The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-02
WEDNESDAY, OCTOBER 2, 1867.
Tsn of No Consequence


tolI ma that IL is of no political consequence
"a TO whether we return the present officer or
not that If he be returned it can do no harm
TO the Republican party. "The constitution of
the Court of Common Pleas is such," say
they, ''that in its limited jurisdiction no poll
tical influence can be exerted." Does the
past sustain the statement Cannot the posi-
ton Of Judge be used for political purposes,
and may not mighty influences be exerted
even by a minority on the bench 1t must be
remembered that the jurisdiction of the Com
mon Pleas is not circumscribed, but its powers
are of the highest order. Mr.. David Paul
Brown, in an argument in favor of Judge
Ludlow, confesses the truth when he says that
''the Court of Common Pleas of Philadelphia
county possesses and exercises more diver
sifed, complicated, and important jurisdic-
tion than any other court in this Common
wealth, not even excepting the Supreme
Court itself. 1t embraces in its branches
civil, equitable, ecclesiastical, and criminal
jurisdiction much more extensive, if not more
magnificent, than the Common Pleas of Eng
land, and, indeed, includes many of the judicial
powers of the Kings Bench"
1t is, therefore, matter of the highest
moment as to whether or not the judges Of
that Court should be selected exclusively from
the loyal sentiment of the community. Let
us instance but two cases in which the inhu-
enCe of Judge Ludlow on that Bench has been
most baneful. One is the time when during
the war, A. D. Boileau was arrested by the
United States authorities. The life of the
nation was in danger. The existence of the
United States hung trembling in the
scale. At that critical moment, Boileau
published articles calculated to defeat the
Government-articles seditious in language
and reasonable in sentiment. The Govern
ment arrested the offender, and in doing so it
was sustained by the opinion of all the true
men of the land. Judge Ludlow went out of
his course of duty, did not wait for bill of
indictment to be presented against the
United States authorities, but charged the
Grand Jury to find true bill and he would
at once summon all the force within reach of
the Court to compel the arrest of the officers.
This act was extra judicial. 1t was not his
duty as Judge to act as he did, and he knew
it was not his duty. 1t was violent, dislOyal
attempt, on his part, to produce conflict of
authority between the State of Pennsylvania
and the General Government and thus extend
aid to the Rebels who were seeking our destruc-
tion. Judge Allison, as soon as the matter
reached his ears hastened to the court and
reversed the order of his associate, at the same
time passing the severest censure on judge
who would thus exceed his duty to produce
a conflict and endanger the nation.
Such is one case of the power
of the judgeship and yet, in view
of it, we are told that it is of no consequence
whether we have loyal judges or not. 1t is of
consequence, vital consequence, and if the
people will be blind to the lessons of the past,
we only pray that in the future they may
not learn in sad experience the evils and
dangers of Democratic judiciary.
The other case, and one of even more poll
tical significance than the one above quoted,
is the action of Judge Ludlow in the case of
Ewing and Thompson, in the contested cleo
ton of Sheriff. The facts were plain. A gross
and palpable fraud had been perpetrated in
the soldiers vOte-a fraud 80 clear that it
bore primo tacie evidence of its falsity. Sealed
returns were violated and dead soldiers made
to vote for the Democracy. This fraudulent
vote turned the scale, and if counted, would
have elected Robert Ewing. The return
judges were unwilling to count what was evil
emily palpable forgery, but Judge Ludlow
rdered them to give the certificate to Mr..
Ewing, and the result was that for eighteen
months a Democrat held the Office of High
Sheriff, and used all its patronage in favor of
that party, when as it was afterwards proved
and decided by all the judges, the election
was fraudulent, and Colonel Thompson even
tually placed in the position out of which
Judge Ludlow had unlawfully kept him for
half his proper term. "Yet it is of no conse
quence whether Judge Ludlow is elected or
not ~ What has happened in the past may
happen in the future; and shall we again sub
ject ourselves to defeat and unjust judgments
by returning to his present position the gem
tleman who has decided so wrongfully
against us
On general grounds of principle we must
oppose Judge Ludlow. While the war was in
progress, and we saw that every energy was
necessary to carry it to a successful conclusion.
we determined that those men who in that
dark day were working against the nation,
whowere quibbling for rights which would only
inoommode the Goyernment-that those men.
Whan tho xUar uas auocess fully Ovar sbouId