New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-04
REASONS WHY He SHOULD BE REJECTED.
GIVE HIN AN OPPORTUNITY TO STATE HIS PREsENT
OPINION OF TIRE EDMUNDs RESOLUTION.
fpY TELEGRAPH TO THE TRi3CNE.1

OPINION OF TIRE EDMUSDs RESOLUTION.
fDY TELEGRAPH TO THE TRi3CNE.1
WASHINGTON, Jan. B." The responsibility OF
confirming rejecting the nomination or Mr..
Lamar as Associate Justice of the Supreme Court,
said prominent Republican ex-senator, rests
with the Republican Senate. The Senate cannot
possibly mistake the temper or Judgment OF the
loyal people Of the country upon this question.
The fact cannot be disguised that they are earn
estly and strongly opposed to the continuation Tor
reasons entirely free from partisan prejudice"
They do not oppose his confirmation because bir.
Lamar was in the forefront OF the conspiracy
and rebellion against the Government or because
later on as charged against him, he invented or
Organized and set in operation the MISSISSIPPI
Plan which at one time involved the entire
Sonth in its mesh-work of fraud. bafDarIty, ana
blood or because he distinetlvely belongs 10
the ranks Of partisan politicians from which goou
Judccs are rarely if made but because there
are still strong grounds upon which 10 oase such
opposition, and which are alone saicgnc TO VIII thc
rant his rejection for all time from place on thc
Supreme Bench of the United states. incy arc:
first that he has not the requisite quallncatIohs
n Judra. he is not lpcrenccd or learned in the
law and his elevation TO such place wouia e,,sae
en- the character oil the hien .Uur ~ ,Ie Smcr
lean bar Second. he is not loyal TO the consul
tution Of the United States as II now IS; ann 'nr
nroof Of this is duly enrolled in the Capltol OF
VII" lie does not believe in the constitutional
cons;s,s in leyving war against them, or IN adhe
ring to their enemies giving them ald ana comfort
II he is an honest man and qnali'ea as I .a
for the position. he not. only acted upon MS ]ndg
mcnt as lawyer. but upon his honest coi,N @
when in the Senate of the United SialeS So, ion's
after the war was over. under the Obligations c'
a solemn oath. he declared TO the world Nv ms
recorded vote that the With, NlFth and WIN
Amendments to the Constitution arc lnvahd ana
not binding upon the American people as a part
Of that sacred instrument
LET HIM STATE HIS VIEWS PUBLICLY
sWhat oath shall he take that will bind
him to another and entirely different opinion on
this subject? Has he changed his views on tins
question Of the validity of the amendments Il
so let tln committee having tins matter IN charge
respectfully invite him before them and let nm
so statc if he has. that the fact may he known 70
the people Let the Edm9nds resG say n pr tb
subject Mr.. Lamar is alone resncnSIpe i"r nm. Inns
recorded opinion of dsoyalty TO the w
That he was honest in that opinion sc no rooii'
for doubt and having thus dsqualit"d hmscil LOT
Justice Of the Supreme Court ne nas on no noItra
friends if he shall be rejected nv the yotcs OF a
Republican Senate. loyal to those amendments
and to the Constitution as it is
In the face of such a record what else can re
cxpect? It may not operate against has quailil-
cations for an elective Office, but It should n my
of the Milton, a guardian Of the CONSTITUTION as
the supreme law of the land In the liGht or TINS
Senate confirm without falsfying its traditions
and principle? What justification shall II CIV, I've
IN thr penpe for Such an act l'oes any one ne
levc that the loyal people Of California and Nc
vada. Of Colorado Minnesota, Wisconsin ard Now
York some Of whose Senators are Reported as IN
tending to maintain this confirmation, VIII sustain
snch action, Can they be deceived wv the re-
perted subterfuge and the new philosophy oi
morals that it is better to have bad Judge thai
is short lived than to take the chances OF one that
NAV hc long lived. The people are net vet road,
fbong the Senate shond be. to give one month
Of the iudicial power Of the Supreme Court of this
Nation into the hands of any man. North or South.
Fast or West whether he fought in the Union or
Confederate army whether Democratic or hcnun-
lican. who las declared the grandest prov'SirilS
of fbe Constitution invalid IL is NOT vet Tor
gotten that Republican Senate guarding the IN
feqrity of the same court. rejected the NOMINATION.
of Caleb Cushing for Chief Justice npon gronndS
that were insignificant as compared WIN rhoS"
above stated Marshal's name went ~ the sonar"
and was confirmed as Chief Justice. because Wash
jngton and the Senators Of that day ard Generation
knew. him TO be loyal to the new Cnnstl'niloh,
and that his adudications would give IL natlonai
strength for all time. Subsequent events IN VA"
history of this country have iem"nstis'9d inc
wisdom and value of that appointment Ter no
man 90 upon the same court nov mat " nor
ecusIIv LOYAL TO the Constitution of the United
States with all its provisions