It is impossible to assign the delay that ensued to
reasonable need of time for inquiry as to his qualifications, but
Senator Cullom relates that "the nomination pended before the
Judiciary Committee for a long time." Soon after the personal
appeal, which was made by the President to every Senator he could
reach, action was finally taken and the appointment was confirmed
January 16, 1888.
Senator Cullom's reminiscences also throw light upon the process
by which judges are appointed. President Cleveland had selected
Melville W. Fuller of Illinois for the office of chief justice of
the Supreme Court. According to Senator Cullom, Senator Edmunds
"was very much out of humor with the President because he had
fully expected that Judge Phelps, of his own State, was to
receive the honor.... The result was that Senator Edmunds held
the nomination, without any action, in the Judiciary Committee
for some three months." Senator Cullom, although a party
associate of Edmunds, was pleased that the President had selected
an Illinois jurist and he was determined that, if he could help
it, Edmunds should not have the New Hampshire candidate
appointed. He therefore appealed to the committee to do something
about the nomination, either one way or the other. The committee
finally reported the nomination to the Senate without
recommendation. When the matter came up in executive session,
"Senator Edmunds at once took the floor and attacked Judge Fuller
most viciously as having sympathized with the rebellion.
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