut 1t They
held the nomination Of Nh. Ciitotden for -four
months aud sat Il GU; they held the nominal on
OF judge Badger. 'or more 'han sixty days and
sat II out so 4 does not become the Senator at
the present time to ask that needed judicial ap.
poin mcUt> shall be po-pIued until they can b.
reviewed by a denoc attic Senate.
Mr. WhNte. MAY ask the Senator from Maine
how long whig senate nell Nj. Fauey's APP
pointment when Presiteut ckson appointed him
III ii So e ~ '' ' wv '''' ''1N
Mr.. Blaine. YES; but the Secator from Mary
land will remember that Mr.. fancy wa, hot out OF
the partisan caidron at thar time, was involved
IN all the partisan disputes, had been foremost a,
democratic lar isan IN Mary and, had been Il
member Of the Cabinet OF General jackson.
Mr.. Whyte. WY Mr. President, Mr.. Tanev
was "a fedt rslist anu had only recent come into
the democratic party,
Mr.. Blaine. Had he not been member of
Jsckson's Cabinel
Mr.. Whyte. Yes be had. He had been invited
by Gen. jackson IRON the other party
Mr.. Blaine. But that does not IL iate against
what | am saying, that MIR fancy va, b. ia ii
the contests that made that one of he most bitter
par'Zin strlfes this county ever and there
good reason for withholding his confirmation, al
though his conduct on the bench atttrwatd estab-
hshed his fame As great lawyer of ability and
learning. | say Mr. fancy was made Secretary
of the Treasury to do n PARTISAN act which a con
scIentious democrat, William j. Duane, had re-
fused to 10, and for that act he wa nominated To
the Senate Of the United States Chief Justice
of the Supreme Cour. That Is all the poiut there
is about it, that his nomination was sent to the
Senate as reward for extreme partisan services,
that the record If the d. mocrstic party from
the beginning of the government has been to
make the supreme bench OF the United States a
political bench. They never appointed in sixty
consecutive years a single man on that bench that
not OF the democratic faith, not one Some
stttrward char ged both way-. Judge Story be-
came eminent on the other side, but he was APP
pointed a democrat By Mr.. Madison. Mclean
was appointed by Jackson and sftet ward whig,
but he was appointed by Jackson, as John Quincy
Adams's diary say, for betraying the adminisra-
ton of John Quincy Adams for The benefit Of the
democrats.
Mr.. Mcdonald. Do you believe that?
MIR. Blaine. | do not do not take John Quincy
Adams diary ~ a bible or a light for nv feet;
but John q quincy Adams in his diary says that Nc
Lean did Detray his adm nsirstIon for the benefit
OF the democrats and was ewAtded two days after
Jackson's Inauguration by seat on the supre
bench. speak of it because they are the only
two exceptions in sixty years Of democratic rule
where anybody even changed from them; and
when a Senator Of the democratic faith re-
ports bill for an extra judge we hear from two
southern democratic Senators the suggestion that
1t had better be delayed until democratic Senate
can look over the question and see whether he is
fit TO 90 on that bench.