Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1888-01-27
TOO LATE

aid and T0rchiight, HagerstOwn.
We have no patience with the
racket that has been raised ovel
the confirmation Of ex-SecretaT,
lamar as an Associate Justice o
the L. 5. Supreme Court. Every
body comedies that the South is en-
titled TO the appointment. Even i
| the duty of making the nomination
had fallen on Republican Presi
dent, a citizen Of a southern state
would have beeu- selected. tn,
late Associate Justice Woods
Whose death has given President
Cleveland an opportunity to put q
Democrat on the bench) although
born IN the North, had been living
in the South for fifteen years before
his appointment. Associate Jus
tice Harlan is the only man of south
ern birth now on the Supreme Bench
Associate Justice Field is the only
Democrat.
Assuming that the South is en-
titled TO the place, what southern
Democrat could have been selected,
who would have been more accept
able to the North ? We know of NO
man, who participated in the war
Oh the Southern side, who has more
fully accepted It's results, or more
Loyalty cOnformed to the new order
of things. When President Cleve.
land put him in the cabinet the
whole country was pleased that he
had chosen SO conservative and so
honorable man. a Republican
Senate unanimously confirmed him.
If he cherished any secret hostility
to the new amendments TO the Con-
stitutiOn he would have had tar
more opportunity of giving practi-
cal effect to his feelings and Opin.
ions, while at the head of one of the
Executive Departments, than he
corld possibly have while sitting
las a minority of One) on the Su.
preme Bench.
The assumed fear that bis Opin.
ions as a Justice of the Supreme
Court might tend to unSettle some
OF the issues OF the war Is a very
shallow preteuce. The Republican
majority OF the Court has left the
Democratic minority nothing to do
in that direction. When there was
nc Democrat on the bench save
Justice Field, the Court utterly
emasculated and destroyed Che new
amendments, as far as they were in-
tended to protect the cOlOred people
in the exercise of their rights as
citizens of the several states. AS.
sOclate Justice Bradley IA New Ier-
sey Republican, went to New ur-
leans, and sat in the Circuit Court
with Judge Woods, when the cele.
brated Cruikshank cases were tried,
and by ruling in favor of the bull.
dOzer theory as TO the scope and in
tent of the new amendments,
brought the cases to the Supreme
Court, on a certificate Of a division
of opinion. In due time the Su.
preme Court affirmed Justice Brad
ley's ruling, and thus practically
set aside the AppomattOX verdict.
The consequences Of this ruling
Of Justice Bradley-even before it
was finally affirmed by the Supreme
Court-were OF the most startling
character. The whole body OF south.
ern Democrats flew to arms, so to
speak, and proposed to accomplish
by fraud and force that which they
had failed to do by peaceful means.
The celebrated "shot.gun" Campaign |
in Mississippi was the first fruit of
the Cruikshank decision. This cam.
Eaign sent Mr.. Lamar to the United |
States Senate. There is no use, at |
taiS late day, Of trying to hold him |
responsible TOR a condition ofthings .
which Republican Supreme Court /
mde possible, if it did not invite.
1.-THE bench at that time had been
composed Of southern men of the
tyne of MIR. Lamar, instead OF north
erl Republicans, the surrender of
thtbull-dOzerS could not have been
moe complete.
he little episode at jackson,
with is now being used against
MrLamar, is the legitimate out.
grolth of the policy Of nOn.inter-
ventOn, which the Supreme Court
engrfted on the government by
the Gnikshank decision. 1t is alb.
surd o try to hold him responsible
for atOntrage in which he did not
participate as an individual, and
prObaly did not approve, as a con
SeryaGe, law-abiding Democrat
1t is rlbU that the Senate should
investigate this outrage for the pur-
pose conforming the country az to
the pretical workings Of decis-
ion ota strictly Republican Su-
preme COnrt, in destroying the
right olsunfage but we cannot
see VIII any part Of tho blame
should b put on Mr.. Lamar.
Only Aree Republican Senators
voted fG the confirmation OF Mr.. >
Lamar, iamely ,-Riddleberger, y
StanfOrdsnd Stewart. Edmunds, i.
Evarts, herman and Teller, the y
best la mers on the Republican =
SIDE, mae speeches against con- a
AS tar as the Gpposi- "
ion of tlSe distinguished lawyers =
was fountd upon Mr.. LamaTs sup. n
posed untness for the place by =
'easOn of bis lack of judicial ex. y
Ierlepce al training, it was proper . :,
ma legltIate; as tar as 1t was z,
BASED on U apprehension that he a
night mahsOme ruling that would 6,
impair TIM validity of the new h
'mendmem and the laws passed u
~ Congresto enforce them, it " as "
heer Affection. The Supreme ', -"
court knockd all the vitality out -,
u Reconstruction acts fourteen years re
go, and paAl the wav for ga solid :,
'
SOUTH JHce Lamar in his cir .
uit rulings IN do nothing but fol- -,
Dw the pretlents which his lie. y
aSseates have laid down -
Or him. "
Nh. kTICE LAMAR. sa
tfr0n thdRashington Post. tn
we congratulate the Senate upon III
be cOnfirmatiO of tbe nomination pc