Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-06-24
STILL RARPINa..

1t was for a time feared that their
sympathy would carry them to the extent of
placing the gentleman en- their ticket and sac
rifcing him instead of their present nominee
but as Mr.. Whitman positively declines "
to withdraw from the canvass, they must of
course give him their sutfiages, and as they
can consequently under existing circumstance
give Judge Swan nothing but their sympathy,
they tender him a most abundant supply OF
that precious commodity, which, unfortunately
for the recipient, does not possess a very high
value in the Ohio markets. The Standard con-
tinues distressed, indignant, nconsolable-could
hardly be more so had one Of those potent
Democratic adiuncts, a niger, eluded the
vigilance of his Pursuers and escaped into Can
The editorial columns of the last issue
bear striking evidence of the absorbing interest
it feels in the matter, especially in the important
anything to do in producing the result that so
sorely aflicts the unterrified. From lamenta-
ton number one in that paper Of yesterday We
make the following extract
Let it be established as a rule that Judicial
decisions are to be regarded as tests of party
fealty, and that an elevation to a seat on the
bench carries with it by implication the obli-
CATION to determine the Judicial function with
respect to party considerations, and there is an
end to all respect for, and faith in the integrity
and sanctity of the Judiciary, by which, only,
Judicial opinions are invested with force and
dignity"
We are inclined to think The writer Of
the article from which we q&pte has not
been accustomed to occupy aseat on the
tripod, " is a new hand at the bellows" and
has had but little experience in handling the
ribbons" Preaching Democracy is manifestly
not his regular yocation-for certainly no one
thoroughly in~doctrinated in the tenets of mod
ern Democracy, or one familiar with the ante
cedents Of the party in Ohio, as regards "faith
in the integrity and sanctity Of the Judiciary"
and " obligation to determine the judicial func-
ton with respect to party considerations
would be so inconsiderate, indisereet and
inconsistent as to put in print language
and sentiments such as those quoted. To
illustrate how well the Ohio Democracy have
earned and are entitled to the appellatiou
they modestly assume of " eonservators of the
purity of the Judiciary" and to show their alb
herrence for making judicial decisions " tests
of party fealtv,' we have q case in point, and
one that will be perfectly familiar to all who
have for any considerable length Of time been
members of their political household. We
cory from a contemporary
THE WAY ONO DEMocRATs PRESERVE
INDEPENDENCE OF THE JUDIcIARY-The Pro-
Slavery party are manilesting a deep interest
in, and regard for Judge Swan, just now, and
We notice that ZONE of their papers are even
discussing the propriety of getting Judge Whit
man to withdra1C from the ticket, that Judge
S may take his place as the Democratic candi-
date. This would be designed as an expression
of Democratic appreciation of that gentleman's
independence, and di~sapprobation OF the course
of the Republicans in not re-nominating him.
There is little probability, however, that any
thing of the kind will occur.
This is not the first time that the Democrat
ic party has heard ofJudge Swan, or he Of them.
There are certain "reminiscences, running back
some twenty years, which would make such a
relation neither desirable to him nor profitable
to them. At the session of the Ohio Legisla-
ture of 1890. Judge Lanes term, I'VE think
it was) on the bench of the Supreme Court
having expired, the Democratic majority set to
work to chose a successor. The parS had a
hobby then, as now; but it was';Bank Reform, i"
instead of "Popular Sovereignty" A m%ajorityo Of
the leaders were seeking to change the charters
of the Banks, without the consent of the stock
holders, and among other things to make the
latter individually liable for the debts of the
corporation. A minority, embracing the more
respectable and substantial members Of the
party, claimed that Bank charters were in the
nature of contracts, and could not be changed
without the consent of the Banks.
The Democratic leaders in the Legislature
were j.. J. Farran, now P. NJ. at Cincinnati
Dave Todd and Geo. H. Flood. Gen. Hunt
the present Post Master of this CITY, was il
the Senate. The ''Tin-pan" las the caucus O
the Democratic members was called.) resolved
that no man should be chosen as Judge, who
on the bench, would not recognise the right Of
the Legislature to amend or appeal charters at
pleasure.
The two prominent candidates of that party
for the place, were, Judges Reuben Wood and
Joseph r. Swan. The latter had the advan.
tage in standing as a man and a jurist, but was
not considered entirely sound On the Bank
question. To make the matter certain anc
avoid all risk, a committee of the "Iin-pan'
was appointed to interrogate the two candi
dates, to ascertain how they would decide the
question, if it should come before them. A
proposition so unprecedented and monstrous
was received with alarm and disgust by all par
ties but, relying upon party discipline anc
the lash of Sam. Medary, then in the zenith OF
his power, as editor of the Statesman, the lead
ers prepared the i~nterrogationS and forwarded
them. Judge Swan, with a promptness anc
independence which did honor to him and credit
to the State, indignantly rePelled the insulting
questions, and told the questioners that if he
went upon the bench, he must do so untrann.
naeUed by pledges and free to apply the law to
cases as his judgment should dictate. Judge
Wood, with a sycophancy characteristic of his
political life, received the interrogations and
promptly gaze the pledges sought.
What, then, was tt action of the party
that now affects so much respect fol Jud; cia.
independence? Did they elect the man uhc
refused TO pledge HIMSELF BY no means
V ithout the least hesitancy, they dropped him
and took up and elected Judge Wood, the
pledged tool of party hacks! 1t was no relieI
to the great wrong of this preceding, becarse
Judge Wood, when afterwards brought.to test
:
cd at his party for having depended on an ex
trajrdicial opinion.
We give this history of that affair from
memory, but think it is substantially correct
1t shows the utter insincerity of all the present