Judge Wilmot's Defence.
(CONCLUDED FROM FIRST FACE.]
terms ; but. perhaps left it to inferred from the
general character of their talk.
Since the admission to the Bar of the young
man who was thus free to impugn my motives,
there have been iu the Orphans* Court and in
the Common Pleas erf Bradford County, one
hundred and three Audits : of which that gen
tleman lias had eighteen, nearly one fifth of the
whole number, and very nearly one half of the
whole number hi ve been given to gentlemen
whose names are on the memorial to blot out
that Judicial District. To Mr. Elwell have
been given six ; while to Mr. Mercur, who is
represented to have such undue influence over
me, there has lteen given not one. These mat
ters are proved by the certificates of the Pro
thonotary and Clerk of the Orphans' Court,
herewith submitted.
I would here notice the unfounded charge,
tjiat of being unduly influenced by my friend
U. Mercur, Esq. Of some forty causes taken
into the Supreme Court from Bradford County
in the six years that I have bfen upon the
Bench, 1 am not aware of but three reversals
up to this time. One case, not yet reported,
was a small matter of costs, between a man
by the name of Maason Elsbrc, now a Dem
ocrat, and the Sheriff and Prothonotary, polit
ical and personal friends. Mr. Baird and Mr.
Klweli were the Counsel concerned. I ruled
the ease in favor of Elsbrc, against my friends.
Mr Baird took a writ of error and reversed
me.
The first of the two cases reported in the
Books is that of Paine vs. Edsall, 19th St.
llep. puge ITS. 1 ruled the case in favor of
Edsall, who was a Democratic candidate for
the Legislature in and the client of Ed.
Overton. Mr. Mercur took a writ of error
and reversed me.
The other case is that of Fowler vs. Jenkins
24th St. Rep. page 308. 1 know not the po
litics yf either party. Mr Mercur and Baird
were the counsel concerned. 1 ruled the case
in favor of Mr. Baird's client ; again Mr Mer
cur took a writ of error and reversed me.
Thus,in the cases tried in Bradford County,
in which 1 have fallen into error, thought
worthy of review, I have erred against my
frieruks. No political op|>oneiit from that
County has ever been compelled to go outside
of mv Court to obtain his legal rights. I sub
mit if this striking and significant fact ought
not to shield mc from the charge of political
bias, with all impartial and candid men ? No
gentleman whose name is on the Bar memorial
ever reversed a case decided by me, except Mr.
Baird, and then only to carry the cause for
my political friends, against whom I had de
cided.
Again I have understood that it was asser
ted before this Committee, by one not a member
of the Bar, (V. E. Piollet) but whose feeling
in this movement transcends that all others,
that no political' opponent could obtaiu a
License in my Courts.
This charge is made in utter disregard of
trnth, and of the facts spread upon the records
of niv Courts. The Court in my district has
been cxteremly liberal in the granting of Li
censes—too liberal, 1 fear, for the good of the
community or the honor of the Court. 1 feel
intirely safe in the statement that uvt more
than three or four cases can be found in Brad
ford County, and not a grater number in the
County of Susquehanna, within any year of my
official term, where the Court has refused, for
any cause whatever, to grant a Tavern License
where the application was filed in time to give
the notice required by the Statute ; and the
statement I will verify by the records of the
Court,time for that purpose being allowed me.
Again, 1 understand that it was made a
ground of charge against me, by the saiue
man who so unadvisedly preferred the o ie last
noticed that none but Republican Tipstaves
attended upon mv Courts. This is too trifling;
and yet it has more of decency, because more
of truth than other charges brought against
me. The vigilant informer who presents this
grave ground of complaint, although seldom
an attendant upon my Courts, very probably
knows more about the polities of the Tipstaves
than does any member of the Court. L can
only say for myself, and, so far as I know, for
my associates, that no member of the Court
lias ever had one word to say upon a matter
so important as tlie appointment of aTipstave.
