The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1852-08-21
NON. I. ,. BvAm


IN Eastern Texas would Parsne !"
relation to the position occupied by Hon
l.. ID. Evans. II il. generally known that
Judge T.. was appointed by the \us''n Con
yen,ion Democratic Elec,or for the STATE
A. large. With the expectation tina, D. would
resign the office he holds a. Dis'rlc, Judge
for this District, Owing TO an accident
which b.f.l him, and which rendered HIM
Incapable Of making the tour of the state
judge f.. has concluded 10 hold on 10 his /
Judse-h,p, sud also Ia the position OF tiee' .
tor, unless some provision can be made Tor
the appointment Of another person IN his
stead VIVA, ,ay the press' We have
seen but two responses. The Jefferson
Herald Is IN favor OF his holding on to both
positions The Tyler Telegraph thinks he
canno, res,en the poa' OF Elsetor without
nantes, iniu.,ie, 10 " democratic party,
A. We understand the matter. Judge
Evans desires to be relieved OF his position
rs Elector. Il ANY mode can he suggested
BY which another person can be appointed
in his place Our democratic editors seem
TO think that inasmuch rs the Austin Con.
veniion made no provision for vacancies,
that his resignation as Elector, Is out OF
the question, aud advise him To hold on TO
both positions We think this IS bad al
wee, and for several reasons.
1T. The premises ARE wrong The Aus
tin Convention was self constituted body,
and had no more authority to appoint cleo
tors than any other informal body that
NIGH, be organized. Our contemporaries
seem 10 take !, Tor granted that !, is neces
.ary for Judge Evans to resign as II he
were already an officer when. m fact, he
i. ony a candidate for office. Tie has, in
deed. hu, to signify that he Is no longer a
candidate for elector, for another appoint
men, to be made or even without such
declaration, "a name might be suggested
either b, the other electors or by any one
else and IT scceded to, the question is set.
tied at once.
It's questioned whether the Judge
can constitu,lonaly hold on to bis Judge.
ship. and at the same time act as an elec'or
The Constitution OF the State declares that
d" No member Of Congress. &c. nor any
person holding any office OF trust or profit
under the nited States, or either OF them,
&c, shall hold or exercise any office OF
pro6, or trust under thus state" Il an
Eiecior such an officer rs Is here debarred
from holding office within the State II
he is, the two positions are incompatible,
aud AS the acceptance of the last office va
Gates the preceding one, So soon AS Judge
Evans manifested his acceptance, by eNer-
cisug the iuuctions OF an elector, the
Judseshlp would be- vacated
The appointment u one 'o m office incompatible
With one h. hulds IL NOT nh.ulriry '"d The hr,i
Office h-euG,r, vacant uu h'- accepting 'r '"cud md
4oaln ins torn % The People IS tahqse, III"
70
o." A. ofrcer may abandon m Office by accepting
M uflire ineuin, aiihir with that Which he holds
An office is defined IN 3 Kent i5l, to be
=" 4 righ, and spending duty to exc
cute public or private trust, and to take the
emonments belonging To it, Taking this
definition to bee correct. an eec,or. It would
seem. is an officer position !, certainly
one OF the highest trust tor he might be
tray it, by voting contrary 20 the wishes oi
those who elected him 1t is an office OF prof.
because he receives his mileage aud per
diem
3 The !No positions are incompatible;
for, in our opinion. the judiciary should be
kept entirely free from politics. 4 Judge
should never be an active partisan much
less To canvass the State during an excited
political campaign, making political speech.
This is particularly applicable in this state
where Judges are elected by the people,
and where the Legislature has very un
wisely provided for their election on the
gen eral election day.
4 Judge Evans cannot exercise the of
fee of Hector without failing to hold at
least one of his courts
We take it 'or granted that he will not
rssiyn his pos,tion OF Judge, for, TO do so
At this time, would be TO involve "A failure
Of all the Fall courts, In fact, we are
aware that he does not design resignIng his
but is ansious that An other should
be appointed in his stead as eleci1r we
nope, therefore, that an eector VIII ha sng
,ested either by The central comm, t,ce or
,y the press, as early as possible. 1t ma, 'ers
cry little " no is named for this position, 'of
he State is certain to cast its vote in favor
IF Pierce and King
Tur EyrRADtrtoN CAsr.-1'he attempt |
o rescue Thomas Kane, whose surrender
,nder the extrad,ion clause of the Ash.
,urton treaty, has caused 30 much excite.
nent in New York, Wills, on his way on
'iopdsy, from the Court to the prison, was
much more serious affair than the ,ee.
raph led us to suppose The Herald says
~ IN. time thprp were three or tDur