The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-10
THE CONFIRMATION OF LAMAR.

THE CONFIRMATION OF LAMAR.
Stewart, of Nevada. in Amazing Apology.
Says He VIII Vote for It.
Washington Special.
Senator Stewart. of Nevada, has written q
letter TO one of his constituents. declaring his
intention to vote for tho confirmation of Mr.
Lamar as Justice Of the Supreme Court Of the
United States and giving his reasons therefor.
The Senator acknowledges the receipt of many
letters, publications and resolutions of leagues
and clerks to vote against Lamar, for reasons
which seems to him irrelevant Mr. Stewart
/ says:
"a person to be fit for Justice of the Supreme
Court must be good lawyer. . man of higk
character and attached to the principles of the
| Constitution of the United States. In view OF
the blood and treasure poured out and expanded
| to preserve the Union, defeat nullihcation and
secession, aud secure TO all men equsl rights
| before the law, / regard it
| of the first and essential qualifications
| OF Justice of the Supreme Court that he
should bear true faith and allegiance TO the
| Constitution of the United States. and that he
| should entertain no doubts of the validity and
binding force of the three reconstruction amend
ments, abohshing slavery, establishing perpetu.
| al union of the States and extending suffrage
and equal rights before the law to all American
ciJizens.
| s.When Mr. Lamar's nomination was first sent
| to the Senate l conversed with many Senators,
and found little or no opposition. It WAS gener-
ally conceded that the time had arrived when
the South must be represented in the Supreme
Court, as in every other department of the gov
ernment; that nearly quarter of a century had
elapsed during which time representative
Southern man had been appointed a Justice of
the Supreme Court; that the late Mr. Justice
Woods. although appointed from the South,
was bora and reared in Ohio, and entered the
Union army from that State. and Mr.: Justice
Harlan, although a resident of Kentucky. was a
Union man during the war, and never partici-
pated in the views of the Constitution enter
tanned by the great majority of the SoutherE
people
When q member of the Senate in the wear
1874, my attention. with that of many other
Senators, was attracted to MIR. Lamar by his
eulogy OF Charles Sumner, which thrilled both
houses of Congress aud the country with ad-
mration for Its eloquence, its exalted senti-
nents and its appeal for the restoration of that
lofty and enlarged patriotism which enDraces
both sections of the country. Those who were
most enthusiastic in the praise of that speech
were then the most ardent Republicans, and ]
distinctly call to mind a tribute paid by Hon
George L. Hoar, then = member of the House OF
Representatives and now Senator from Massa-
chusetts. / haveit before me now, in the North
American Review for January and February.
1878, Volume 1876 It is follows: The eloquent
words of Mr.. Lamar, of Mississippi. SO touched
the hearts of the people of the North that they
may fairly be said to have beer of themselvef
an important influence in mitigating the
estraneements of a generation"
Mr.. Stewart refers further along to another
speech by Mr.. Lamar, in which he said: They
1.-THE Southern peopel fully recognizes the fact
that every claim to the right of secession from
this Union is extinguished and eliminated from
the American system, and no longer constitutes
part of the apparatus of tho American govern
ment In word they regard the nav amend
ments to the Constitution, which secure TO tha
black citizenship and suffrage, to be not
less sacred and inviolable than the original char
ter it came from the hands of the fathers.
They allegiance to the latter: they have
pledged their parole of honor to keep the forrner
and is the parole OF honor or a soldier sacredl"
resolution TO the same general effect by ons
of the conventions which nominated Lamar fo.
Congress is also printed. Another reason fof
voting for Lamar, which is not given by Mr.
Stewart in his letter. is said to be on social snt
family considerations. Mrs Stewart WAS th<
daughter of the late Henry y Foote, Senator
from Mississippi, and Lamar was Foote's pro-
tege. Mrs Stewart is for Lamar by large ma
jority
Jones' of Nevada. is also set down for Lamar
caucus caucus. This seems to settle it.
What Could Be Done to Prevent It.
Special the Chicago Times.
The nomination Of Mr.. Lamar for the Supreme
Bench is still entaneled in the Senate machinery
and is the subject of general and increasingly
animated discussion. Such readers nos
familiar with the rules of the Senate may be in
terested in knowing how long "an enterprsing
minority" delay action upon nomination
which majority desire to confirm. An exam
inatlon of the rules of that body. and OF some
precedents under them, will show that there Is
no other limit to the power of a minority to OBJ
struct confirmation than their own forbear-
ance.
There is an an unwrtten rule Of senatorial
courtesy" strictly applicable only to the nomi-
nation of one who is at the time member of the
Senate, the only effect of which is to prevent
the reference of the case to committee for in
quiry and report. The Senate, in such q case.
hai in aad of inf nipp
of its own members. acts without the delay in
cIdent to sach reference. AS Mr.. Lamar was
not Senator at the time he was nomin ated for
the justiceship, the reference of his nomination
TO a committee was not a denial to him or the
benefit of any customary courtesy. The rule
never did extend beyond expediting the consid-
GRAFTON of the appoint tment in the way described;
it always left every Senator free to vote accord
ing to his sense of duty and propriety. So much
for the mistaken idea which seems to prevail
that Senators in this case are In some way en-
barrassed by senatorial usage, based on court
esy. which requires them to vote for Mr. La
mars confirmation.
The present stage of delay is in the judiciary
committee. The Republicans there have ma
jority of one. Mr.. Eyarts is that one. de has
never been offensive partisan except when
he upholding the administration of Andrew
johnson and when he was assailing that OF
General Grant On the llth of January, 1879.
he addressed public meeting held IN Cooper
Institute. New York, Of which John Kelly,
Whitelaw Reid, and Augustus Schel were Of
fcers called to denounce Grant and Sheridan for
interference with White League revolution in
Louisiana McEnery, the leader Of the insurgents
telegraphed from New Orleans to that meeting
that his followers would not ''be goaded into q
conflict with United States troops and that
.'Sheridan's slanders would be refuted." At
stage OF the proceedings, under the influence OF
an especially brilliant flourish of wrathful
rhetoric by Evarts or somebody else. the men
tion of the name of General Grant, then Presi-
dent of the United States. greeted with
cries of .Hang him!v fSee daily New York pa
psrs of Jan II 1881 Mr.. Evarts afterward. in
October 1876 made a commercial speech before
the commercial men of New York in favor or
the Republican presideu tial ticket. IN consldera-
tion of which he was allowed. during four years,
TO aid the commercial administration OF Rutaer-
ford b. Hayes in dishing out political water-gru-
ei to the babes of the Republican party, and IN
exalting the mon who were opposed to IL
These antececents ara mentioned by way OF