Autobiography of Seventy Years, Vol. 1-2

by George Frisbie Hoar

"Sec. 2. That the preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitution, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively.

"Sec. 3. That sections one hundred and forty-six, one hundred and forty-seven, one hundred and forty-eight, one hundred and forty-nine and one hundred and fifty of the Revised Statutes are hereby repealed. (January 19, 1886)."

There was some objection to it at first. It was resisted very strenuously to the end by Senator Edmunds. But after full discussion it passed the Senate with few dissenting votes.

In the House Mr. Reed, afterward Speaker, appealed without success to the political feeling of his associates, demanding to know if they would rather have Mr. Bayard, who was then Secretary of State, than John Sherman, who then happened to be President of the Senate, for President of the United States. But the House, also, by a large majority, passed the measure.

CHAPTER XV PRESIDENT CLEVELAND'S JUDGES

I earnestly supported William B. Hornblower against the opposition of Senator Hill, when he was nominated by Mr. Cleveland for Judge of the Supreme Court of the United States. I was then on the Judiciary Committee. I made very careful inquiry, and had reason to believe that the best lawyers in New York thought highly of him. Judge Gray told me that Mr. Hornblower had argued a case in the Court not long before, and that as the Judges walked out Judge Blatchford said to him: "I 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."

I did not, however, support Mr. Wheeler H. Peckham. The newspapers circulated the story extensively that—to use the phrase of one of them—I "led the opposition." That was not true. I expected to vote for Mr. Peckham until just before the vote was taken. I had communicated my expectation to support him to Senator Vilas, who had charge of the case. I thought before the vote was taken it was my duty to tell him I had changed my mind. So I went round to his seat and told him. Nobody else knew my purpose till I voted.

I had no political sympathy with Senator Hill, still less with the claim often imputed to the Senate by writers of newspapers, but of which I have never seen the slightest evidence, that Senators have the right to dictate such appointments. But I thought Mr. Cleveland ought not to have made such an appointment without consulting Mr. Hill, who was a lawyer of eminence and knew the sentiment of the majority of the Democratic Party. Mr. Cleveland had nominated in succession two persons to an office which ought to be absolutely non- partisan, who belonged to a very small company of men devoted to his personal fortunes, who had bitterly attacked Mr. Hill. I should not, however, have deemed this objection sufficient to justify a vote against Mr. Peckham, but for the fact that I became satisfied he was a man of strong prejudices, with little of the judicial temper or quality about him, and quite likely to break down under the strain of heavy responsibility.

I urged Mr. Vilas to ask President Cleveland to send in the name of Mr. Hornblower again, having some hope that the Senate would reconsider its action in his case. But President Cleveland solved the difficulty quite skilfully by sending in the name of Senator White of Louisiana, a most admirable gentleman and Judge, and afterward, when there came another vacancy, that of Rufus W. Peckham of New York, both of whom were confirmed, I believe, without an objection.

I just referred to Senator William F. Vilas, of Wisconsin. I should like to put on record my great esteem for his character as a man, and the excellence of his service as a Senator. He was on the Judiciary Committee while I was Chairman, and also for a time when his party had the majority. He was industrious, wise, conservative, courteous, and fair, a most admirable lawyer, full of public spirit, well acquainted with the mechanism of the Government, and doing always much more than his full share of the work of the Committee and of the Senate. I hope the country may have again the benefit of his great ability in some department of the public service.