The Portland daily press., 1882-04-28
The JudgeShip.

While there will be much regret among
the many friends of Hon. Nathan Cleayes
that the Council could not confirm his nomi-
nation TO the judgeship, every thoughtful
person will agree that no other course was
consistently open TO the Council under the
circumstances, and for reasons not at all
connected with the abstract fitness of the
nominee. These circumstances were very
fully set forth and discussed on occasion of
the nomination of Mr.. Putnam for the same
place; and when the Council rightly refused
to ratifv the nomination of that eminent
lawyer and upright citizen they were gov
erned by convictions of duty and considera-
tions of public policy which they could not
conscientiously waive in favor of Judge
Cleaves or of any other man whom the Gov
ernor would nominate.
1t was well understood that the nomina-
ton of Mr.. Putnam was made, not because
the Governor desired or expected his coz
firmation or his acceptance of the position
if confirmed, but for the purpose of sugar
coating his attack upon The independence Of
the Judiciary involved in the refusal to re-
nominate Judge Libbey for the station
which he has so acceptably and honorably
filed for the past seven years. Judge
Cleaves' nomination was made for the same
purpose and will be followed, without doubt,
by other nominations personally as unobjec-
tionable. In fact the procession OF eminent
Democratic lawyers, which the PRESS pre-
De- rata 6 10
even now passing given point. 1t is not
unnatural that the personal friends OF the
gentlemen nominated would be glad to see
them confirmed. The crafty Governor sees
this and hopes that this feeling may be
strong enough to make them blind to the
principle involved; but no considerate man
who rejoiced that the State was saved
from anarchy and bloodshed by the unani-
nous opinions of the Supreme Court three
years ago will fail to approve the consistency
of the Council in refusing to permit the
solicitations of the personal friends of nomi-
nees to divert them from their purpose to
use the power which the Constitution has
placed in their hands to resist to the utmost
the partisan assault upon the independence
of the Judiciary which Governor Plaisted
has attempted. No interest of the State
will suffer from the temporary vacancy thus
created. The summer vacation is approach
ing and the business of the Court for the
next few months will be comparatively light.
The people are to pass upon the general
controversy of which this is a conspicuous
part, in September next, before the fall terms
of the Court begin. If they shall approve OF
the course of the Governor in his attempt to
visit the hatred and revenge of partisanship
upon Judge Libbey for the manly, conscien-
tious and able discharge Of his duty in the
crisis of 1S79-90, the Council true to its dis
position to guard the interests and reflect the
opinions of the people will doubtless then
confirm any suitable nominee of the Cover
nor. But if, as we firmly believe, the people
shall Enthusiastically express their determine
ton to protect the judges from such as
saults, there will be left but few short
months in which the inscriptions partisan
ship of the Governor can obstruct and en-
barrass the public business.