The herald., 1894-02-17
AYES.

Paired for Peckham: Camden, Cor
don, Mcmillan. Smith. Morgsn-5.
Paired against Peckham: Dubois,
Jones of Nevada, Quay, Vance, VOL
cott-5.
Absent without pairs: Colquitt,
Sherman.
Colquitt released Wilson, who voted
against confirmation, and Sherman re-
leased Brice, who voted for confirm
alton.
For confirmation: Democrats, %.
Republicans, 8; Populists, 1-32.
Against confirmation: Democrats. Is; /;
Republicans, %; Populists, 3-41.
Paired for confirmation: Democrats,
A Republicans, l.
Paired against confirmation: Demo
Gratis, l Republicans, 4.
Absent and impaired: Democrats, 1 !;
Republicans, /.
The proceedings OF the executive ses-
sion prior to the taking of the vote con-
sisted entirely of speech making, Vilaa,
Mitchell of Oregon, George and Gray
speaking for confirmation, and White of
California and Hawley against it. All
the addressee, except those of Villas and
George, were very brief, and consisted
mainly of explanations of the votes of
the speakers.
Villas spoke two hours, devoting him
self to the defense OF the character of
Peckham and the presidents right to
appoint, in a case like that of justice
OF the supreme court, without consult
ing tho senators from whose states the
nominee is chosen. He read extern
sively from letters concerning Peckham,
which had been laid before the judiciary
committee. giving extracts from letters
OF condemnation, as we'll as praise, and
analysed and dissected the letters as he
progressed. Summing up, he declared
the better of the testimony was favor
able to Peckham, and showed him to be
a man deserving of the high honor the
president sought to confer upon him.
Villas also made an explanation of
Peckham's telegram to Judge Caldwell
concerning the receivership of the Atch-
ison, saying his motive in saying Judge
Caldwell's order would not be obeyed
was found in the fact that the Union
Trust company, for which PeckhRm was
acting, was OF the opinion that the order
would place the trust company in the
light of preferred creditor, instead OF
the bondholders for whom it acted.
Senator George discussed the constitu-
tional points involved in the case, and
declared his belief that Mr.. Peckhe
was man entirely fit for the position.
He had given the subject careful consid-
era:lon and reached the conclusion that
Peckham should be confirmed.
White OF California said the selection
of supreme court judge was matter
which greatly interested the people of
California. There was now pending in
the courts a suit involving the owner
ship OF the water front OF valuable
property in that state, and estimated to
be worth 500, 100000. This suit will
eventually reach the supreme court and
be determined by that tribunal. He
had observed that some friends of the
nominee in the present instance were
men interested in the result of these
suits, and while this might be mere
coincidence, it was sufficient to decide
him against the nominee.
Mitchell Of Oregon said he had be-
come convinced from an investigation of
all the facts that Peekham was we'll tit-
ted for the supreme bench. He called
attention to the fact that eminent
lawyers OF New York and elsewhere had
opoken in the highest terms of him. A
lawyer who had personally known all
the supreme court justices for 20 years
and had been acvuainted with Peckham
during that time, has assured him the
nominee was entirely capable of filling
the office. The same gentleman was
quoted az saying he WAS great deal
like the late Justice Miller, firm and
judicial.
The speeches. of Gray and Hawley
were brief, but emphatic, the former
for and the latter against confirmation.
Occasionally there is heard specula-
tion as to what will be the presidents
course in view OF the rejection of his
second nominee for the associate Justice
ship. No one whose opinion is Of valus
will venture to eurmise or suggest a
name. The supreme court is now in
recess and will be until the 9th of March,
so that the necessity for a full bench
will not be urgent until that time.