The Clerk has been permitted to select whoever
■ha pleased for this duty, and if there be any
thing wrong connected with it, it must be in
this, that the Court has surrendered into the
hand* of its clerk so important a function.
Seriously, 1 appeal to this Committee, if ever
before a Judge was arraigned upon charges
like these ? The Judicial office has, heretofore
been deservedly held in high respect. I sub
mit that the day of its respectability is gone,
if Jadges can be brought before the Bar of a
Legislative Committee, upon such accusations,
by any one who may cutertain malevolent feel
ings toward them. A Judicial Commission in
Pennsylvania, will not be of much worth in
the estimation of honorable men, if this case
should become a precedent for future Legis
latures. No Judge will feel safe in his char
acter or office. The lines of Judicial Districts
will be marked in the sawd. The tenure of
the office will virtually depend upon-party as
cendency in these Halls. That provision <f
the Constitution will lie abrogated which de
clarcs that President .Judges of the Courts of
Common Pleas "shall be elected by the qual
ified electors of the Districts over which they
are to preside, or act as Judges."
I have heard a ruinor, that I was in some
way blamed in the matter of a criminal pro
secution, Commonwealth vs E. B. Chase, in
dictment for Libel, instituted by me some two
years ago. The rumor is not sufficiently de
finite to enable rae to state wherein the wrong
is alleged to consist. In this case 1 feel that
great injustice was done me—that my rights
in Court were put in jeopardy, though influ
ences that 1 will refrain from commenting
tipou.
I will read the affidavit of the District At
torney, when this Committee will see that
whatever wrong there was iu this case, the re
gponsiblity of it does not rest upon me. That if
iu a single case partizan influence so far en
tered the Court as to make a grand Jury for
getful of its duty, other parties than myself
bave answer for it.
I also present to the Committee the record
containing on file the paper in which the Li
beller retracted his slanders, and also showing
the entry of a nolle prosequi on the same day.
( Prom the A/ introse Democrat of April 17. 1558.)
"Judge WII.MOT lectin* tliat bis official conduct anil
Integrity tuve been unjustly n-sailed by publications in our
1' 'P*"' • *<-• ilc-irt- to say in justice to him. to the public
an nu oar-ell, that we did n( ,t intend to impugn the ii
y-rity ol Indue \\ ILMOT as a mail, nor to charge upon
Umi corruption, partiality or political bias. in the clin
ch irjpe ol bis responsible .1 .ties. We have M-. ~ nothing
wr d . we kuow .t anything, in the conduct ol Judge
WITMOR to .varraut ucb a clier^c.
The publications complained of, were hastily and iit
conaideratfly written, and we regret anything therein
contained retfectiiijt upon the official integrity and con
duct of Judge WILMOT."
This man, who to avoid the consequences of
his grime, professed contrition for the wrong
he had done me, and implored my forbearance,
renewed his abusive publications within three
weeks after, and is one of the instruments in
the hands of others to renew his slanders at
this time. He is now safe in being irrespon
sible to answer in a Court of law for any Libel
he may publish.
Another rumor has reached my ears, which
I will notice no farther than to make a direct
and positive denial of its truth. It is, that on
some occasion, (when, rumor sayeth not) I ad
journed my Courts in the middle of the ultcr
noon, to make a political speech.
I have now referred to all the charges and
rumors of complaint that have reached my
ears. Does this Committee believe that stories
thus idle and unsubstantial would be circulated
in the streets, and relied upon to carry this
measure, if any real cause of complaint ex
isted ?
