The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-17

PREVIOUS REFLECTIONS. *
xecknam and Hornaaawer Had 1ilGs-
trieas fresi~c~ssers i'm Defeat.
The rejection of William n. Horahlasler
and Wheeler III. Feckham. nominated by
President Cleveland to be supreme hss-
sice. hss oecasioned much comment. hut
= not unprecedented. IL has always been
difficult for politician who is NOT in good
standing with his party 20 be confirmed
rs supreme justice. Nominally such a
one Is opposed as Incompetent or lacking
experience. On this ground the fght Was
urged against Hornhio~er. and Ia a less
extent against feckham. but Chief Jus
tiee Fuller Is not greas lawyer, while
Peckham is.
The earlier presidents had no diffieulsy
in the matter OF appointments To sha
supreme bench. Washington nominated,
all in bunch, the members Of the court
as trst constituted: John Jay. of New
York, 10 be chief justice. and John Rat.
ledge. OF South Carolina: James wison.of
Pennsylvania: William Cushing. Of
Massachusetts,: Robert Ii. Harrison. Of
Maryland; John Blair. OF Virginia, to be-
sssociate judges. All of whom were con-
tirmed by tho senate two days after tho
nominations were received by that body,
= Y
John Quincy Adams appears to have
been she first president who ..struck .
snag" in the senate with one of his nosnl-
nations for position on. the supreme
heach- That was only few weeks before
Mr.. Adams term expired. lie sent TO tho
senate December Il, ISIS. the nomination
OF John J. Crsttendsn. of Kentucky. 20
succeed Robert Tfimbie. of Kentucky,
then recently deceased. The nomination
of Mr.. Crittenden was held us In the SEN
ate until the lean OF February. 1se9. barely
fortnight before President Adams was 10
vacate ofiice himself and give way to An
drew Jackson. On that day the senate
postponed the nomination Of Mr.. critten-
den by rcsoiution: That IL ~ not ex-
pedient TO act upon the nomination OF
John j. Crittenden as a justice OF the su-
preme court Of the United States during
the present session Of congress.
President Jackson nominated Roger II.
Taney to be associate justice. and the sem
ate refused 10 confirm him, but only be-
cause Of dissatisfaction with tho then
existing arrangement of the circuit courts.
In the same year the president nominated
Taney TO be chief justice in place Of Mar
shall and he was confirmed.
President Tyler had trouble about two Of
court OF the United States. These were
John G. Spencer and Reuben II. WAL
worth. both OF New York. who had been
nominated to be associate justices in place
of Smith Thompson, deceased. Both Of
these names were twice sent to the senate
for this Office aud both wero twice with.
drawn by the president spencer had been
twice previously confirmed by the senate,
sirst ~ ssecretary Of war. ln place Of John
McIsain, Of Ohio" who declined accepting
the same, and the second time hs was
nominated to be secretary Of the treasury,
in place Of Walter Forward, resigned"
For secretary Of war Mr.. Spencer was con-
tirmed without opposition, but for secre-
tary Of the treasury he had "a close
shave" and was confirmed by q majority
OF only two in . total vote Of forty-two
senator's. His nomination to b associate
justice was contested sharply in the senate.
and was finally rejected by i've majority
in q total vote Of forty-seven senators.
Reuben II. Waiwerth Was not actually re-
jected, bnt the action Of the senate uron
his case seems to have been almost as Of
fensivc as il was In the case OF Spencer.
President Tyler sent to the senate this
message:
81 have learned that the senate has laid
on the table the nomination, heretofore
made. Of Reuben IL. Waiworth TO bo asso-
clate justice of the supreme court, in place
OF Smith Thompson, deceased am In
formed that large amount Of business
has accumulated In the Second district,
and that the immediate appointment of q
judge Tor that circuit 10 essential TO tho
administration OF justice. Under these
circumstances feel it my dnty 10 With
draw the name Of Mr.. Waiworth, whose
appointment the senate by their action
tx.s
hope that another name may be more se-
ccptable. The circumstances under which
the senate heretofore declined TO advla3
aud consent TO the nomination OF John q.
spencer have so far changed as 20 justify
me IN again submitting his name To thsir
confederation. l therefore pominate John
e. Spencer, of New York, 90 be appointed
an associate justice of the supreme court.
in the place Of Smith Thompson. de-
ceased"
But Mr.. Tyler was in error, and finding
that to be so he Immediately withdrew tho
Spencer nomination, and TN tho same
message again sRbialtted tho nomination
of Waiworth the second time. That was
on the last day Of the first session Of tha
congress and the senate adjourned with
ont action upon the walsorfh nomiua-
tlon. aud. under the rules Of tha senate.
that nomination died. On the first day OF
the next session the first nomination sent
TO the senate by President Tyler was that
OF waiworth. The senate allowed the
nomination TO sleep in its committee on
the judiciary until two months had
elapsed, when the president sent a message
| TO the senate again Withdrawing ths
nomination of Walworfh and nominating
| In his stead Samuel Nelson, who was
| promptly confirmed
| George W. Woodward, OF Pennsylvania.
| nominated 70 be associate justice by rrssl-
dent Polk, was rejected by the senate after
| prosracted debate.
| +. A. Bradford. Of Louisiana, nominated
| BY President Fillmore TO succeed John
| Mckinley, deceased, Was s.tahged'' on mo-
| ton OF Mr.. Bayard, and thus defeated;
| st the following session Mr.. FfIi-
more sent In shs name Of another person.
| John A. Campbell. Of Alabama. who was
confirmed without opposition In the sem
ate.
/ President buchanan tried TO place Jers-
/ miah s. Black on the Supreme bench. aoEn-
| mating him therefor ON the 5th OF Feb
ruasy. iS3i- Judge Rack had only re-
Gently been nominated and confirmed 10
/ De secretary OF state Of the United states
IN place Of Lewis Cass. but the nomina-
| ton vas put OF by diIasory tactics in toe
senate until within about ten days Of sIss
| close Of that session Of the senate and also
/ the close Of Mr.. Eaetanan's tertn Of afIlce.
/ when by q direct vote by yeas aad mars ia
| the senate that body Fe5ueef 20 consider
j Hat An a. ~fxx1.