The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-27
SEATTLE. MONDAY. JUNE "a.
NOT A NARROw-MINDE PARTISAN.

NOT A NARROw-MINDED PARTISAN.
President Harrison has proved that he
is not a narrow-minded partisan by his
appointments of eminent Democratic
lawyers to the federal bench. He is not
the first Republican president who has set
this example of broad-minded statesman
ship. President Hayes appointed David
NJ. Key, who voted for Tilden for presi-
dent, to the United States district court
for Tennessee. and President Arthur APP
pointed Emory Speer. Democrat. to the
United States court of Georgia President
Cleveland during his official term filled all
vacancies by the appointment of dyed-in-
the-wool Democrats. He placed Fuller,
an old-time copperhead, who voted for
resolutions denouncing President Lin
coins emancipation proclamation, and
Lamar, a rabid "Jeff Davis" secession con-
spirator, on the bench of the supreme
court of the United States to the exclu-
sion of far ADLER Democratic jurists who
had been "war" Democrats.
OF Cleveland's fourteen appointments
to the federal judiciary all were Demo-
Gratis, and all Democrats of Confederate
or copperhead antecedents-that is, jurists
committed to the state supremacy inter-
probation of the constitution. Mr. Cieve-
land followed the strict Democratic Bour-
bon practice, which began under Jack,
son, of appointing none but Democrats to
the federal bench. From 1885, when the
great John Marshall, appointed by Presi-
dent John Adams. died and his place was
filled by fancy, no Democratic president,
from Jackson down to Cleveland, ever ap-
pointed other than a hide-bound Demo-
cratic partisan to the federal judiciary.
The result was that the federal judiciary
when Lincoln was inaugurated in March,
1861, was almost exclusively composed of
Democrats, from the United States SUI
preme court down to the United States
district court Of Oregon. the last state to
be admitted to the Union under the
regime of James Buchanan. In 1861 the
United States supreme court was
composed of fancy, Clifford, Camp
bell. Grier, Wayne. Nelson and
Catron. There were two vacancies caused
by the resignation of Mclean. of Ohio
and the flight Of Daniel, of Virginia, to
the Confederacy. The entire bench March
4, 1861, when Lincoln was inaugurated was
conglomerate lump of state sovereignty
Southern Democrats and Northern dough-
face Democrats, save Judge Nelson, of
New York, who was an outspoken Union
ist. This Democratic bench suffered no
change after Sumter in sentiment; the old
doughface and pro-slavery jurists simply
became copperheads. They would not in
old age throw up life place. worth
then $1,000 year, by openly
siding with the Confederacy, but
their priv ate sentiments were voiced by
Justice Clifford, the last Democrat APP
pointed to the supreme bench since 1853
(until Lamar), who was in his own home
the most bitter, pugnacious copperhead in
the state of Maine. Campbell, of Ala
bama, soon left the United States supreme
court in 1861 to join the Confederacy.
fancy died in 1864; Catron retired in 1865;
Grier resigned in 1863; Wayne retired in
1870; Nelson in 1872, and Judge Clifford,
the last of President Buchanan's pro-
slavery Bourbons. retired in 1881, so that
1t was twenty years after Lincoln's inaug-
uration before the United States supreme
court was solidly Republican, save Justice
Field, who had become q Democrat in
name, although he repudiates all princi-
pies distinctively Democratic
or course nobody expected that Cleve-
land would appoint a Republican to the
vacancies that occurred on the supreme
bench during his term. but they had
right to expect that he would appoint
Northern Democrats. who had never been
in sympathy with the state sovereignty
theory of the constitution, but had con-
strued the constitution as John Marshall,
Hamilton, Jackson and Webster had con-
Etrued 1t. But Cleveland, unlike his pre-
decessors. Hayes and Arthur. was a hide
bound. bitter Democratic Bourbon; not a
Northern "war' Democrat did he appoint
TO the federal Judiciary; the only "war"
Democrats he appointed were Southern
"wsr" Democrats, like Lamar and Judge
Jackson, who warred against the flag and
the constitution, not in Its defense.
II Cleveland had been president ten
years instead of four the judiciary OF the
United States would not have = Democrat
in its ranks over 80 years oil age who was
not an old-time copperhead or Confederate.
The contrast of Cleveland's narrowness
with the lberslity of Harrison IS note
worthy. Harrison is not afraid 10 call
patriotic Democratic iurists 10 the federal
bench; men of national feeling: while
Cleveland utterly ignored all the able
Democratic iurists of the North who
stood by the flag; ignored all the able
Southern lawyers who were not original
secessionists but unionists until their states
seeded against their protests, and ap-
pointed 20 the federal Judiciary no one who
wa. not either an original Southern seccs-
sionist like Lamar or an abori ginal North.
eyn copperhead like Fuller and himself The
Republican party is lectUred for sectional
ism, for partissnship, and vet three Re
publican presidents. conspicuous among
whom is President Harrison, have ap-
pointed uuhinchinr Democrats 10 che
federal judiciary. Hayes and Arthur each
appointed an ex-Confederate Democrat "a
the Southern bench and President Harri-