Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1870-02-19
AaemarLasi, Inaeeea, Letter


From the 0.l,ssioa Balls'in
The time was when a Judge
would have seen his right arm
hacked from his body before he
would have disgraced himself and
dIshonored his position by entering
into tho partisan politics ofthe day
But times have changed, aud our
highest judiciary now not only ex'
eeute ia. law in favor OF their party,
but actually beg for new GRIMES
and dictate new statutes TO proiong
their lease on power. Some Few
weeks since tho Military Comman'
der insulted the whole State By an
act which before tho war would
have been pronounced impossible
IIo placed upon the Supreme Bench
of the State of Texas soldier, i'm
ported from some State, We know
NOT whereat. We never heard OF
him, until the order came placing
him upon tho Supreme Bench,
and committing tho lives, liberties
and fortunes Of the citizens OF tho
State TO him us u member Of tho
court of last resort. Outrageous
ul.is is the proper word) MS wHs
his appointment, we did not expect
that hc would so far forget his ju'
diciul character rs TO write the fol-
lowing letter to the Hon. Mr.. Law
renee, of Ohio:
AUSTIN, TEXAS, Dec. 90, 1869.
Dear Sr-Tho proposed consti-
tuition of Texas, just passed upon
by the people, section one, article
twelve, makes the 18th amendment
10 tho Federal Constitution q test
of eligibility TO Office.
Thefoliowing difficulties present
themselves:
/. Tho proposed constitution pro-
vides no penalty for taking the oatn
fllsely. =,
2. Tho statutes Of Texas provide
no penalty.
8. The statutes Of the United
States provide no penalty.
There is quite large infusion OF
tho old rebel element in the Legis-
lature elect, which threatens TO give
us trouble in the election of United
States Senator's, and many other
matters connected with the organi-
zation of tho new State Govern
m,nt. We have fought II glorious
battle and won brilliant victory,
but We want help from Congress to
make the fruits avail us.
And to this end we ask that Con-
gress do Immediately pass an act
making the oath prescribed in the
| proposed constitution, section one,
article twelve, obligatory by law OF
Congress, to be administered by
officers competent to administer
oaths in the Federal courts, making
the falsely taking the oath perjury,
and requiring it to be given in
charge by the United States Judges
| in Texas to their Grand Juries, and
to take effect from and after its pas
sage.
Unless we can obtain this act
there is s)mc probability that Ham
ilton, the man who has done every
thing in his power to break dowI
and drive out the Republican party
from Texas, will be chosen United
States Senator.
Your obedicnt servant,
NJ. B. WALKER.
| Hon. WILLIAM LAWRENCE.
1t will be seen that he asks that
new crime be created and new
penalty affixed, and for what pur
pose? To prevent a political oppo
nent being chosen to offico. Tha
is all. He would hold u prosecution
for perjury as a rod over homes
men to prevent them qualifying TO
the Legislature. Now for tho of
f.nce which he proposes to create
We will admit, for wo believe it t.
be a fact, that men have sworI
falsely to accept Office. But tn,
matter to which they sworo is sucl
that no human being, save them
selves, can absolutely determine
Thoy swore to that which, in mos
cases, can only be known to then
and their God. 1t is impossible 70
any man to determine how much Q
any help to rebellion was given b.
ano. .hcr of his own free will. Their
are influences which compel or in
duce man to do acts which are in
visible and incomprehensible 4
every other mind but his own. T.
attempt to Judge of these by cour
and jury, and especially by a cour
and jury of opposing politics, is a
gross an outrage as criminal lay
ever rerpetrated. Judge Wake
should pcrusc the lives of Bushro,
Washington, John Marshall IN,
other judicial worthless. and lear
to keep bis hands unspotted fron
party politics. We know that th
Chief Justice has but newly sc
him an example. We know tina
Mr.. Chase, with all his greatnes
and all his goodness, still dabble
in the dirty puddle of party politics
but good men grieve to see him d
so, and postcrity will hold in bu
slight estimation the memory {
any judge who follows his example
We ask Judge Walker what bus
ness it is to him who is elected Un
ted States Seaator? By the grace {
General Reynolds he IS a judge o
the Supreme Bench. We do nc
know that he is even q citizen {
the State. "We have fought" say