The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-12-22

State
y Can any act Of incorporation be so construed by
lapse Of time the action Of State Offices the action
Of Courts of Justice 10 confer Banking powers,
privileges, unless such poweIsof privileges be express
~ directly unequivocaly conferred by the terms Of
the act
10 Has Judge Of The Supreme Court or any other
Judge, the right, under our Constitution, TO charge
Jures on matters OF fact
IL Are Corporations limited TO the exercise of such
powers, and such only, expressly granted by
their charter And they rightiully claim the
Joymeni OF immunities by implication when their Char
tiers are silent on the subject
IL Do you agree to abide the nomination to be
made by the Democratic members Of the Legislature
IN Caucus whether you be nominated or not
We are, sir, very respectfully,
Your obt serv'ts.
CoLuMBus, Dec. %, 1889.
Hos, u, TOP, AND OTHERS
Gentlemen Your note was received on Christmas
Eve
II contains two classes Of nterrogatories the
Of political, the other Of judicial character
need only say in relation 10 the first that do not
think another Bank Of the United States ought be
stablshed nd my only fear is, To the working of
the Sub Treasury system such Mr. Wright ! bill
contemplated that Il may at period be used
sort Of United States Bank
] am in favor OF an Independent Treasury OF the
United States whereby the National Revenue may
-
Banks
The other nierrogaories except the last relate to
judicial questions. What mean is simply this an
answer 10 them will determine the rights Tor what par
ties suppose their rghts) in various suits and proceed
lngs which may arise in the Court Of Common Pleas
and the Supreme Court. Indeed the 9Th puts
easy, perhaps, OF soution-but nevertheless puts
case for the Supreme Court to decide and asks how it
should be decided. suppose the oh relates TO the
Granville Library Association and the 9th 10 the ac
ton of bank within n few th9 Tho
way OF post notes or post bank bills But there are
none of them, except the 10Th, which might arise
IN such shape in Court 10 determine the right of
citizen 10 farm, or the right 10 recover pro-
mlssory note, bill of Exchange, or bank note No
one can deny this
The matter then assumes this shape my answers
TO them must announce my decision in Court upon the
various suits and proceedings which may arise com
ing within the range Of these intcrrogatories For IL
answered by at this time, in accordance with your
opinions and upon the faith of these answers you
should place me on the Bench, and should decide
them when there in direct contradiction TO my present
recorded opinions, you would justly denounce
betrdyer OF your confidence. My answers must and
would be deemed pledge Of honor by all honorable
mentor you desire to consider and act upon them in
your nomination.
Judge may err, and afterwards correct and over
rule his former decision without any imputation upon
his integrity But what pungent scorn and contempt
you would feel for me, II should grascly tell you,
announce from the Bench after had arrived at that
elevation by means Of these answers, that the views
entertained when desiring the elevation had entirely
changed! Could satisfy you that was not base
and iaithlcss
Itislnot, them my present views merey-you wish me
to make the mark, and toe it, too, ApHERlN0LY inn
Piled pledge, that must necessarily be binding me
as man OF honor, whether elevated by you to the
Bench Of the Supreme Court or not.
Whether therefore, | answer these interrogatories
in accordance with your opinions not, If do
srer them, 20 upon the Bench of the Court of Com
mon Pleas at the next term, the Bench Of the
Supreme Court not only prciudPiHP the law IN every
case IN which the questions involved like dis.
honest Juror preIndglng before he the box the
facts and the verdict but after mock trial and mock
hearing (and what kind of HEARING y announce a
decision which has been implicitly pledged, should be
given and which il would be dishonor to shrink from
or eysdc whatever might be found in it. Such
position ~ somewhat more than awkward and should
not desire friend placed in IT, IL is more than un.
fortunate for those who ask be heard in Courts
of Justice
IL is admitted that Agent or Representative, may
in all honor pledge himself to obey the instructions Of
his constituents and follow out their views. But
does it follow, that Public Magistrate shall pledge
the decision of causes which may arise before him
You would moi have Justice OF the Peace, who is
elected by the People, pledge himself at the polls
pressly or mpedy 10 his friends TO decide certain
class OF cases IN particular manner
You intend that the nomination should in some de-
gree depend the answer Of candidates To these in
tcrrogatorics Being so understood by them, they
cannot although all honorable men, shut their eyes
against il when implicitly pcdgng, what the law shall
be. No man. certainly would not feel satisfied
with decision, in in which you supposed your
rights property involved mnde by Judge, without
hearing, and whea his judgment is shaken under the
temptation OF obtaining by H. the highest Judicial sta
ton in the State and made too under an implied
pledge that argument would change, without
bringing upon himself the charge OF baseness or dis
honor.
am not Directing to the character Of these inter
rogatories except that they relate 10 Judicial Cues
tons; for admitting that they simple that he
who runs may answer them believe they invade
great principle at the foundation Of noble inst
tutions mobile because equal and therefore ian
partial that every man, and every set of men,-rE
Ions and BANKERS and r.rPERs, have a right 10 he
heard by an impartial and unpledgcd tribunal, upon
every question however simple, or grave, that c
ultimately presented for determination.
lf the Cashier of the Clinton Bank, or the holder
of Post Note on the Bank, should call upon TO
day, and ask 10 say whether suit could h. mmedi
atcly bought and judgment, had on the note 90
whether the charter was forfeited Nv the Of such
papers, should think II proper for me % decline
swering the question for u ! answered a. the other
party might perhaps have some TO complain.
But suppose ] not only answered his question, but
pledged myself expressly impiey 10 the cashier
to the holder Of the note, 10 decide the the
bench in particular manner, no matter how leave
to yourselves To say what YOU would think ~ NV
conduct. Tmpedch me | heartily concur ia your
Judgment ana nave satisfied Won 81 the pFopfictN ~
my respectfully declining to these ntcErogato
ries.
II is unnecessary 10 dwell upon the subject ior
any man who understands the pfopric,y 81 having q
juror TO try his case who has preIudged tho
dict will understand the proprisy Of having Judge
to try his cause who has NO, prindeed and pi,dgsa
himself to decide the law in this
While believe honest motives and an honest IL,
sire to do right induced the adoption Of these ntcrro
ra,orcs also sincerely believe that further console
ration will satisfy you that they unad,,scd and
should not be answered.
am respectfully, yours,
(Signed) j X. SWAN
To Messrs Tod and others.
p. s | should Of course, abide hy Your nonilna
,,or I ka,, Ln,,, A.. ap.y..x ,s,n, a..