Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-11-25
SENATOR'S NOT ALWAYS
SUSTAINED
BY JOHN T. BOIFEUILLET



that the Governor is personally obnoxious"
to him.
This idea leads another newspaper to re-
mark that, so far as it is aware, the invaria-
BILE custom of the senate has been to con-
firm Immediately tho appointment of either
a senator or an ex-senator of the United
States in open session, without reference to
committee, and regardless Of any opposi-
ton that might be raised. In the light of the
official record, / am unable to agree with
this statement.
1 will here refer to several instances, and
doubtless there are others, where the ap-
pointment of senators and former senators
to the Supreme Court have either not been
confirmed, or only confirmed after vigorous
opposition.
President Grant, in 1878, nominated his
then Attorney General George H. Williams
for chief justice, as Chase's successor. Will
liams was not only a cabinet member, but
he had been president of the American Bar
association, presided over the first judicial
district of Iowa, was formerly chief justice
of Oregon territory, and an ex-United States
senator.
Storms of Protests
When Williams nomination for chief JUS
tce reached the senate it was referred to the
judiciary committee, by which it was first
favorably reported, but was called back for
further investigation and consideration, il
consequence of storms of protests which
arose throughout the country over his name.
In criticism by the New York Bar asso-
citation occurred these words: THE nomina-
ton disappoints the just expectation Of the
legal profession and does not deserve the ap-
prevail Of the people, for the reason that the
candidate proposed is wanting in those quail
ifications Of intellect, experience and repu-
tation which are indispensable to uphold the
dignity of the highest National Court, and
to maintain general respect for the law in
the person of the officer who presides over
it's administration"
In view of the general protests, and at
the request of Williams himself, his nomi-
nation was withdrawn from the senate by
President Grant
Storms of Protests
When Williams nomins lion for chief JUS
tice reached the senate it was referred to the
judiciary committee, by which it was at
first favorably reported, but was called back
for further investigation and consideration,
in consequence Of storms of protests which
arose throughout The country over his name
In criticism by the New York Bar asso-
citation occurred these words: 1.-THE nomina-
ton disappOints the just expectation of the
legal profession and does not deserve the ap-
prevail of the people, for the reason that the
candidate proposed is wanting in those quail
fications of intellect, experience and reputa-
ton which are indispensable to uphold the
dignity of the highest national court, and to
maintain general aspect for he law in the
person of the officer who presides over its
administration
In view of the general protests, and at the
request of Williams himself, his nomination
was withdrawn from the senate by President
Grant.
Stanley Matthews Rejected
President Hayes appointed Stanley Mat
theWs to the Supreme Court, but the appoint
ment was not confirmed by the senate be-
cause of the impression that he was too close
ly identified with the corporations. Soon
after the retirement of Hayes from the
White House, President Garfield nominated
Matthews for a place on the Supreme Court
and, after a strong fight against him, Mat
thews was confirmed by a majority Of only
one vote, the ballot being "a to 20. Matthews
had served with distinction in various pub
lie positions, and was ably serving in the SEN
ate at the time of his appointment by Hayes
as an associate justice.
Lamar's Close Shave
That eminent statesman, l.. Q. G. Lamar
of Mississippi, was nominated for the Su-
,preme Court by President Cleveland in 1887,
upon the death of William B. Woods of Geor-
gia. Lamar had gilded the pages Of history
with his splendid genius, brilliant oratory,
and the glory of his fame as a United States
Senator for ten years, from 1875 to 1885.
He was secretary Of the interior in CleV =
lands cabinet at the time of his nomination
as associate justice. He was the very en-
bodiment Of southern chivalry. Opposition
was raised in the senate to his appointment,
but he finally confirmed by the close
vote of so to %. Lamar possessed the dis
tinction of being the first Judge on the Su-
preme Bench who had served in the Con-
federate army.
Crittenden Lost Out
Because of party feelings and party poll
tics the appointment by President Adams Of
former Senator John J. Crittenden, OF Ken
lucky, to the Supreme Court failed Of con-
firm alton by the senate. He was one Of the
most eminent lawyer and distinguished Whig
statesmen in the United States. The Demo-
cratic senate on February 18th, 1929, by
a vote Of % to II, declared that it was in
eXpedient to act upon the nomination." A
month prior to this adverse action Critten-
den wrote to his close friend, Henry Clay,
these words: "Whatever may be the fate of
my nomination in the senate, l am prepared
to bear it with becoming fortitude and resig-
nation, though in rejection there is a taste
of dfshonor which my nature revolts at"
Congressman John Chambers, of Kentucky,
made this written comment to Crittenden,
shortly before the senate acted: 'What a set
of corrupt scoundrels, and what Internal
precedent they are about to establish. We
still hope that there sufficient number
Of Jackson senators to carry the nomination,
who will rise above the disgraceful and de-
grading party feeling, which would snatch
from the present executive the power Of ap-
pointment"
the Supreme Court vacant in order that it
might be filled by Jackson, who was soon to
be inaugurated president. He appointed Nc
Lean, who was confirmed.
Senator Badger Loser
George E. Badger, of North Carolina, was
a brilliant and highly esteemed Wing mem
Der of the senate in January, 1853 when
President Fillmore nominated him for the
Supreme Court, and it was generally believ-
ed that his cOllea CUES. the ma iOrity of W.hOm