The morning call., 1893-02-04
JUSTICE LAMAR's SUCCESSOR.

The New York ECeHiHg Post recently
quoted President Harrison as saying that IL
was his intention to fiji the vacancy caused
by the death Of Justice Lamar, giving as
reason for not leaving the appointment to
Mr.. Cleveland the fear that Mr. Cleveland
would appoint a SeCeSSioniSt. New YORK
Democratic papers considered this appre-
hension as absurd. The Times said that
there was no man living whose views on
the question of secession would be OF real
Importance. The nomination Of Judge
jackson of Tennessee raises the question
whether the nomination of an original
secessionist and State-rights man IS so
harmless A matter as Democratic papers
seem 10 think. The personal fitness oil
Judge Jackson is not questioned lie IS
repufed to be able and honest So were
great many Of the men who took up AIMS
against the United States Government in
1861. So was Chief Justice fancy, who
wrote the bred Scot decision. So was
James Buchanan, who held that the States
mad no right 10 secede. but could find no
authority in the constitution TO prevent
them from doing What they had no right to
do Other men succeeded Taney and Blu
chanan, who held that shareholders had no
constitutional right to take slaves into
United states territory. and that if States
tried TO secede the Federal Government had
the right TO prevent such secession. The
nation has accepted the views OF these sue
cesSors of fancy and Buchanan. The
/ question then IS if the court whose chief
/ duty it is to interpret the constitution
/ should be composed Of men who think as
! fancy and Buchanan thought, or of men who
T. 7 In nd n p
unlonists thought?
1t is true there is no actual question OF
secession before the people. # is we'll
known that there is a remote purpose or a
latent desire in the Southern mind to ap-
/ peal from the decision reached IN 1865.
But there is a marked difference between
the views OF Republican leaders and Demo
/ cratic leaders on the question of State
/ rights. This differences crops UP at every
/ opportunity. Il was behind the movement
/ Of Tammauy against Fedora quarantine
/ law The Federal authority, it was held,
4 could only act as an ally or assistant Of the
! Safe authorities. The Federal Govern
/ ment could not enforce laws which the
/ State authorities did not approve. State
/ rights necessarily Involve the right 70 Sc
/ cede when the Federal Government eXer-
/ cises powers tie State considers us own.
/ The State can get redress in no other way.
/ Questions arising between the State and
! the Federal Government are taken to the
! Supreme Court for final adjudication.
/ What the Supreme Court says is law is
/ law for the time being. The appointment
! Of a Syate-rights Democrat to the Supreme
/ bench comes upon the eve of a Democratic
/ administration. harrison has had four APP
pointmeDts TO the Supreme bench during
lis term and Cleveland may have as many
/ or mere. Chief Justice Fuller and Judge
/ jackson have, in the ordinary course Of
/ events. many years Of service before them
Justice Field VII probably retire before
! long. but will be replaced with Democrat
Other vacancies that may occur will BIZ
among Republicans The nomination OF
Jacks has made it probable that at the
| close Of Mr.. Cieyeland's Presidential tern
/ the Supreme Court will be composed Of q
/ majority Of State-TiChts Democrats.