Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-09-28
Swan and Gholson.

Judge Swan was thrown over board by
the Republican party because he respected
his oath Of Office and dared, in defiance Of
party issusp, to deliver from the bench de-
cision 10 which he was led by his conscien.
tious conYictioDs VIM. Y Gholson was
nominated in his stead and received the
nomination with the example Of his predey
cessors repndiation before him, and pledged
himself through his friends to specumb to
the preferences ofthe Republican party with
reference to the oOhs6tdtionaiity Of the Fue
gitive Slave Law and all the issues connect
cd Herewith His unmanliness IN bending
to receive the nomination is only equaled
by the baseness Of his party in conferriDg it
upon him or any other man, except Judge
Swan, under the existing circumstances, 1t
is a primary principle Of law, timo honor
ed custom in all fee civil governments the
world over, that the Judiciary should-neyer
be influenced by fear of punishment or hope
of reward, but for a man to be placed upon
the bench with an express understanding
what his decision is to be IN a certain case,
before that case has arisen or the facts con,
neeted with it are known, is unparalleled
in any country Of Europe, eNeo, since the
despotism oi the middle ages, 1t is in the
independence of the Judiciary, that the
chief stronghold of liberty consists in any
government In England, the Judges who,
in defiance Of the king or parliament, dared
to do their duty, and delivered unbiased
decisions regardless of consequences, have
ever been regarded as the chief guardians Of
the peoples rights, and though martyred
for their adherence to truth and justice, are
at this day pointed to as an honor to the
reign, in which they lived. Sir Matthew
Hale, whose name viii be remembered as
long as the common law exists, was a model
Judge, So fearful was he Of being biassed
in judgment, that in one instance, where O
friend had made him triAing present years
before, he would not sit upon a case in
which that friend was concerned, until he
paid him the full value Of the gift, 30 fear
ful was he, that his opinions might be in
husneed thereby imperceptibly to himself
Bat Sudge Gholson receives the nomination
for Supreme Judge fthe State of0hio viii
the express understanding that the price 0
that nomination is, that he will favor in hi
decisions the party which conferred it upoi
him, and will give judgement in their behal
whsthsr justly or unjastly.
The Republican party seeks to destroy th
independence of the Judiciary by degrading
an aged Judge who is respected and slmos
reVereneed by bar aud the community q
large, for his kindness Of heart and unim
peschable private character, for his unbound
ed legal knowledge and comprehensive in
tellsct, simply because he would not obe
the commands Of partisaus, and give uttei
ance TO decision which he felt TO be un
Just, and they desire 70 substitute in hi
place an upstart whose past life has alread
given the lie, to his present pretentiOns, an
who has perjured himself before hand
promising TO give an unjust decision, the n
ward Of which is his elevation 10 the Su
preme bench VIII the people permit tn
foul blot to be thrown upon the fair nan
and honor of the State, OF will they n
rather wipe out this disgrace at the We
start and do Judge Swan the oomplime
Of defeating his oPpOEsnts, thereby showi
their respect for him as a man, and th'
respect for his honest and unswervi
course while ON the bench.