New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-12
"A JUDICIAL TEMPERA UENT"

"A JUDICIAL TEMPERA NENT"
There are so many reasons why Mr.. Lamar
should not be confirmed that some of them
are apt to drop out of sight in the discussion.
The reasons to be found in his course, not
only during the war but since. both in Congress
and in tho politics of his State, and the fact
that, according to his own friends, he has never
made living at the bar, have pushed out of
sight others that are also important. No con-
scientious President would leave out of sight,
for example, in selecting judge the personal
characteristics of candidates-their impair
TALLY moderation, capacity for discrimination,
ETC., or the lack of them. 1t has often hap
pened that man who was obviously compc-
tent in other respects, and who had done dis
tingushed work in other lines, has been held
to be disqualified for judgeship for the simple
reason that he lacked ga judicial tempera-
ment.n II is on this ground that Mr.. Lamar
is so Objectionable that he could be rejected on
this alone, if he did not have an Administration
behind him, working, as Administrations can
always do, upon the fears and hopes Of Sena-
tors.
Mr.. Lamar has given good many illustra-
tions Of his lack Of judicial temperament.
We shall recall a few We have already spoken
of the scene in the courtroom at Jackson,
when Mr.. Lamar, whose chief distinction in the
practice of the law has been won in defending
Ku-Klux, jumped over the railing, the court
being in session, and knocked down the United
States Marshal. He was allowed to escape
the Imprisonment for contempt OF court, as
well as for assault and battery, which he SO
richly deserved.
A still more instructive incident occurred
March 3, 1871. caucus OF the Democratic
members of the House of Representatives,.
which was not largely attended, was held to
prepare an address TO the country upon the
contested Presidential election. We quote
from an Associated Press dispatch from Wash
ington, which was printed in THE New-York
Herald" then as now a paper OF Democratic
proclivities, and in THE TRIBUNE:
An alteration occurred between Messrs Lamar, OF
Mississippi, and Douglass Of Virginia. in the hall OF
the House Just after the adjournment OF the Demo
cratic caucus this evening" which caused considerable
excitement. 1t had It's origin in the intoxicaton OF
Mr. Douglass which had caused Mr.. Lamar, the chair
man Of the caucus, TO rule him out of order This
exasperated Mr. Douglass, who, at the termination OF
the caucus lost control OF himself and assaed Mr.
Lamar with such vtuperaon that, but for the inter
venton Of friends, Mr. Lamar would undoubtedly have
shot him.
"Would undoubtedly have shot himw The
reader is not being told of something that took
place in slavery days, when every Southerner
in Congress carried his pistol, but of an occur
renee only ten years old, and passing in an
assemblage Of political friends. 1.-THE New
York Tines described the affair in special
dispatch, in which it was shown that the
vituperaton consisted of charges that Mr.
| Lamar was I" a traitor to the Democratic party"
and had sold out to the Republicans in order
| TO secure his seat in the Senate.' This foolish
vaporing of drunken fellow the average
| Northern man. trained 10 respect for the law,
| would have ignored. Mr.. Lamar, being trained
| in the Southern school of lawlessness-what
| a nursery for Supreme Court Judges -" would
undoubtedly have shot him." if he had not
been prevented by friends. The statement
was never disputed and stands unchallcngcd
to this day. Can anything more utterly gro
tesque be conceived of than to put such man
upon the bench Of one of the most august
courts in the world2
Some years later Mr.. Lamar appeared again
| in an unenvablc light as Il man of violent and
| lawless tendencies. 1t was during the debate
on the Army bill at the close of the summer
session of 1870. The Democrats after having
made their speeches attempted to shut OIL the
Republicans by vote. Mr.. Conkling charged
| that this was "bad faith" as it undoubtedly
was Mr.. Lamar pronounced MIR. Conkling's
| statement ga falsehood." whereupon the latter
did not draw pistol, but informed the Missis-
sippi Senator that only the fact that they were
| in tho Senate prevented him from denouncng
| Mr.. Lamar as "a black guard coward and liar.n
| The rcioinder 10 this reitcraton OF the
offensive language, with "a mock apology for
| IL to the Senate ending thus " 1t was such as
| no good man deserves. and no brave man
woud bear" The closing words could only be
reasonably interpreted as call for challenge
from Mr.. Conkling, and they were universally
SO interpreted, but the New-York Senator, who
would never be suspected of a lack Of physical
courage was able to treat them with silent
contempt.
But, il will be said, Mr.. Lamar is an amable
man. II is by no means unusual. as every man
Of tho world knows. to find just such qualities
as Mr.. Lamar exhibited here In unison with
amiablc characteristics. Amable men were
pnty of atrocious wickedness in connection
with slavery Amisble men were guilty Of
bulldozing, with all its meanness and cruelty,
or consented TO il, as Mr. Lamar did Amlable
men Justify these things to-day. MIR. Lamars
actions prove him to he Unbalanced, with an