Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-01-04
Senators Were Resentfu1
BY IOHN T. POIFEUILLET

with other contests in that BODY over similar
appointments in the past, was as the zephyr
song to the cyclones sweep.
The most historic and outstanding of bitter
contentious since the Civil war over the nom
ination of an associate justice was that caused
by President Cleveland's efforts to fill the
vacancy created by the death of Judge
Blatchford, of New York.
The senate was then in control of the
Democrats, and David B. Hill was a senator
from New York. and fiery political antagonism
existed between him and President Cleveland
When the president sent to the senate the
nomination of William B. Hornblower, OF
New York, as Blatchfords successor, it was
strenuously and holly opposed by Senator
Hill on the plea of senatorial courtesy.
After contest extending over several months
the senate rejected the nomination by vote
of twenty-four to thirty.
Hill Was Again Victorious
President Cleveland then transmitted to
the senate the nomination of Wheeler H
Peckham, of New York, and Senator Hill
promptly and fiercely turned loose his "sen-
atorial courtesy" batteries on him, and, after
nearly a month of hot fire, this nomination
also was rejected by the senate, the vote
being thirty4two to forty-one, or three more
in opposition thar we're recorded in Horn
blowers case.
ton, President Cleveland gave Senator Hill,
the senate, and the nation distinct surprise
by sending in the name of Edward D. White,
who was at the time senator in active
commission from Louisiana. His nomination
was confirmed the same day as a matter Of
senatorial courtesy" Thus President Cleve-
land neatly turned the position of Senator
Hill, the state of New York lost an associate
justice, and Louisiana eventually gained a
,c+i oil n11oh md
declared at the time that Cleveland solved
the difficulty quite skillfully.
Judge Praised HornblOwer
Hornblower and Peckham had bitterly at
tackled Hill in times past, and he had not
forgotten, it when they aspired to the SUI
preme court. Hornblower, particularly,
a very able lawyer, and on one occasion,
Justice Blatchford remarked to Justice Gray:
81 hope you have as good a man in your
circuit to succeed you, when the time comes,
as we have in ours in Mr.. Hornblower to
succeed me-" 1t was to succeed Blatchford,
deceased, that Cleveland nominated Horn
blower. Senator Villas, representing the presi-
dent, was in charge in the senate of the
nomination of Hornblower, and after the
lection of Hornblower, Senator Hoar, of
sachusetts, urged Senator Villas to ask
Cleveland to send in the name of Horn
blower again, having some hope that the
senate would reconsider it's action in his case,
but before Villas could do this, the president
had nominated Senator White as a solution
of the matter.
Cleveland was not the only president who
selected his own judges regardless of the
recommendations of senators and in defiance
of senatorial courtesy"
Revenge on Attorney General
President Grant upon the advice of his
attorney general, the distinguished E. r.
Hoar, nominated the judges of the newly
created circuit courts without regard to SEN
atorial dictation. This action on the part of
Grant to break down the claim of senators
to. dictate and control judicial nominations
was resented by the senators, and though,
they confirmed the presidents nominations
they cherished deep resentment against Hoar,
and awaited their opportunity for revenge
1t came when Grant nominated Hoar for as
soclate justice of the supreme court and
though he was eminently qualified by talent.
experience and character for the place, the
senate refused to confirm his nomination,
merely in retaliation for his advising the
president he did. He was rejected by
vote Of twenty-four to thirty-three
When the fight raging in the senate
against Hoar, and it appeared that not even
Grants power and influence could save him,
the distinguished James Russell Lowell wrote
a letter to Hoar in which he said: Don't
let your name be withdrawn. Let the re-
lie with the knaves who hate
you for your impregnability and haven't the
courage to say So"
StalWart Statesman Disreearded
There have been senators of lofty mind,
tried and proven in the public service and,
Oh long experience in the practices and pro-
cedure OF the senate, who have maintained
that senatorial courtesy negatives or Multi
fles the presidents constitutional right alone
to make nominations; that the constitution
does not contemplate that the "advice' OF
senator's shall be obtained before a formal
nomination is presented to the senate for its
consent"
There was not a more stalwart Republican
han Senator Shelby Cullom, of Illinois. On
one occasion he was exceedingly anxious for
warm personal and political friend of his
to be appointed to a judgeship in Chicago,
and urged President Mckinley to thus favor
him, but the president ignored the request
and named Judge Kohlsaat
Did Senator CuIlom become resentful, and
invoke senatorial courtesy to obtain the
rejection of Kohlsaat's nomination? No, in
deed. But, on the contrary, he said:
81 did not see fit to make the exercise Of
President McKinley's rightful and constitu-
tonal prerogat1ve reason for breaking off
my friendly relations with the administra-
ton, with whose principles 1 was in full
accord"
Roosevelt Made Foraker Angry
Inc celebrated Senator J. B. Foraker, of
Ohio, earnestly desired President Roosevelt
to appoint Judge John L. Adams, iurist of
eminent qualifications, to the judgeship of
the southern district of Ohio, in which Sen
ator Foraker resided. Foraker was the senior
senator from Ohio, and a member of the
judiciary committee of the senate before which
the nomination would come, and it was gen
orally believed that Roosevelt would accede
- the ueslres or Foraker. But the president
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