Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1882-03-03
Mr.. COnLIIng for the a. \. Supreme
Reneh.

Mr.. ConLIIng for the a. n. Supreme
Beach.
Last Friday President Arthur sent to the
| Senate the nomination OF ex-senator Conk-
! ling 10 be justice Of the United States Su-
preme Court in place Of Justice Hunt, retired.
! The nomination took the country entirely by
surprise, and the cases arc exceptional where
the Presidents action has been received with
unequivocal commentator. Justice and can
dor, however, compel the remark that there
are two sides to the question, and that wheth-
or the Presidents action is condemned or APP
proved depends on the point OF view taken by
men Of different ideas but Of equal integrity
and soundness OF principle. For ourselves,
we have no hesitation in saying that we would
have preferred that Mr.. Conkling should re-
main in the private sphere to which his own
consuming arrogance aud the action of the
people Of his state had banished him. We do
not think there was occasion for trying TO call
him from his quiet retirement, or for attempt
ing to soothe his wounded dignity by paying
him distinguished compliment. This, how
ever, we freely admit is a one sided and per
sona view Of the matter, and in thus stating
~ VIZ w hOt llthu " lulDukn Aub purify huh
sincerity of President Arthur's motive in his
action. The fairest and most unbiased state.
ment Of the case which we have seen is that
made by the Boston Herald and we commend
it to the attention of our readers in place of
any extended discussion of our own:
"In nominating Roscoe Conklng to the va
cant seat on the supreme bench, President
Arthur has given the country another sur
prise. Whether it Is received as an agreea-
BILE surprise or not, depends altogether upon
the point of view from which it is regarded.
To the politicians who are scheming for the
possession of Gen. Garfeld's mantle, the
nomination is likely to be considered as an
aifront to his memory But they should re-
member that the dead President set his bitter
antagonist, now named for this exalted posi-
ton, a noble examplein not carrying person
al animosities into inevitable political differ
ences. 1t is even reported, upon the testi-
mony Of a near friend Of the late President
that on his sick bed he expressed his regret
at Mr.. Conkling's alienation and fall, and
professed his Willingness to tender him any
appointment he would accept-naming, par
tiCularly, if we remember rightly, the very
position which President Arthur has now Civ
en- to him. II Mr.. Conkling was ever a fit
man for the bench Of the supreme court, he
IN uOub iLlt ltbb bO DJ EthbOu VI any VI us re-
cent mistakes and follies as politician. II
is not a cardinal crime to differ, or even to
quarrel, with a President. The nomination
is to be judged upon its merits, outside, as
far as may be, of political considerations-a
view which il made more easy by the fact
that the nominee is, and has for some time
been definitely out of politics, and that this
appointment will complete the divorce from
his former activities. Mr.. Conkling comes Of
good judicial stock. His father was one of
the most sturdily upright, accomplished and
honored judges of New York. He is himself
it is needless to say, man Of great intellec-
tual ability and force His character, in all
that relates to the dignity and purity Of the
bench, is above reproach. He has been ar
rogant, domineering and offensive as a polit-
clan, but he has not soiled his hands with
jobbery, nor exposed his good name as pub
lie servant to the breath Of suspicion. On all
public questions that are likely to como be-
fore the court his views are well known to be
on the side of the country's good faith and
honor. Mr. Conkling's intense and pro-
nounced partisanship is undoubtedly an OBJ
lection that places his appointment for below
the ideal realized in the selection Of Judge
Gray. But, as a practical fact, the partisan
predictions of all the judges, on both sides,
were sufficiently strong, on the electoral COM
mission, to lead them to divide on the party
line. Very few of our judges have left their
politics behind them on ascending the bench
Mr.. Conklings uniform regard for certain
proprieties of official station warrants the
hope that he, like the best of his associates,
will, however, refrain studiously from any
participation or personal interest in political
affairs Should this expectation be realized,
we see no reason why he should not take O.
high rank on the bench ar %" SnVuiu cows
ate And =, SL;--rtIcs sHS e did in the Sen.
on lN,., ~ TINS event, President Arthur will
, have shown a sagacity equal to his courage
in removing from New York politics an OBJ
stacle alike to reform and to harmony"
When Mr.. Conkling's name was sent in by
the President on Friday, Senator Hoar of
Massachusetts, denounced the nomination in
strong language on the spot. Yesterday the
nomination was confirmed by vote of 80 to
-. Four Republican senators voted against
confrmation-Messrs. Hoar, Dawes, Morrill,
and Hawley. Mr.. Sherman was paired, or he
would also have voted nay. Among the Dem
ocrats who voted nay were Messrs, Bayard,
Beck Camden, Hampton, Johnston and Jonas.
The question now is, will Mr.. Conkling ac-
cept? On this public opinion is somewhat
divided, but it seems most probable that he
will accept.