ue. 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.

Chief Just