Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1854-09-20
1nara Emrser,s rst.s-

of law whsch nigh come before them to de-
eide:
NoRRIsrowS Pa, May 80, 1854
DEAR SIR Il received yours of the oath
inst.,a few days ago, in which you say that
as Chairman appointed by the friends of a
Prohibitory Liquor law in Pennsylvania, you
have been directed to forward the following
interrogatory to the different candidates, and
to lay their replies before Prohibitory State
Convention, to be held at harrisburg on the
9TH of June next, and in which you also re-
quest my answer in season to lay it before said
s<Do You believe law prohibiting the man
ufacture and sale of all Intoxicating liquors
except for medicinal, mechanical, sacramental
and scientific purposes to be constitutiona2'
The question presented is one of the utmost
practical moment in reference to the moral
and political relations of the social state. As
such, it has, necessarily, awakened general
interest, and provoked a very great deal of
discussion The current of opinion, as well
as of decision, seems to be setting strongly in
favor of the affirmative of the proposition,
most ofthe decisions of a contrary tenor SEEM
ing to rest on objections rather to the detail.
for enforcing its observance, than to the prin-
ciple itself. Whilst participating, therefore,
in the general sentiment, without pausing to
question its correctness and yielding to none
in my earnest, desire to see our country freed
from the crime and misery which intemper-
ance engenders, it is due to the subject to say
that whatever NAV have been my Impressions
L have never yet felt it TO be my especial duty
to bestow upon it that searching investigation
which L should feel bound TO give were cali
ed upon, judicially, to decide it as question
of constitutional law. -..
On questions like this, it is almost impos-
sible to avoid the formation Of an opinion on
the one side or the other. Their importance
necessarily arrests the attention reflection,
and perhaps investigation follow, and the re-
is a ai adj or
favorable. And herein is manifested the diff
ference between the candid man and the bigot.
The former is open to conviction, and, when
convicted of error in his riSinal impressions,
correctS them the latter is intractable and
therefore Interchangeable. / trust l shall al
ways be found arrayed with the former, and
not grouped with the latter. .sEfr.
1t is due, however, to myself, and without
the slightest diSrespect being intended either
to the Committee or Convention, that l should
say to both with perfect explicitness and can
dor, that ii is inconsistent with my views OF
duty and propriety, whilst occupying the po-
sition of a candidate for the Supreme Bench
of Pennsylvania, to give any assurances
pledges, either express or implied, to what
will or viii not be my decision, if elected,
upon this or any other legal or constitutional
question which may or might come before me
for adjudication. Not to secure my elevation
to the highest judicial station in the world,
Would-I give such pledges.
This, like all other questions, would be de-
cided when it came before me according to
what might then seem to be the law, untram-
melied by any previous committals, bringing
to its consideration as far possible, free
unbiased mind, and unpreiUdiced judgment.
This the constitution requires, the oath of of
flee enjoins, and the public safety demands.
ANY other course would be as fat%:i, =, tie in.
dependent and free action of the Judiciary, as
it would be derogatory to the integrity and
self respect of the candidate for judicial hon
ors. 1t would be realizing the worst forebod-
ingS Of the opponents of an elective Judiciary,
by making the rules of law, upon the correct
exposition of which by the courts, the citizen
relies, in the last resort for protection in his
property, life and liberty, depend party
combinations and corrupt personal arrange
ments. on the part of those who prize success
more than right, and value personal elevation
beyond official integrity. Ny own position
us a candidate was neither sought for nor eX-
pected. | await the result without solicitude-
Success, in my opinion, would be purchased
too dearly at the price OF principle so i'm
portant as the freedom Of the Judiciary.
You and the Committee will therefore dis
tinctly understand that, in the event of my
election I go upon the bench free and un-
pledged TO act upon this as upon all other
questions that may come before me for my ju-
dicial action, with no other rule or guide than
my own honest and conscientious judgment OF
what the law is, when I shall be called upon to
declare it. | am sure that you and the Con-
yention will do Justice to my sentiments, and
respect my scrupleS, even should You and
they not altogether coincide with me in hold
ing them. l can afford to be defeated, but I
cannot afford to purchase success at the price
of what L conceive to be wrong, viz: by pre-
judg ging as a candidate, that which may DO
called upon to decide as Judge.
With high respect and regard, -
Your obedient Servant
DAN'L. NJ. SMYSER.
To STEPHEN MILLER, Esq, Chairman of the
Committee of the friends of the Prohibitory
Liquor Law. -
WnMoT AND BfGLER.-The Determination
manifested in certain quarters to represent
Judge Wilmot as a friend of Bigler, induces
us to reprint the following resolutions adop-
ted at a meeting of democrats in Sullivan
county, in which Mr.. Wilmot took part. The
following are the resolutions:
Resofred, That we have no reason to believe
that Gov. Bgler agrees with us in any point
connected with the question of Slavery
agtated; we knew he recommended the pas
sage OF law allowing Shareholders to carry
their slaves through this State; we know he
endorses the Fugitive Slave Law, which tram
pies upon our personal rights; we kno" ms
election would be regarded in every part OF the
Union as triumph of the allies OF slavery, ana
as those who are not for as, in this matter, are
against as we declare Gov. Bigler unworthy
of our support.
ResoIred That inasmuch as Judge Pollock has
declared explicitly that he is in favor of re-en-
acting the law which prohibited slavery in the
territories north of thirty-six degrees and thir-
ty minutes north latitude; and also in favor of
the manumisson of any slaves Illegally held
there, he occupies a position so much more
Just and liberal than Gov. Bigler, that (with-
out endorsing the cautious address ofthe Whig
Central Committee) We esteem it our duty to
give Judge Pollock our full and active sup
port in the comming election.