New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-03
THE QUESTION OF FITNESS.

THE QUESTION OF FITNESS.
The rumor- mongers insist that one or more
Republican Senators are in favor of confirming
MIR. Lamar on the ground that the President
will be responsible for the appointment and
should be allowed to have his own way to Dc
Judged later on by the people. Ii this means
that Republican Senators ought TO conhrm
unfit appointments In order to iasten odium
upon the President, it is an ignoble view to take
of their duties. and one without any decent
precedent or authority of any kind. III IL
means that the President is alone responsible
for appointments, and the Senate should as
matter Of course acquiesce in any selection nc
nav choose to make, it is contrary to all usage
and to the language of the Constitution, which
calls for the "adyce' rs well as the E" consent
of the Senate. The President has, perhaps, the
chief responsibility, as he takes the lnltla-
tive but the responsibility of the Senate IS
nevertheless great, and cannot be evadcd.
There are certain appointments recognized rs
purely personal, such as those OF Cabinet OIL
Gers. which tho Senate is accustomed to confirm
rs a matter of course but it would be childish
to argue. therefore, that Mr.. Cleveland, whose
term expires in little moro than Twelve
month. should be allowed to control absolutely
n life appointment. If there be any Senator
who would vote to confirm nomination ne
believed unfit simply because he Thought IL
would hurt the Democratic party to have IL
confirmed. he is out of place in that exalted
body. He ought to belong to the Now \ ork
Hoard of Aldermen We do not believe there
is any such Senator.
The question of professional fitness is one
Of the highest importance to be considered by
Republican Senators who think of voting Tor
Mr.. Lamar, if there be any. The Supreme
Court Is the pride of the American people.
During the period Of Republican ascendancy it
has been maintained at high standard for
ability and learning. A mere glance at the
records of the Justices now composing the
court will illustrate this. Chief Justice Waite
stood in tho front rank of his profession. He
had been ono of the Government counsel at
Geneva, and was president of the Ohio Con-
stitutional Convention when appointed, but he
was chosen 10 both of these places as a lawyer,
and not as a politician, which he never was
and it was for his achievements as lawyer
that he was made Chief Justice. Justices
Field, Batchford and Gray had especially dis
tinguished themselves upon the bench before
they were promoted to the Supreme Court.
Justices Miller. Bradley, Harlan and Matthews
were among the leaders Of the profession. Ii
seems almost a cruel chance that forced Mr..
Lamar into a comparison with these men. The
business of his life has been politics. In the
Senate or at the head of the Interior Depart
ment he made. no doubt, fair representative
of his party. But We look for something more
than politics in the Supreme Court Judge. Men
who know Mr. Lamar's whole career say, when
they are asked what his legal record is, that he
has none. His friends cannot point to single
case of large importance in which he was
counsel He has never been upon the bench.
1t is said, and not denied, that he never made
a living at the bar, that the law was "a side
show with him. GA sidc-shOwW This is a
handsome recommendation, indeed, for Su-
prcme Court Judge. II Mr.. Lamar is con-
irmed, the President would be justified in
thinking that the Senate was ready to have him
fill the vacancies among the Generals in the
Army with secondlieutenants.
We cannot believe that Mr.. Evarts, who is
himself one Of the most distinguished lawyers
in the country, favors confirming lawyer of
the grade of Mr.. Lamar. II is difficult to see
how he can do it without giving the lie to all
the Republican party has ever said OF the re-
auircment of competency in public servants,
and of the wickcdncss Of the crimes against
liberty TO which Mr.. Lamar owes all his success.
Senator Sawyer Is no less Republican than
Mr.. Evarts, though he has not the professional
interest in the nomination that the latter has.
Mr.. Sawyer is surely in favor of keeping up
tho high character of the court, and he GER
tainly cannot be in accord with the Northern
douch-f nces who snecr "bIoody shirt when
ever any one talks of political murders in the
South, Just as the dough-face OF past gen.
Grafton used 10 meet all denunciations OF slav-
cry with sneers against "Abolitionsts." Ben
ators Cameron. Sabir and Mitchell ought to
stand with tic Republican party, and not with
tho Democratic party. All OF these
gentlemen should remember that they
have a wider constituency than the
narrow circles Of Washington. with
tho social influences that are apt 10 abound
there. Republican Senators arc not elected