Before leaving this branch of the subject—
the charge of partiality and political bias—l
desire to lav before this Committee some cv
i idence that meets directly, arid conclusively
! repels such a charge. I submit, it is not rea
: sonable to suppose that all the members and
J officers of the Court are corrupt and untruthful
| men. If this charge of " partiality and po-
I lirical bias'' has any foundation in fact, it must
i be within the knowledge of other members of
! the Court, and of those officers who record and
| execute its decrees, and whose duties require
i constant attendance upon the Sessions. My
Associates must have been partakers in my
guilt—they as well as myself, must have been
governed by partizan influences, if indeed any
such influence ever had a place in the breast
of the Court. I now lay before the Commit
tee the sworn testimony of every Associate,
save one, eight in number, who have sat upon
the Bench with inc ; together with the sworn
evidence of the Prothonotary, Clerks of the
Orphans' Court, and Sheriffs of the County of
Bradford, who have been in office during my
Judicial term.
AFFIDAVIT OF ASSOC"! \TE JITDURS.
" The undersigned. Associate Judges of Bradford find
Susquehanna counties, who are now in office, or who have
been in office during Judge W'ILMOT'S term upon the
Bench, being duly sworn, doth depose and say : that dur-
I ing their .several terms of office they maintained the r.v-t
[ free and confidential relations with the said President
! Judge ; that they never saw anything in the conduct of
j said President Judge, indicating the least partiality or
! political bias, towards either counsel or suitor; thatthey
j never heard from said Prest. Judge an enquiry as to the
political chamcter of a suitor in Court, nor a suggestion
touching the political effect of a decision by the Court of
j any cause or matter before it.; that the deportment of
j said Judge was uniformly courteous towards every mem
ber of the Bar, and characterised throughout by proprie
| ty and decorum."
AARON CHUBBUCK, HARRY ACKLEY,
C. BURROWS, MYRON BALLARD
I JOHN F.LONG, CHAS. F. READ.
[ I>. D. WARNER,- JOHN PASSMOItB.
AFFIDAVIT OF PROTHONOTARY AND CI.ERK OF
j THE ORPHANS' COURT.
; ALLEN M'KKAN being duly sworn doth depose and say
that he is now, anil h is been, since the Fall of lsis, I'ro
thonotary and Clerk of ('ourts of * Iyer and Terminer, and
1 Quarter Sessions of Bradford County ; that during term
time he i- invariably present in Court attending to his
; duties ; that from the time Judge WII.MOT came on the
I Bench, in Dec. ls.il, lie lias been a constant and watch-
I ful observer of his official conduct; that he never saw
anything whatever, in the decisions ur deportment of
saiii Judge, showing the least partiality or favoritism to
wards either suitor or counsel; nothing which in his
judgment and belief, would have enabled the mo-t scru
tinizing observer (he being unacquainted with the par
, ties.) t > haw formed an opinion as t < which of iherouii
! sc! practicing in Court, agreed or dili'crcd with the Judge
in their political views, nor as to which of the counsel
lieid the most friendly relations towards liiin ; that his
deportment towards each and every member of the B.ir.
h is heen uniformly courteous ; that he never heard from
said Judge a harsh or discourteous remark addressed to
either counsel or suitor : that he never saw anything in
the manner of said Judge, which in his judgment could
Is* construed into disrespect towards any member of the
Kir : that he ho- on scv ral ca-uons noti 1 th- inark-
I ed deference ami respect with which said Judge lias treat
i ed some of the older me uV-rs of the Bir, wh ise names
; are <>i the 111 on >riol i-king for the annihilation of this
.1 ulieial Distri t. ali-nv tg smdi members to depart fr >m
' the usual rules in ;old --ing the C >urt. even allowing in
terruptions, when the Judge was prou cur ing a deeisi m
i to pass without reproof or sign of di -pleasure ; that coun
sel. so far as he bis been able to perceive, addressed the
< Nurt at all tiui -s. with the free 1 mi and confidence that
they addressed each other. Several gentlemen of the Bar
reside 1"> and 'in miles distant from the County Seat, and
i very frequently have some m titers of business, ui it,ions,
| arguments, ccrtior.iris, or orders and decrees in the "r
--! phans" Court, which they are anxious to dispose of. t->
enable them to return home ; that the said Judge, so far
as this deponent, lias observed, has at all times shown a
i cheerful willingnc-s to accommodate them, taking up
, their business, anil disposing of it. out of its order, even
[ t' the interruption of jury trials in a-'t nil progress. This
! deponent further says, that the business in said Court
In- been transacted with promptitude, and so far as this
j deponent lias ever known ur heard, with general satis
; faction to the Bar and the public.
