Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-11-16

and wilfally granted certificate in any
case to any one, who he did not believe had
established right to 1t, no honorable man
n this community will venture to affirm.
Indeed prominent members Of the Radical
party disclaim any such belief. Why,
then, 1t may be asked, is this cruel war
waged against him-why has a large fund
1een raised to carry it on-why this effort
blast the reputation of a worthy man
Ind bring shame and sorrow upon his in
nocent wife and children? The answer
cannot be found in an honest desire to pre-
serve our free institutions. No such mo-
tive can be supposed to actuate men stepped
to the lips in fraud, in all its phases, on the
integrity of the ballot. Personal hatred
can have nothing to do with his pl
tion. Perhaps there cannot be found in this
community man more respected, and who
has given less occasion for personal enmity
than Judge PUGH. No, the solution win
be found in profound, ineXorable and de-
testable policy, that declares exclusion
from citizenship of all who symyathize
with Democratic principles; policy that
has disfranchised the white men of the
South, and enfranchised their negroes; a
policy that proposes to drive from the polls
all foreigners that oppose Radical rule, by
| the fear of prosecutions got up on the in
formation of hired informers, and to deter
State judges from taking cognizance Of
applications for naturalition, by the teIrors
OF such a proceeding as is now harrasing
Judge PUGH. @ s9i
In view of this case grave questions arise
for consideration, aside from the personal
wrong involved. 1t is the Inauguration o
system of terror that should arouse
prompt measures to defeat it.. But the tur.
tler question arises, are we to submit tc
the exercise of this sort of criminal juris.
| diRtipn by subornate of the Fedora
cddtts to drag our judges from the bench
to answer to alleged violations Of law Of
Congress, committed in their official char.
acter? The Probate Court in contempla-
ton of law is always in session. And now
whilst judge of that court is in durance
before Mr.. Commissioner HALLIDAY, in
Cincinnati, the business of that court is al
dead stand. If this can be lawfully done
what is to prevent a raid on the Common
Pleas or the Supreme Court, whenever il
shall please Radical county committee to
invoke the power of a United State Com
missioner to punish refractory Judge. Is
the Judiciary of Ohio to be thus at the
mercy of pot house politicians and partisan
officialsp Is 1t not time to revive the con-
temned doctrines of State rights? ~sz
But when before was 1t supposed that a
Judge was amenable to arrest and prose-
cution, except by impeachment, for an act
done on the bench in the exercise of his
judicial functions? !? Certainly not since
the reign of EDWARD Fourth in England,
and never before in this country A
Judge, after conviction and removal by
impeachment, may be prosecuted crimin-
ally in some cases, but whilst in Office he is
not SO liable. By the common law Judges
of all courts OF record are exempt from
all prosecutions, except by impeach-
ment, for any thing done by them
openly in such courts as judges
l Hawk. Cr. Law, 447, Sec. 6. IL Coke, a.
Tie reason for this is obvious, as the au-
thority of the Government cannot be main
tanned unless great credit be given to those
entrusted with the judicial department.
And its administration. may be suspended,
to the great injury of the public, if Judge
ne exposed continually to prosecutions by
those who may seek by such means to re-
yenge their private grievances, or redress
Of public wrongs