The National tribune., 1883-11-01
stallation There viii be, doubtless, large ac-
cessions TO the Camps ranks, which now num-
Der fifteen members.
THE BLANDIN CASE.
Is Deserter From the Union Army Eligible to
0iflce
Special Correspondence National Tribune.

nominated, d few weeks ago, for the honorable
Office of judge of the court of common pleas,
Mr.. Edwin j. Blandin, prominent lawyer,
and for twenty years respectable citizen of
Cleveland 1t was learned, however, shortly
after Mr. Blandin's nomination, that he was d
deserter from the Union army. he enlisted at
Washington Courthouse, Ohio, in the Fifty
fourth o. Y. l. TO serve three years, and de-
serted in front of the enemy's works at Holly
Springs, July 18, 1862. The Cleveland Herald
attacked Mr.. Blandin on this score with un-
usual partizan zeal In reply, Mr.. Blandin
wrote a card confessing his desertion, and
boasling that under the same circumstances he
would desert again. Those circumstances he
did not choose TO detail, but it is learned that
he justified his crime against his flag by charg-
ing his superior officers with malicious bru-
tality.
The Blandin card is as follows:
THE BLANDIN CARD.
To the Editor OF the Herald.
SIR: In response to the communication and edi-
torial in the issue of the Herald of September 2Sd
IN which am charged with being deSerter, allow
me space for brief reply
Company F. of the Fifty-fourth Ohio volunteers,
was composed of as loyal and true men as ever en-
listed to defend their country They entered the
service at time when only patriotic motives in
Guenced men to enlist. IL is true, also, that the
records of that company viii show that twentysix
of them deserted, and twenty-four others managed
their discharge before their term OF serv-
tweuty-six who deserted.
The fact that fifty loyal and true men either by
desertion or otherwise, managed to evade service
in that company will satisfy ALI men who have
been in the service that these men were impelled
to the act through reasons that they viii not be ct
q loss to understand
have no desire to plead in extenuation youth
ful indiscretion my act. Looking back to that
time with the memory of the reasons that induced
TO take the step still fresh in my mind, have
no hesitation IN saying that would DO as 1 did
then were placed in the same situation.
To enter into detailed statement here would
consume more time and space than deem neoeS-
sary. / ready, however, to make 81 full state
nent of the facts in the case to anyone who may
desire to know them. Old soldiers viii readily
understand my position. To many other citizens
to whom this fact in my history, resurreeted
and presented after twenty years, which seems to
be the only weapon against me in political cam
paiGIi, have only this additional aIser-nly sew
enteen years residence in this city, my public and
private life ana fain to believe will not wholly
deprive me Of their confidence
Yours, respectfully, Z. ]. BLASDIS.
CLEVELAND, o., Sept. %, 1888.
The bitter attacks of the Herald were over
done and created more or less sympathy Tor
Blandin, while on the other hand his oppo-
| nent, though an honorably- discharged soldier
and splendid lawyer, had the misfortune to be
unpopular with the members of the bar. The
result was that the deserter was elected, and
the honorable soldier, who endured the priva-
tions and hardships and sacrifices of the war,
was defeated.
Said one old veteran: az have seen young
soldiers of less native ability than E. j.
| Blaudin, without education, with lack OF
| moral training and without social ties desert
in the enemy's country. | have seen them
recaptnred, convicted, and hung by the necl,
until dead, within forty eight hours of their
desertion. | have seen soldiers for the same
crime appear by force before the ranks of their
| comrades aud the letter d burned into THEN
| flesh with red-hot iron, and then they were
drummed out of camp to the tune of the
Rogue's March,"
But Alr. Blandin was elected, and now the
question arises, Can he legally hold the Office
| At meeting Of soldiers held last week three
! prominent attorneys, Messrs. NJ. ID. Leggett
| II. B. Gary, and ]. T. Hsinck, We're appointed
a committee to advise with the attorney-gen.
eral Of the State as to Mr. Blaudn's case and Il
urge Governor Foster to withhold his commits
sion until this legal question had been settled
! The committee sent letter TO the governor
reciting the facts and asking him TO withhold
Ir. Blandin's commission.
