Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-08
MR.. cosKLIses pEcL1sAr1os.

Mr.. Conklipg has declined the office of
Associate Justice of the United States Su-
preme Court, and in go doing has Ger.
tainly earned the thanks of those who be-
lieve that his nomination was a grave
mistake. That he should have been con-
sidered fit for such position, however, is
only a fresh illustration of the curious in
tellectual glamour which has for so long
time obscured and confused the percsp
tions OF his friends. These latter, unfor
| tunately for themselves, persist in regard
ing every expression of doubt concerning
the alleged transcendent abilities of their
idol as the effect of unreasoning preju'
dice or upiustif able envy. Such mental
attitude of course renders any recovery
from their own painful condition of blind
ness out of the question, but whatever
mistake they may make in this way it is
| nevertheless necessary to insist upon the
proposition that Mr.. Conkling has never
vet exhibited any such talents as could
I've held to vindicate the extravagant
laudations of those who believe
in him. He is, indeed, man
who has achieved larger reputation
upon smaller capital of achievements than
any of his contemporaries. A very care
full and painstaking search has recently
been made into his public record, with the
avowed purpose of discovering, if possible,
the actual grounds of his celebrity. The
results of this inquiry appeared in the form
of paper by F. w. Whitridge, in the In
ternationdI ReUieao for October, 1881. In
that paper Mr.. Conklings career was ar
alyzed, and his claims to distinction as
lawyer, party leader, orator, statesman,
were each and all submitted to the most
dispas5ionate investigation. Tie result in
every case was absolute demonstration OF
the insubstantiality of the foundations upon
that he has never done or said anything to
entitle him to be considered great man in
any sense of the term. 1t was shown that,
on the other hand, he has fallen below me-
diocrity in all the really crucial moments
of his career that whenever he has been
thrown entirely upon his own resources he
mas failed sigually.
But the most important exhibit of Mr..
Whitriige's paper, SO far as his recent
nomination TO the Supreme Bench is con-
cerned, is the proof given of his unfitness
for the administration Of judicial functions.
For it has been made perfectly clear that
Mr. Conkling is not great lawyer, or in
deed even second-class lawyer. In Con-
gross he acquired no distinction as legis-
lator. As lawyer practicing in the
Courts he has never enjoyed any reputa.
ton. During the whole of his Washing
ton career he has only had six cases
before the Supreme Court. and two of these
were almost certainly given to him because
of his political influence; whereas. Gar
field, of whom Blaine said in his Grafton
that he never seriously undertook to prac-
tice law, had thirteen cases in the same
period. Mr.. Whitridge says of him
Mr.. Conkling's claims to be considered
"a great lawyer are no better founded
than other pretensions which have been
"made for him. He entered political life
too early, and he has been too deeply
"engrossed in it's details, to have had time
"to drink deeply of the fountain of the
'law or to have built up any considerable
practice. The great legal firms of his
Estate do not know him as an adversary,
and SO far as can be judged by an OBJ
"server, the most of his retainers have
{" been before committees, or in the offices
in Washington, or in other cases where
" his political position was supposed to
give him special influence with the
Tribunal. " He has only had five cases
before the New York Court of Appeals,
and two of them were political In one of
them he took a brief prepared by another
lawyer, and it is said that his own argu-
ment contrasted very unfav orably with the
brief. In the other case, The People against
Dsnisson, he made an amazing exhibi.
ton of himself.
Mr.. Whitridge says Mr.. Conkling's
argument in the case can only be de-
scribed as shocking rubbish. 1. is not
mentioned by any lawyer except as
laughing-stock, and two of repute who
heard it said to the writer that if it
had been anybody else but Conkling
" the Court would have stopped him
/" after the first fifteen minutes Indeed
the argument in that case was of SO extra.
ordinary character that it has furnished
Mr.. Conkling's enemies with an unfailing
supply of telling quotations from that day
to this, and some of the expressions EN-.
ployed by him, as for instance that about |
"the bright beginning and the bitter end.
sing of halcyon and vociferous proceed
'ing," have become national jests and |
by-words. In this instance it is to be OBJ.
served that Mr.. Conkling did not merely
display inferior judgment and legal knowl-
edge, but an extravaganza of language
which may be regarded as indicating still
more radical defects in his intellect. |
These, however, are the actual facts about |
his legal career, and it was upon such facts
that the President proceeded when he I'M
derteok to elevate Mr.. Conkling to the Su.
preme Court. As a lawyer the latter
clearly could have no title to the position. |
He was not prepared to discharge its du.
ties with any fullress Of knowledge. 1t
would have been impossible for the bar or
the nation to have respected decisions en-
ansting from such source And yet his
other preparations had been even worse
than his legal equipment.
For he had known no other than a
political existence, and having for many
years been the dispenser of great patron.
age-which was the source of all his
power and the explanation OF all his
CONFERENCE.-The had become swollen with