Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-10-20

Judge COfinberry.
Il is thought by some Union men that
he proposed action Of the members Of the
Bar, In reference to Judge CofRnberry is
open to the objection that it tends to de-
sirOy the independence of the judiciary
We do not regard it. The proposed &C
tiOn Is not based upon the idea that he has
violated any mere party pledges or princi-
PIES but upon the broad grOuad that he
hIs, in his action at the polls and else
where, arrsyeI himself against the Gov
erament and the cause of the country.
That he was nominated and elected upon
the ground that be was in favor of sus-
timing the Government in the vigorous
prosecution of the war, until the rebellion
should be crushed out by our armies and
that he speedily voted for Vallsndigham
are indisputed facts. 1t must be admitted
that he well understood the principles of
the man he voted for, and that he thereby
sustained to the extent of his vote, both
Mr.. Vallandigham and his principles.
What are the principles of this Canada
esndidste7 Z That of open and bitter hos
tility to the prosecution of the war. He
denies the right Of the Government under
the Constitution to raise and use an army
70 put down the rebellion, claiming that
we have no Constitutioal right to eoerce
the rebelsi and insisting upon the recall
ing Of our army from all the seeded
States, and submitting 10 an informal re-
eagnidon of the COnfederacy.
In accordance with these views, he has
never voted dollar for tho army or navy,
and has bitterly denounced the action Of
the Government in raising and using the
army, ss acts Of monstrous tyranny and
more than intimates, in one Of his Con-
gressional speeches, that the President and
Cabinet deserve hanging for resorting to,
and using war power to put down the re-
bsllion. ALL this is shown by his own re-
cord as published by his friends.
These simple statements demonstrate
that Judge G. has arrayed himself in his
sesion against the cause of the country.
The principles thus sustained by him,
ere OdiOusly the reverse in every respect
Of those upon whish he was elected. Can
eease Of greater outrage upon the patri-
otie feelings and moral sense of the peo-
pie be imagined Had JEFF. Davis been
candidate and Judge G. voted for him,
would It be elsimed that he ought not to be
Fequested to resign3 And yet the man
fJr whom he voted works to common
sHd with Davis, so far as relieving the
seeded states Of our armies, and extend
ing to the eOnfederacy en- informal recOg-
aition, are concerned. He differs from
the rebels only in this, that while they are
utterly opposed to a restoration Of the
Union on any terms, he is in favor Of its
restoration, provided the rebels shall, at
some future time, voluntarily consent to
its restoration.
The great question at issue was not As
TO the policy upon which the government
shall be administered, but whether the
should be crushed out by our ar
niles and the government and Union pre-
ssryed-s question not of policy but of
L Is moi in sny sense party question.
e is said, however, that Judge COfinberry
e still In favor OF 8 vigorous prosecution
Of the war, and voted for Vsllsndigham
simply because he was opposed to the
smsneipstiOn policy of the AduinistrG-
tiOa. As to the first point it is simply
to say that mere sentiment is
Of little consequence where a man acts
directly contrary to his sentiments AS
70 the second point, so far from being any
palliaion for the vote he cast it only sg-
gravstes it. A man has nc right, because
be disIikes the policy Of ihe Administra-
Hon, to refuse TO sustain the government |
against its enemies II is revolutionary |
b do soi and judge should be the last |
man in the world to set such an example. |
So far from the dignity and indepen.
dense Of the Judiciary being endangered |
BY the proposed action in reference to
Judge cofinberry the danger is the o'her
say, The judiciary, itself, dspends upon
he. Intelligence and moral sense Of the
people for its dignity and authority AID
{ wiz not do to permit that moral sense,
aPon which ell good government is based,
p hsfo outraged with impunity. Let
ssisehls petitions be at once circulated
the country, requesting him to
.ssiga,