Year: 1859

litiOu Party.


We find in the Cleveland EraI an able


ter from Citizen" complaining of the trea.


ment that portion Of the party had received


which favored the denomination Of Jud2


Swan. The writer declares that the Reserv


has read Judge Swan out Of the party; andw


add that every man who goes 'or maintainin


the Constitution OF the United States and the
+ independence Of the judiciary is also read out
! OF the Gboiitlonized Republican party, Th
correspondent of the Herald states the case
against the Convention. There are thousand


Of calm, thinking men who view the matte.


just as he does; and it cannot be doubted, that
the Republicans will receive such rebuke ix
October as will effectually overthrow the base


and mischieyous precedent they have attempt.
ed to establish. The writer in question says:
Is there any dispute among iair-mindedms
that Swan was defeated for the reason thath


had pronounced a certain opinion as Judgeo,


the Supreme Court? Twa weeks before thu


Convention no other candidate was seriously
talked of. He was admitted By all to be asf


man for the place as any in our own ranks


and was so universally approved By the peop


as an able and upright Judge, that ali admitted


that no man could poll stronger vote Why


was he not nominated? Mr.. Editer, the rea-


son is that the delegates, our brethren from th


Reserve came down to punish him for the de-


ciSon he had made few days before. 1t is oil


no profit to any one TO disguise this, indeed all


the delegates from that region at the Conven


ton avOwed it! You argue that the defeatwt


accomplished without the Reserve, and refer tc


the vote in the Convention to prove it. | re,
spectfully and in all kindness submit whether
this is not departure from the usual candor o.
the Herald? True. the votes appear as you say
h,,f, md hot ;nHY 7
of any arrangement to secure benefits to lecali.
tics-but to the indisputable fact that all can
did men who were in and about the Convention
will ubstantiate-namely that We were told if
Swan was nominated be must be defeated, be-
cause he could carry no votes on the Reserve
Under the pressure Of this threat, many dele
gates from all parts Of the State, not attaching
so much Importance as some of US do, to the
act Of sustaining an independent judiciary and
standing By an upright judge, gave way, and
cast their influence and votes for man that
could be elected" 1 I'd.


1t is argued in some quarters-I believe the
argument has not yet been adopted hy the Her
u'4-that Judge Swan was defeated because
the Convention did not desire to bring the de-
cision of legal questions into party politics-if
he had been nominated, they say, the party
would have adopted his decision as part of it's
political creed! II is difficult to understand
now such a consequence should follow, any
more than that allthe other decisions ever made
by him would, by his nomination, have been
engrafted upon the Republican platform. But
this course secures Judicial independence, does /,
it? Let US see. This argument comes to Judge
Gholson in this shape-"We wish you to un-
derstand, sir, that we are for judicial independ-
cnce we shall never at our conventions ques-
h H.
make, shall not bring it in issue, but, sir you
are not permitted to lose sight Of a great prin-
cipal, cardinal in our creed, namely: that if in
the performance of the duties Of the office to
which we have called you, it should become
your duty to decide this question, as Judge
Swan has, or any other question in opposition
to cur political notions, we cannot re-nominate
you, for we do not permit judicial questions to
be dragged into party politics" -.-4


This the Columbus JouI7lalsays is the doc =
trine Of the Ashtabula Sentinel Every one
must see that not only Peck and Scott, but
SutlifI and Brinllerhoff must all 90 by the board
by virtue Of this new and strange doctrine" g.


Much is said about Columbus, in connection
with the dissatisfaction occasoned by the de-
feat Of Judge Swan. wish it understood that
/ am not in nor Of Columbus, but utter opinions
that are common to men in all parts of the
State, and who have no more interest in that
city nor attachment for it than those who wish
to torture our regret into sectional disappont-
ment. Nor have ever been on such terms of
intimacy with Judge Swan himself as to feel
aegrieved as his personal friend, but deplore
what has been done because | believe most
serious and dangerous attack has been made up
on department whose purity and independence
are indispensable to the preservation OF civil
liberty. Not only this, but this new doctrine,
if adopted as part Of the Republican faith.
must in the end prove as disastrous to that par
ty as it will to the maintainance of order and
the protection Of the rights Of person and prop.
erty in that State.


have said nothing Of the claims of Judge I
Swan has upon the Republican party on account {,
Of the strength his name gave us in our first,
at time, too, when the salary to bs
derived from the office was less than half the
income OF his practice at the bar; nor yetFof the
extraordinary soundness OF his judgment, the
purity Of his character, and the
healthiul, moral influence he everywhere exerts
upon the administration Of justice, Il lI..igrsc !