A Id,EN McKKAN.
i Sinirn and subscribed before tnc. March 6th. lsjs,
N. X. BET IS, J. P.
11. 1,. SCOTT being duly sworn, doth depose and s.iv,
that he was !{••-order, Register, and Clerk of the Orphans'
Court, from Dec. Ist, 1 *.*!, to Dec. Ist. 1851, of the Co.
of Bradford, and th it as swell Clerk, it was his duty, and
he w is during the time very generally in attendance upon
the sittings of the Court, an observer of the official con
duct of Judge WII.MOT : that he his read the foregoing
i affidavit made by ALLEN M Kr.AV.an I does fully concur
i in the general statement of facts therein m ule.
11. L. SCOTT.
Strom M trch 6th, 1858, before It". 11. Decker. J. I'.
JAMES H. WEBB being duly sworn, doth depose and
j say, that since Dee. 1-t. 18.74, he has been the Clerk of
the Orphans' Court of Bradford C unity, and generally at
tended to all the duties of said office lit Court, being in
said Court every term a considerable share of his time,
air ] an observer of the official conduct of Judge WII.MO U;
that he has read the foregoing affidavits of ALLEN M •-
KEAN and If. 1,. S -orr, and d >es fully eoncur ill the state
ment* liv tlieru nude. JAMES H. WEBB.
Nioorn the I 6th day of M trch, IS.S, before If". 11.
Decker, J. P.
AFFIDAVITS OF SHERIFFS THOMAS, CODDING,
AND WOODRUFF.
CHESTER TIIOMAS, JOHN A. COMM.NO. and T. M.Woon-
Rrke being duly sworn, d->th depose and say, that they
have severally been Sheriff of Bradford County, during
some part of the time since Judge WII.MOT camp on the
Bench in the fall of ls.ll, and as such were much in atten
dance on the sittings of th,- Court ; that they never saw
anything in the conduct or decisions of Judge WILMOT,
J exhibiting partiality or preference towards any member
or members of the Bar, nor towards any party or suitor
in Court: and they verily believe that his official conduct
is entirely free from reproach, and above suspicion ; that
they never heard from Judge WII.MOT a passionate or un
pleasant word to either counsel or suitor ; that the inter
course between the Bar and the Court appeared of the
most pleasant character, and marked by mutual courtesy
and respect. Deponents have witnessed occasions wiieu
the scid Judge lias exhibited marked courtesy and even
; forliearance towards members of the Bar whose names
| are OJI the memorial to the Legislature to obliterate this
! district ; tint the business of the Court hits been disposed
| of with promptitude, and a large amount of business dis
j posed 0/at every term, and so far as deponents kuow or
j ever heard, until with a few days past, with satisfaction
: to the Bar and tlc public.
CHESTER THOMAS,
J NO. A. CODDINiJ,
T. M. WOODRUFF.
Su-orh and subscribed M trch 6, 1858, before .V. ff.
Belts, J. P.
\ Here are fourteen witnesses, all of them of
the highest credit and repute, and who have
. the best means of information of ail men living,
1 as to the matters about which they testify.—
. They do not speak idly or loosely, in the char
-1 aeter of partizans and friends, but as witnesses
under the moral sanctions of an oath. I
kuow not ho* this evidence may impress you,
but to my mind it appears conclusive and
overwhelming. It is utterly impossible that
; my partiality and political bias should have
grown into an iusupportable grievance, and
neither of my Associates, nor the officers of the
Court observed it. Can it be, that in a court
where one half of the bar are ready to take
note of everything which in the least would
reflect upon the conduct of the Judge, and
that Judge habitually yielding to improper in
riuences, ami yet for six yours no out spoken
word of indignant complaint? Do attorneys
have their own rights invaded, and the rights
and interests of their clients compromised, by
a partial, tyrannical and unjust .fudge, without
a word of protest or sign of displeasure ?
