Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1860-04-04

ject of impeachment having failed, new
scheme Of operations, was, at the session
of December. one thousand eight hundred
and nine, adopted. As seven years from the
time of the first elections under the Consti-
tuition, would expire in April, one thou
sand eight hundred and ten, there was no
action necessary in those cases; but in 9TH
er cases where any considerable time would
elapse before the seven years would expire
from the date of the appointments or COM
missions, it was resolved by the legislature,
that the fair correct Interpretation Of the
Constitution, was, that all commissions,
dated whenever they might be, and although
there was provision therein that the sew
eral incumbents should hold their Offices for
seven years, should expire at the end of
each seven years reckoned from the date
of the first elections under the Constitution.
This was intended particularly to operate
on Judge Tod, as he was appointed, not un-
der perhaps, three years after the first cleo
tions and had some four years more yet to
serve. To get him out of Office the legisla-
ture vacated every judicial Office in the
State. Judge Pease went out of Office by
lapse of time, in April one thousand eight
hundred and ten. This erroneous construc-
tion by the Legislature never has been fol-
lowed up by any succeeding legislature, and
at the end of the second seven years moth
ing was said about it Governor Hunting
ton and Judge Pease contended, and it was
thought by others, that the legislature
could not anticipate vacancy, and Eli it,
until it had actually occurred This doc
trine, although then quite rife, has long
since been exploded As the governor had
the power to fill all vacancies that might
occur when the legislature was not in ses-
sion, and to issue commissions to be in force
until the end of the following session of the
legislature, to give Governor Huntington
power to appoint President Judge, who
might contend for tbs place with the Pres
idcnt Judge appointed by the legislature,
it was necessary that there should be va
cancy. Judge Pease resigned after the ad-
journment of.the legislature, few weeks
before the expiration of his term of seven
years for the purpose of creating that va
cancy. Governor Huntington, residing at
Painesville, at that time, which was also
at that day the place of holding the courts
for Geauga County, and far distant, consid-
ering the state of the roads, from Chilli
cOthe, the then seat of Stave government,
was in the practice Of having blaRk COM
missions on hand, properly sealed. and
cOuntersigned by the Secretary of State,
that he could fill up at any time. All the
lawyers at Painesville on that occasion,
were residents of the Reserve except Elder
kin Potter, who lived at New Lisbon
Sampson King. who resided at Steuben-
vile, was not present. He had commits
sion sent to him, 1 believe by mail, but he
did not accept it.
There were various reasons for my own
conduct, some of which believe governed
all, and some were applicable to myself
alone. Governor Huntington and Judge |
Pease were desirous to throw impediments
in the way of the new President Judge. 1t
was cOntended that all the judges removed
BY the resolution, Commonly called in that
day the sweeping resolutiOn,) of the legis-
lature, we're still constitutionally in Office,
and all, appointed to fill their places, we're
uncOnstitutiOnally appointed. This Objec-
ton did not arise against Judge Pease's
successor; so the other ground was taken,
that the legislature had no power to an
ticipate the vacancy. We all thought that
It would not be worth while to be made
use of as mere cats paws in their quarrel
With the legislature Mr.. Edwards, one of
'ur lawyers. one of the best men that ever
lived in this country, or any other, and a
warm friend of governor Huntington and
Judge Pease, and who always remained So I
o the last day of his life, thought that the
var that they we're waging with the legis-
ature, was not necessary; believe he told /
hem SO. He advised US to have nothing /
o do with governor Huntington's commits !
ions. l had what 1 thought then, and /
till think, private reasons sufficient for re. t
ecting the appointment, and which would s
ave goverened me even if Mr.. Edwards G
ad urged me to accept it. Mr.. Ruggles, S
Tho was elected by the legislature as the B
uccessor of Judge Pease, was at that time, t
l believe, personally acquainted with no S
ne on the Reserve except governor Hunt Ii
1gton, Judges Tod, Pease and myself t
lie and | had become acquainted at Mari '
tta- He came to this State in the year n
ighteen hundred and seven, the same year k
nat did; we were both from the eastern o
art of Connecticut and consequently be- Z
lme rather intimate In the winter of 81
ne thousand eight hundred and nine d
was at Chillicothe, and was there when he cl
as elected. Immediately after, wrote to t.
i'm, for he was not at Chillicothe, congrat- P
Iating him on his appointment That l, CT
/ common with almost every other person, c;
on the Reserve, was anxious
lat Judge Pease should be reelected, still
Judge Pease must not be reelected, there Ia
as no one l would prefer to himself Of
here seems almost contradiction to this, in