The Evansville journal. (Evansville, Ind.) 1834-184?, 1846-04-02
nza se4.u 9 From the Indann State Journal.
GOVERNOR WHITCOMB AND THE
--.ss SUPREME BENCH.

The course pursued by Gov. Whitcomb,
in relation TO the Supreme Bench, is Justly
calling down upon him the censure OF rea-
sonable men of all parties. The whole peo-
pie of this state had the Utmost confidence
in their integrity and capacity of Judges
BLACKBERRY. DEWEY and. SULLIVAN. | fact
the character they had atainef as jurisis,
was not confined 10 this State. Their de-
cisions were held in the highest esteem and
regarded as good law in every State in the
Union. ass sagl s4as.i "a, eaa ss9s r
The constitution declares that s.the Judges
of the Supreme court shall disappointed by
the Governor by and with the cohset ofthe
Senate" and s.shall hold their offices during
the term of years. The terms of all the
judges expired during the session of the
Legislature of1lS44-5. The name ofJudge
Blackford alone, of the old Bench, was sent
10 the Senate for its continuation. lie had
proved himself to be eminentiy qualified for
the staiion--and no.oiber question: was ask
ed by those whose duty it was TO act. By
an unanimous vote. which was alike honora-
bic TO those who gave il and its recipient, the
Senate sadVised and consentedntol this ap-
pointment. The enquiry was then made,
and has .peen thousand times repeated,
f'why did not the Governor, at the same time
send in the names ofJudge DEWEY and SUE
LIvAN!" Are they not as well qualified, in
every respect, and had they not as faithfully
dischaTged.l their duty as had Judge Blac kiord?
No man, not even the Governor himself,
would dare 10 answer these questions in the
negative. Why, then, were their names held
back? Can the doctrine of rotation in office
be urged as an excuse? Ifso, why not APP
ply il to Judge Blackford, who has been on
the bench more than 20 wears? If good a.
galnsi Messrs Dewey and Sullivan, why not
against Judge Blackford?z The only reason
which we can be assigned in justification of
such course, is that Judge Dewey and Sui
Ivan, although not parlizans, were identified
in sentiment with the Wing party. Will the
people-ihe appeal is moi made to party
zealots, but TO those who have an abiding in
terest npreserying The court of The lastresoft
in our State from political contamination
sanction The odious doctrine that party CON
sideraions are to control the selection of
Judges2 A response TO this question will be
made in such manner by The people, as shall
stand as warning to those who may, in flu
tuFe be controlled by such considerations.
TO fully understand the whole procedure
of the Governor, it will be necessary to 90
back to The session of IS44-5, period, dis
tinpuished above all others in the history oil
this State for wire-workiug and Intrigue =
'Fne law required the election ola U. S, Sen.
ator. There wete several asPranIs among
the leaders OF The democracy fotthat station
The most prominent were the Governor and
the then Lieut.. Governor. s.s
The power of appointing the Judges rest
in with Gov. Whtcomb, he supposed that b,
it he could secure certain Influences to as
sisi him in the attainment of a seat in the U
s. Senate. For this purpose the appoint
ments were withheld until after tie election
ex-senator had been postponed by the cast
ing vote of Mr.. Bright, who gave it with
view 10 promote his own aspirations. Fhi
postponement Increased the opportunity 70
a continuation of the intrigues which had al
ready commenced. After the rejection o
the first nominees .(and even before thei
nomination) the Governor was aware that n
other than the old bench would meet The ap
probation of the Senate; and yet, he sent il
the names OF some half d dozen individuals
residing in Differed portions of the State
thinking thereby TO insure their influence il
the favorable decision of the senatorial cleo
ton. No combinations We're made--th
Legislature adjourned and. vacancies stl
existed. ii then became necessary /
make pro ten appointments. Had lhos
appointments been conferred on demo
Gratis ii might have given offenceto the friend
Of certain aspiranls and thereby diminish tn
chance of the Governors election to the Ser
Judge Dewey and Sullivan were given tn
pro TEN appointments. When the appoin
ments of this character are conferred by h
President, OF Governors of States, (as til
case may be) ii has always been cusOmar
for them TO avail themselves OF the first OF
poriunity of submitting the names of thos
appointed. 10 the confirming power. lib
instances, are few, even ii any exist, wher
an executive has deliberately repudiated hi
own appointment. Notwithstanding this Gu!
tom, which seems 10 have been establl5he
in conformity with common courtesy, th
names of Messrs. Dewey and Sullivan wer
withheld The election fer u. s. Senate
came on, and, contrary 10 expectation. Jess
ID. Bright had worked the political wires s
adrotly as 10 be elected. Thus ended til
Governors management SO far as seat
the u. S. Senate was concerned. e.a
A convention of the democratic party W;
10 assemble on The Sth of January 10 max
a nomination ola candidate for Governor
Ii would not answer for one who had mao
politics trade all his life, 10 go into-tE
shades of retirement. Three more years
the Gubernatorial chair, and the salary co
seauent there on, was mol TO be given |
.n;fLo,,. m effort The (.overnor'S course