Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-02-02
THE SUPREME COURT VACANCY.
a Passage of History which President
Harrison May Study 10 Advantageous
Room For GrasPinG Partisanship.

Harrison May Study TO Advantageous
Room For GraspinG Partisnnship.
N. Y. Evening Post.
The death Of Justice Lamar Of the
United States supreme Court occurred
within less than six weeks If the end of
President llarrison's term. There is natur-
ally discussion as TO whether the retiring
President will attempt 70 appoint his sue
cessor, and as TO his choice in case he
should decide to make the attempt.
Mr.. Harrison la. already filled three
vacancies upon the -ipreme tcnCh. A
marked characteristic pl his action in each
of these cases has brcn its extreme delib-
Grafton. Take. for example, the last such
appointment. Justice bradley tled on the
22d of January, lS32---a year almost TO
day before Mr. Lamar. The nomination
OF his sIcCussor, ShirRs, was not sent to the
Senate until the lUth of July tpllIwing--a
period of SIX months. This, too, although
the court had been in session nearly all
this time and in Urgent need Of the assis-
lance which a new appuinlec could render.
II wonld therefore be quite ont of line
with his previous record in regard to such
important appointments if Mr.. Harrison
were now to name man for the existing
vacancy olfhaud. There is no excuse for
indecent haste in the condition Of judicial
business, rs the court will shortly adjourn
for the annual February recess and will
not meet again before the expiration of
Mr. Harrison's term. No public interest
therefore will suffer if Mr.. Harrison fails
to take action in the matter.
There is no room for argument as to the
character OF disappointment which should
be made, whichever President makes it.
The supreme Court should represent, as
fairly as possible both parties and all sec
tons of the country. The death of Lamar
leaves only two democrats on the bench,
against six Republicans. 1t is perfectly
obvious, therefore HAT the new appuintee
should he a Democrat OF the eight sur
yivlng justices there are three representa-
tiHes of the eastern part of the country
Gray of Massachusetts. Blatchford of
New York, and shiras Of Pcnnsvlyania),
three of the interior Brown of Michigan,
Fuller of Illinois, and Brewer Of Kansas,
one of the extreme west (Fied of Cali
formal, and only one of all the southern
states ClIarlan of Kentucky. Moreover,
this sole appointee from the south always
lived on the northern border OF the sec
ton. was meyer in sympathy with the
dominant party, and is in no proper sense
a representative sontherner This makes
it the more essential that l.amar's successor
should come from the same circuit, which
includes the states of Georgia. Florida,
Alabama, Mississippi. Louisiana and
Texas. Any fair.nindei man will admit
that the existing vacancy ought TO be
filled Ivy one of the ablest Democratic
lawyers in that tier of states--a man like
Congressman CulbertsOn of Texas, for ex-
ample
II necessity required the immediate fill
ing Of the vacancy, Mr.. Harrison might
properly follow the honorable example
which he set year ago i'll naming Demo-
Gratis among the judges of the new appel
late courts by picking out representative
Southern Democrat as Mr.. Lamars sue
cessOr. But as we have already said, there
is no such necessity, nor, indeed any adj
vantage to the public service to be derived
from an immediate appointment. Under
the circumstances, therefore, he should
not take any action in tho matter before
the 18th Of March, but leave the decision to
the president-elect. ii he should attempt
such an unfair performance as the nam
ing of a Republican, and thus try to make
the highest judicial tribunal consist of
seven Republicans to two Democrats, just
after an election in which the country has
pronounced so strongly in favor of the
Democracy, the nomination ought not to
be confirmed.
There is an interesting precedent bearing
upon the present situation. John Adams
viewed the Democracy of 1901 with quite
rs much horror as General Harrison re-
CARDS the Democracy of 1893. The accession
Of Jefferson to the Presidency seemed to
HIM an event so full of peril that he saw
no hope for the nation except III his filling
every possible Office with a good Federalist
| before his own term ran ont. His scan
dalous conduct and the verdict of history
upon it, are thus set forth by Schouler in
| his volume upon this period:
| Adams showed his successor the grossest in
delicacy 10y the final appointments OF his
noarly expired term. All the offices under the
| new Judiciary and Distrtcl of Columbia acts,
| every executive vacancy upon which he could
lay hands W 10 the last moment, he filled for
| the advantage OF his own party, und so as to
| leave as littlo patronage as possible TO the in
| coming administration. Federalists many of
| them implncable opponents of Jefferson and
| tho Republican (Democratc) party, we're
| selected; those for the leading places to hold
| for life, aud many Uthsrs tor periods longer
| than the next Presidential term. This execu-
| tive action confOrmed of course to the wishes
| OF the Federalists In Congress. A great NUM-
| ber Of Important nominations were sent to the
| Senate March I'd, and confirmed in the closing
! hours Of the session.
At midnight of March Sd, when the term of
the Adams administration lawfully expired
| the Secretary OF State and his clerk were found
| making out commissions by candle light; and
| upon Marshalls table lay n number CT tho dog
| unsnts the;ne&t morning, which bore tho late
! Presidents signature, but which tho secretary
| had not tInD 10 cOuntersign. Aud the sunrise
| Of March 9Th saw the eN-'resdent Fastening
out Of the wooded clptal by carriage in no
| philosophical frame OF mind: and, a last af-
| front to the incoming administration, COM
mencing his homeward journey To Quincy on II
day and at an hour which must have precluded
tho decent decorum of giving his personal at
tendance at tho inaugural ceremonies OF his
official successor,
Mr. Harrison may study this passage OF
history with advantage. The nation is in
no mood i'll 1898 for repetition of the
grasping partisanship which disligured the
close Of Adams administration in 1901.
The President who should attempt it and
the party which should sustain him would
| only still further dscredit themselves with
the people. who only two months ago re
iected both President and party by an
Overwhelming majority