New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-10
FLORIDA ELECTION CASES.
ANDfUS OF THE DEMOCRATIC ONSLAUGHT
UPON JUDGE SWAYNE.

with its Characteristic disregard for truth and criminal
avidlty in libellng those in power, has been making
the officers Of the United States District Court FOR the
Northern District Of Florida the target for malicious
and sensational attacks.
Before replying to these charges, let say that
before the general election tho Democratic party
In this state confident that Cleveland would be
re- elected. They knew that all the machinery Of
elections in this state in their hands, their can
didatcs for state officers would he counted In. and
with Cleveland in the White House and B0urbOniSm
cnthroned at Taahass crime, against ele ton laws
committed In the interest of BOurbOnlsm would be-
come virtues and their commission the true way TO
political recognition Hence, al the election Of 1858
! there great rivalry among BOIrbOns as TO who
would count the most Democratic votes and above
those properly and legally deposited in the ballot
boxes who would crlminally deposit the most Demo
cratic tickets in the baot-boXes. who would frghtcn
and deter from voting the most Republicans, which
chief supervisor OF registration would frudulcnty pre-
vent tho most Republicans from exercising
the right Of suffrage. In word, with the Florida
Democracy the wreath to be placed upon him
who committed the greatest number OF offences against
election laws and there hustnc for that wreath.
Mr. Cleveland was. by the expressed will Of the
American people, placed in the cold. cold ground,
hut by the ways and means Of the Solid south. the
candidates upon the Democratic state ticket were de
cared elected and the state continued in the Demo
cratic column. But with Mr.. Ccvcl1nd'' defeat came
sadness and far. The state courts would not take
conlzance Of the offence, 10 which the officers thereof
owed their official life but the duty Of appointing
Judge Of the United States Court and the other
officers thereof devolvcd upon President Harrison
and All volators Of Federal law saw the coming Of
the day wherein they should pay the penalty for
their transgre,,on.
shortly after taking hold of the reins Of govern
mcnt President Harrison appointed as Judge Of the
United states District Court for the Northern District
Of Florida Charles sNaync; and shortly thereafter
nllcd the Office, Of United states Disirc. Att oruey and
United states Marshal \ Special Term OF court was
called for october A. and on that day the newly up
pointed officers appeared in court In their Official
capacities for the first time. At this time the Demo
cratic mana GERS notwithstanding that few If any. ar
rests had been made for violation of election laws,
allowed their guilty knowledge Of the many crimes
under that law 10 act upon their hopes and fears
Counsel wa, procured and motion was made to
quash the venire OF Grand Jury, on the grounds
that The person who acted Jury Comnssloner IN
selecting and drawing said Jurors, j. O. Farrell Is
not and was not well known member Of the Demo
cratic party In said district that Icing the principal
political party said district opposed to the RepuD
lcan party to which latter party the clerk of SAID
court bclon.,7 This technical objection, made to
delay the course Of Justice, based upon untruth
The Jury Commissioner Is and since the war
OF the Rebellion has been well known !
member Of the Democratic party. but
the interposng of this plea gave counsel
An opportunity 10 delay matter, FOR few days. and
.llvc to the Democratic lawbreakers an opportunity
to bring polite, into court. There no charge |
That the Jury Commissioners acted corlupty, aud Judge
~v,yne in a clear, aLc and forciblc opinion over
ruled the motion. Then began the Democratic TRADE
against Judge swayne.
Judge swayne Was too honest man TO fall down
ana worship according to the Bourbon dication; &c
was too upright Judge be guided In his Official
b Wishes Ot AOicthcfN NHcu bitN
W re- contrary to law. Nv this one decision Jids'
oWAlnc incurred the open hostility 81 the DcuV-
clats Of Florida, notwithstanding that hls opinion
c.rrics with conviction to liz rcctltude ana 10
AIN lawygr Will and does appear legal, logical and
unAn, wea ble and BOURBON press, ever ready IN
defending and apoOezing Tor bourhOh crimes, stareu
lie warWhCOp Of partisan per-ecutlon,.' 10 cary
forward their scheme TO convey 10 the outside work.
.he impression that these Democratic ltWnicaAeto
Nore beng prosecuted. to bring the machinery o. tns
rw into dscrcdt to boom the senatorial -p.ration,
~ one OF Jacksonville, lawyer ana 10 ict1ld Al
nonry into The merit, Of any of these election cases.
lies in Abatement to an Indictment Met. which
forth that of the twenty tnfcc persons summoned
a, grand Jury. twenty two are and were well known
c publicaii,. and only and I, member Of
he Democratic parry. and that OF the persons whose
iamc, were placed in said box from which said
u,ors were drawn there were ten Republicans and
m this plea the United states joined |
sue ana trial of the truth Of the allegations was
rhc defendants d!d not attempt to show that it
vas true that of the twenty three persons drawn
md wrr, well known Republicans" and there is no
ui t Of law that wonld permit an examination into
rfchdsnts offered in evidence the following letter.
nitrd states Marshal for the Northern District OF
. make out a list Of hfty Or sixty names OF true
nd tried Republicans from his county registration |
id for Juror. IN the United states Court and forward
ame 70 tie Hon. L. Walter clerk OF the United states
ourt. The jury under the law, was To be drawn
y the clerk Of the court and the jury commissioner
rawins And this letter had no more bearing upon |
be questions o. issue than would letter from the
81 Nnfrl ~ <
cuuve of south Carolina ASKING that question /
hat has gone into history and made these respective
,cton being made To the admission Of this letter
udCe Swayne very property ruled that it should not !
he clerk or jury commissioner No respectable :
lwycr would seriously contend for one moment that c
show corruption on the part Of the clerk or jury
Had Judge Swayne admitted IT he
aFShal positively that the letter written a
llhout the knowledge, consent or privty OF the I
HON devolved the duty Of drawing the jury. There a
as evidence offered that would sustain il
bic. namely. he overrul"d the plea.
1t has been said that Judge swayncs appointment f
ey did not know him a. Il lawyer or esteem him Is o
man. This Is an absolute and unqualified false
,rtment u the University Of Pennsylvania lie
actscd law IN PHILADELPHIA for fifteen years lie
sston and continued as such until his elevation to ~
e bench. lie nominated by the Republican p
ate Convention OF lrSh FOR supreme ourt JuuEH. | u
rs ndor,cd for his present Office by Of the b,
aiding Republicans. by the entire Republican, de Ii
On To- the Florida Senate and House. by CHIEF JUS "
e Kinney of the Florida supreme Court. 10y many M
'mbcrs Of the Florida bar, and by many nhuen- RI
Al gentlemen In the North who had known him OF
NJ and intimately His appointment was more a
an satisfactory. His standing as lawyer and gen. 10
man has never been questioned. And his conduct
IS gained for him the friendship.
teen and confidence of all citizens, irrespective Of
lty affiliations, who are in favor OF an honest.
fright and impartial administration Of Justice. ~,
People in the North where, all are equal in the !
cs Of the law, where political equality is admitted.
Il where crime Is punished irrespective of the | "
litlcal Affiliations OF the criminal neither realize =
r appreciatc the necessity Of having United states "
ts presided over by courageous upright impartial nj
m 10 these courts alone look for pro- | IS
.tlon i'm our political rights The Democratic party ~
nd Ii, ~