The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-10-01
HON. JEREMIAH s. BLACK, OF PENNSYLVANIA

HON. JEREMIAH s. BLACK, OF PENNSYLVANIA. :
The following eloquent and powerful letter from Hon.
Jeremiah Black of Pennsylvania the democratic candi-
date for chief justice in that State will be read with
interest by all who take interest in the subject which
he discusses Justice Black Que of the most thorough
statesmen in the country
10 the Presidenf Of the Prohibitory State oonpention
Sra 1t appears that friends of prohbtory liquor
months ago, appointed committee TO in
several candidates and lay their replies before
the body over which you preside The chairman that
committee has addressed nquirng whether believe
that prohibiting the manufacture and sale of ntoxi-
eating drinks except for certain specified purposes, is con
stitutional.
suppose cannot mistake the meaning Of this inerroga-
ton Ii is of course prompted by motives of euri
osty Nv private sentiments not worth to you the
trouble ascerainng them But desire to be informed
how far my judicial decisions be counted favorable
TO your views the subject. II reply the affirmative,
you will regard it promise to be with you when the
question comes before and if break the promise alter
being by your votes will be justly exposed to the
charge obtaining the Office by of false pretences II
my be the other way, will know how to dsarm
an avowed opponent the power which ho might to
disadvantage These, think, the only that
could induce you question such subject.
the value of your votes do not underrate the
power YOU will probably exert in the election And
even If were candidate at ALL would feel natural
anxiety win your respect and for no
assured than that of the best hearts
and oundes heads in the country engaged in the present
prohibtory liquor law. Nevertheless, can
your question consistently with OF pro-
prety and not without the hope that my reasons Tor
declining will be entirely satisfactory.
When you speak Of law to prohibit the manufacture and
liquors. take it for granted you do not
less thing naked prohibition, without ailxing
penalty providing the for its execution The law
passed in Maine model which the other States have
generally framed theirs believe the proposed at the last
session of legislature almost literal copy of the Maine
law Its constitutonaty did to be doubted by
its and able advocates But violently
opposed constitutional grounds by Others who as in
tellgent and conscientious any know in the Com
In of the States the power to it was
not challenged In New York. the other hand the gov
declared to be wholly inconsistent with the principles
free and for that refused his sigma
ture Such Also the unanimous opinion of the
judicial of Massachusetts, and the highest tribunal in
Michigan composed of eight judges stands at this moment
equally divided You probably think it quite clear. But
you forget that there Others no think equally
against YOU 1t is at least doubtful enough to have
procured conflicts and divisions among statesmen judges
and lawyers well among the of the people 1t
moreover question great magnitude. Everything is i'm
portant which touches the constitution Judge
under responsibilities high when he deals with the great
charter by which free State holds its berties and if any
part of the constitution sacred than another is that
which marks the boundaries between Legislative authority
and the reserved rights of the people Besides the law
which
the character morals property and business OF the whole
population of the Commonwealth.
Here then, much debated and vexed question of
utona law important in every aspect which must
before the supreme court for final adjudication and l.
candidate a that court asked to determine it
advance without notice to the parties interested without
hearing the arguments either side without seeing
the law without having of the materials from which
Judgment ought to be made up If would do this thing
would render Myself utterly unworthy of your confidence
81 nv limit cd
orally followed it that many disastrous evils
rush into the State by that example The of all
political parties may depend sometimes judicial decisions
Religious sects corporations and other large bodies of men,
are often in All these have equal
expect pledges Interested individuals also stand the
same platform. Shall candidates for judicial offices commit
themselves all these If not where shall the stopping
place be found the custom begun the right
to nerrogate them acknowledged? The election Of
Judge would depend the accordance of his with the
wishes of the most powerful classes. Courts
would be places where justice is judiciay admin
istered" and become ministerial organism for regis
ering the forgotten DEGREES of conventions and other public
assemblies What them would become the weak and un
popular for whose protection the law made
When constitution amended give the cleo
ton of judges the people it feared by many that
ddates would sell their integrity for votes and concae
portion the people by promises inconsistent with rights
of Others am glad say that the letter your commit
tee the first demand made upon for pledge of
any kind-the first question that asked
ing any which might be called decide. Up
the time when received that letter member of
vention by which nominated private citizen
my political party, any other limited desire
bind me by promise in advance of his vote. feel
ranted in saying that this the experience of all my bre
and do doubt that the candidate who opposed u.s.
including the honorable and talented gentleman who
present competitor has been treated with equal obearance
acknowledge the obligation of candidate for political
office make his opinions known. But it
the duty of Judge keep himself uncommitted until he
hears all that can be said both sides will promise
nothing at present except decide it honestly and
ing to my best judgment when it arises If should be
elected will take solemn affirmation equivalent by the
laws Pennsylvania to oath) that will support the
constitution. This mean to keep and that keep
it the better will make other which by POSSIBLE
ity interfere wthit.
IL has struck possible that the committee munder
stood it's instructions when the candidates for Judge ad
dressed such instructions given, il probably
done without thinking how improper would be for
ply in the manner expected AT all events have faith
enough this republican system Of believe that
State convention did, will assemble in which
majority of members be found who will deliberately in
st upon their right demand pledges of judicial candidates
On questions of law.
l am, with great respect, yours, &C.,
j. s. BLACK.
THE PRESS IN KANSAS.
The Kansas Weekly Herald is the title of a newspaper
established Leavenworh Kansas Territory by Messrs