Page:The Green Bag (1889–1914), Volume 01.pdf/207

182 in the Senate, however, was such as to arouse strong opposition when, in 1881, his name was sent to that body to be Associate Justice of the Supreme Court.

Admitting his abilities as a lawyer, it was argued that he had displayed such a lack of knowledge and judgment upon many important public questions as to make his elevation to the court of last resort highly injudicious and, many claimed, even dangerous. It was also felt in many quarters that his nomination by President Hayes for so high a judicial office was very unbecoming in view of Mr. Matthews's active participation in removing the objections to Mr. Hayes's inauguration. These objections, backed by the strong opposition of Senator Conkling, prevented a confirmation of the nomination. It was renewed by President Garfield soon after his accession. It was held under consideration by the Senate Judiciary Committee for weeks, and on May 9 was reported adversely. Curiously enough, the only vote for a favorable report by the committee was said to have been cast by Mr. Lamar. Against confirmation were arrayed, it is said, Messrs. Edmunds, Logan, Ingalls, McMillan, Davis of Illinois, and Bayard. But when the report came up before the Senate in executive session, on May 12, the nomination was confirmed by a vote of yeas, 22; nays, 21. The affirmative and negative totals were about equally divided between the two political parties.

After his elevation to the bench, Mr. Matthews showed himself to be eminently possessed of all those qualities which go to make up the honest, conscientious, and impartial judge. Those who had most strongly opposed his appointment were forced in the end to acknowledge that there had been no mistake made. The tributes paid to his memory show the estimation in which he was held by those who were intimately associated with him. Senator Evarts says:—

Chief-Justice Fuller, in response to the resolutions presented to the Supreme Court by the Bar Association, thus sums up his estimation of his late associate:—