THE ATToRNEY-GENERAL's OPINION.
The governor referred the matter to the
attorney general, who rendered the following
1 opinion:
ATTORNEY GENERALS OFFICE
CoLUMBCs, o.. October ie, 1888.
/ Hon. CHARLES FOSTER, Governor, Columbus 0.
DEAR SIR: Your favor of this date, with incios
ures, is received. By these / learn that you aft
asked Ia your Official capacity to make a legal In
vestigation of charge OF desertior filed against e
j. Bialdin, ESD of Cleveland, recently elected tS
the Office OF common pleas judge, before issuing I'M
commission. lis accuSers insist that ne is dsqIia
ilied from holding the office by reason of sector
1 1896 Of the Revised Statutes of the United States
which declares that deserter from the military o
naval service OF the United States shall be deemed
| TO have voluntarily relinquished and forfeited
his right OF citizenship, winch is undoubtedly es
sental TO his right 10 hold Office in Ohio No rec
3ft.zfA hoe ,ss.I-
or convicted Of the ofeIse. Evidence 70 establish
the charge, however, Is offered III the form of az
| alleged confession. An elaborate and carefully
prepared DIief IL also hed IN winch 1t Is sought u
be shown that ii Is the iet OF deserlon and not tt
| trial and conviction which works forfeiture o
citizenship.
On the other hand it lie claimed that desertior is
crime 10 be tried by the courts, ana that before
| person guilty thereof can be punished either by
loss o eitizenshipO otherwise he first must be
vcted by due process Qfiaw iii a court of competen
Jurisdiction. fhe latter position is, in nly Judg
nent. sustained by the weight Of authorities
But however this may be- the Governor Of Ohi
| has Judicial power TO hear and determine
question Of this character. The judicial power O
the State, except in of impeachment Is yeste
exclusively u the courts Section l. article l. OF tn
Constitutionl
/ am. therefore of the opinion that commission
should be issued 10 Mr. Blandin under section S3 Q
the Revised Statutes of the State, upon his com
pllaDce with the condition prescribed therein, t
wit. producing to the Secretary of State lega
certificate OF his being duly elected
Authorities might be cited In support OF this con
clusioD, but | presume this is not necessary
present. If Mr. Biandin be ineligible to the Office
commission VIII not interfere with the adJudiea
ton OF the question: should application be made
the proper tribunal while refusal TO issueit NIGH
be attended with unpleasant complications. Here
with find Enclosures returned. With sentiments Q
high consideration, have the honor 10 be- you
obedlent 6eryent, ID. IL. EoLLISGswORTH,
Attorney General.
In accordance with the counsel of the al
torney general. Governor Foster has issued t
Dir. Blandin his commission, and that gentle
man can now assume his seat on the bene
Immediately Oh his taking the customary oath
Your correspondent called on one of the CON
Inittee TO learn if anything further would b
done. Certainly" said he. There is to
much doubtas to the legality Of Judge Paadin'
official acts to let the matter drop here. Th
only object now III contesting his right to hol
otIce is TO determine whether or not sue
Judgments as he will be called upon to max
will hold good. We shall begin quo aCaTra,a
proceedings against him when he takes hi
seat, and If ! mistake not the case will be on
OF great deal more than ordinary interest an
Importance"
B-4kNDINs DEFENSE.
Yoar correspondent called upon Mr. Blandi
end asked hiIn if he would detail the story {
his desertion and the causes that led to it, Fl
refused TO do so, but said: The people wit
whom have lived nearly twenty years, upo
fuIlrcfeetion and with full knowledge Of all ths
could be said against ME by partisan iourna
Spiced by little malice witllal and withou
ahy apology on my part, have deliberatel
elected me their judge. They, if anybod,
are concerned in the matter, and / hay
M dqSirs- IN aratifv teare anpatita for eroco;