The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-07-01


Doe Of the most striking illustsations Of the
workings Of m elective jsdiciary occurred In
Ohio year or two before the dissolution Of
TIE Union, which may be recollected with I'D
vantage at this time with view to some real
reforms that are required in our own Consti-
tuition. a-''@sT9
In the case Of . writ Of habeos corpus sued
ont before the Supreme Court Of Ohio in bchali
Of certain persons under trial CT sentence by
The Circuit Court Of the United States. (sitting
at Cleveland for violation Of the fugitive
slave law In that State, the Judges Of the
Court declined to interfere for the relief Of the
parties in question. The decision Of the ma
jority of the Bench to this effect was delivered
by Chief Justice SWAN, sustaining the consti-
tu,ionality Of the law of Congress under this
head, and declaring the incompetency of the
State tribunal to arrest the proceedings insti-
tut.,l in the District Court of the United States.
As this decision was in accordance with an
unbroken line of judicial prccedents, aud more
over affirmed by the most primary maxims of
judicial propriety, i. was supposed that the
decree Of the Court would command the re-
spect Of law abiding citizens Of all parties.
But mark the result. A political Conven-
ton of the Republican party, of which Chief
Justice SWAN was a member previous to
his election TO the Bench of the Su-
preme Court, and which assembled soon
after the above decision Of that tribunal,
declined to place him in nomination
for reelection, for no ether reason than be-
cause he had expounded the law in conformity
with existing rules and his own sense Of judi
cial duty rather than in accordance with the
behests of political organization or domi-
nant popular sentiment. The Republicans
openly avowed this shameful fact, one 6
them, Cleveland attorney, who was actively
engaged as counsel for the parties arraigned
before the Court, proclaiming boldly that
Judge SWAN was dropped for the reason tina.
be, as judicial officer, recognized the fugitive
slave law enactment of 1850 to be of binding
force in Ohio; and the other two Judges who
were with him in opinion will be dropped in
the same way as soon rs they are reached in
the order of time. We do not recognize men
TO be Republicans, here in Northern Ohio,
who will, for moment, sustain the miserable
enactment"
This is but one illustration out of many,
memorable, however, from the subject with
which it is connected, of the disorganizing and
illogical doctrines promulgated under the reign
of that pernicious system which subjects the ju
dietary to the exactions Of a fanatical popular
election, by which its independence is not only
compromised but threatened with total over
throw. Such expressions of perverted popu-
lar judgment were not peculiar to Ohio. A few
years ago, it was generally proposed to make
the Judges of the United States Supreme Court
periodically elective by the people. And po-
litical State Convention of Iowa, in expressly
declining 20 hold themselves responsible for
"the doctrines of the Supreme Court" based
that determination on the fact that its incum-
bents "cannot be changed by the action of
parties'-thus converting its highest title to
popular confidence into source Of partisan
suspicion. We trust that the Southern States,
in any future reform of their organic laws,
will eradicate and avoid that most dangerous
of all innovations upon ancient Constitutions
an elective judiciary.