He said ‘no’ to Supreme Court

J. Mark Powell Jmp.press@gmail.com Photograph Image/jpg Roscoe Conkling
Posted 7/26/18

America is preparing to fill a vacancy on the Supreme Court. Confirmation hearings will begin soon on Brett Kavanaugh’s nomination to become the next Associate Justice.

Being asked to serve on …

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He said ‘no’ to Supreme Court

Posted

America is preparing to fill a vacancy on the Supreme Court. Confirmation hearings will begin soon on Brett Kavanaugh’s nomination to become the next Associate Justice.

Being asked to serve on the high court is an honor. Winning Senate confirmation can be grueling. But in 1882, one man endured it only to say, “No thanks.” This is his story.

Roscoe Conkling was a famous figure in the years after the Civil War. First a congressman and then a senator, he was the undisputed boss of New York. He doled out political patronage and demanded absolute loyalty in return. Nobody could be elected dog catcher in the Empire State without his approval.

Conkling was also a charismatic figure. A boxer in his youth, he remained a gym rat all his life. He didn’t smoke or drink, and in an age where men’s fashion ranged from dark charcoal to black, Conkling went around Washington in bright bow ties and loudly colored coats. An opponent called him a “strutting dandy.” Women found him irresistibly sexy and nicknamed him the “Apollo of the Senate.” Life was so good for Roscoe Conkling that when President Ulysses Grant appointed him to the Supreme Court in 1872, he declined.

Chester Arthur was a Conkling henchman. As Collector of the Port of New York, Arthur made sure its thousands of jobs and lucrative graft were spread around to Conkling cronies. Though Conkling was personally honest, he surrounded himself with crooks who weren’t, provided they did (and voted) as told.

In 1880, James Garfield picked Arthur for his running-mate on the Republican ticket. Conkling thought that would give him influence with the new president. He was wrong.

Conkling suggested men for three important Cabinet positions. Garfield didn’t appoint take any of them. Then he named a Reformer (who believed government employees should be hired on merit instead of political patronage) to take Arthur’s old job at the Port of New York.

Conkling was deeply offended. Garfield hadn’t consulted with him about it. Conk-ling abruptly resigned his Senate seat in protest, expecting the New York legislature (which selected senators at the time) to quickly return him. But to Conkling’s horror, the seat went to someone else. He suddenly found himself out in the cold.

Then Fate stepped in.

Garfield was assassinated in 1881 and Conkling’s protégé Arthur became president. Conkling’s allies lobbied hard for Arthur to name him Treasury Secretary, putting the machine back in business. But Arthur experienced a change of heart and became a committed Reformer. He wasn’t going to put Conkling and his corrupt buddies anywhere near the Treasury Department.

As a consolation, Arthur nominated him for the Supreme Court the next year. This time, Conkling accepted. The Senate swiftly confirmed him.

And then Conkling declined to take his seat. It was the last time in American history that happened.

Why did Conkling do it? The Supreme Court wasn’t nearly as influential then as it is today, and he probably felt it was a step down in prestige from the Senate or Cabinet. More likely, it was his way of settling the score with his former protégé by embarrassing him. And it was a reminder that although his power was gone, Conkling would always be the Boss.

As the saying goes, paybacks are heck. Or something like that.

Questions or suggestions? Message Mark at jmp.press@gmail.com.

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