The times. [volume] (Richmond, Va.) 1890-1903, 1893-02-16
THURSDAY. FEBRUARY i6. 1893.
SIX PAGES.
THE CONFIRMATION OF JUDGE
JACKSON.

simultaneously with the appearance OF
this article may appear the announcement
that the Senate has confirmed the nomi-
nation Of Hon. Howell f. Jackson to be
n Justice OF the Supreme Court OF the
United States The reflections which we
are about TO submit. however, Will be as
pertinent after his confirmation as before.
President Harrison's nomination OF
Judge Jackson was a mystery when IL
was made. and there has betn no clearing
up OF that mystery yet. That 1t Is, what
on its face IL should indicate. an admis-
sion by Mr.. Harrison that he has hereto
fore been treating the real people Of the
South unfairly and unJustly. and that
he proposed to accord to them hereafter
that fair treatment to which they are
entitled we do not for one moment be-
lieve. That there is something, some
where in the affair. Of sinister portent-
we DO not In the least doubt. III that sin
lister purpose could be disclosed, 1t might
afford good ground for the Democratic
Senators refusing to confirm the nominee.
But, as matters stand. we have heard
10 views which in our Judgment j. stify
opposition 20 his confirmation.
We cannot at all give our assent to the
proposition that the nomination is not TO
be confirmed because made near the end
OF the Presidents term. Mr.. Harrison is
President up TO the morning OF March
4, 1898, with all the duties and RESPONSE
nj IN him nm
TO the last moment OF his official tenure.
Considerations Of decency and good taste
should make him. n repudiated President.
slow to impose upon n people that has
rejected him. officers they have notified
him they do not wish him to appoint.
But. II he chooses TO disregard these, his
official acts in contempt of them must
receive all the recognition that all his
other official acts are entitled to. This
appointment was made one month before
his term ended. II the principle be ad-
mitted that the President shall not ap-
point in the ending OF his administration.
where will the line be drawn? If he shall
not appoint one month before II ends,
why shall he appoint two months
before; and the proposition might be so
extended to paralize the executive alto
gether.
IL seems that there is objection in Judge
gackson's own State. Tennessee, to his
confirmation. A press dispatch represents
this as resting upon three grounds. First
that in. the political contest in the State
- ~
Jackson Internationally advocated full
payment of that debt. This ground of
objection constitutes. in our judgment.
one OF The strongest reasons why he
should be confirmed.
The second and third grounds are stated
to be that as United States Circuit Judge
ne has been strict in upholoing the Fed
eral election laws. and that as such
Judge he held that the United States
courts have Jurisdiction In murder cases
when Federal officer has been killed I'm
the discharge OF his duty. The press
correspondent who sent out the dispatch
plainly made an error In the statement
OF the third objection. What Judge Jack
son held was. that when a United States
officer in .he discharge OF his duty Kills
a man, and is indicted for murder In a
State court. his case may be removed
for trial into the United States court.
But provision for this identical thing
Is made In the act OF Congress. and the
Supreme Court OF the United States has
held that the act OF Congress is consistent
with the Constitution of the United States
IN conformity with the plain and eie-
mantary principles OF the Constitution,
that wherever any one bases a right upon
tho Constitution OF the United States,
or on law OF the United States, the |
the trial of the right may be
had in the United States court rather
than In the State court, and the Con-
sutution would not be worth as much as |
farthing candle without this prin-
ciple. and unless II received full and |
hearty recognition all over the Union.
30 far as the election laws that Judge |
Jackson has infoIced are concerned, they |
are acts OF Congress that the supreme |
tourt has held to be constitutional acts.
Az Judge Of United States court.
fudge jackson has taken an oath TO sup
port and maintain all the laws of the
United States. How he could decline 10
bnforcs these laws and preserve an un-
Iuinsd and unpsrJured mind. We do not
AersalnA - $4,000 A~sAasA AAa~ aAiovs 4