Not an outbreak of temper ; no hasty or dis
respectful word ; no lack of courtesy ; no vio
lations of order and decorum ; and yet during
all this time, the Judge guilty of an insupport
able tyranny ; a partiality that defeated the
ends of justice, and a course of conduct dis
graceful to the Judicial character ! It is in
credible ! No such state of things ever exist
ed, or ever will exist in a free country. No
this movement for the annihilation of the 13th
Judicial District, has its origin in other causes
and motives, than official misconduct in me. —
Personal dislike, long cherished—and unsuccess
ful rivaiship for public honors, lead men at
times into the gravest errors, and the most in
defensible positions.
That some cause other than my official mis
conduct prompts to this movement, is made
still more clear, by the testimony that several
gentlemen whose names are on the memorial
to blot out that district, have repeatedly borne
witness to ray impartiality and luck of integ
rity as a Judge.
1 herewith submit to the Committee the
sworn evidence of Bartholomew Lnporte, and
three other gentlemen, showing the esteem iu
which Mr. Klwell, Mr. Baird and D'A. Over
ton but a short time since held my judicial
character ; and the emphasis with which the}
repudiated the idea ot any partiality or politi
cal bias in the discharge of my official duties.
I repeat, that the true cause and motives of
this movement, are to be found in a personal
dislike, having its origin iu jealousy and un
successful rivaiship. The result of the election
last Call awakened new hopes in the breasts of
those whose hopes had been often disappoint
ed, and who laid upon me the burden of their
failures and disappointments.
An erroneous impression, 1 fear, lias been
made upon this committee touching the wishes
of the bar of the District. The memorial ask
ing that the district be blotted out, purports
to be signed by eighteen members of the bar
of Bradford county. There reside in the coun
ty thirty-six gentlemen who have been admit
ted to the bar. Of this number there are
eight who have given no attention to their pro
fession for years ; but are engaged in other pur
suits, and who are not practicing attorneys of
the Court. The names of four gentlemen who
are not attorneys are found on the memorial,
to wit : David F. Barstow, Win. Scott,.!. B.
Ilecve and C. L. Ward. This leaves fourteen
practicing attorneys on the memorial. Two
of this number, Messrs. Henry C. Baird
and 11. W. Patrick, speak here by their
letters against this measure, and in favor of
my integrity as a Judge. This would leave
twelve on the memorial, as the true num
ber of practicing attorneys, out of tweaty-eight
asking tor the measure. On the protest against
it arc thirteen members of the bar in actual
practice. If to this number there be added
the names of Mr. Patrick and J. C. Adams,
whose letters I placed iu the hands of the
Committee, it makes the number of protestants
fifteen. Of the bar of Susquehanna county
seventeen are on a letter earnestly remon
strating against this measure, and I am not
aware that any member of the bar of that
county lias signed a memorial iu its favor—
certain 1 am that not to exceed three or four
could bo induced to sign such a memorial.—
Thus the true representation from the bar
of the District, stands twelve for, and thirty
two against the proposed legislation. I lay
before the Committee certificates from the
Prothouotaries of Bradford nnd Susquehanna
counties, showing who are members of the bur ;
also letters fro.n the the two Bars, fully sus
taining the statement here made.
A labored effort has been made to fix the
imfves-ion that the 13th Judicial district was
created expressly for my accommodation and
interest. A more unfounded impression could
not exist. That Judicial District was estab
lished about the time of inv birth,and Bradford
and Susquehanna were originally connected,
and with Tioga and some counties west con
stituted the District for many years. In 1835
a new Ju licial District was-established, Pot
ter and M'Keau foriaing a part, thus leaving
Susquehanna, Bradford and Tioga counties
forming the 13th District. It thus stood un
til about the year 1839, when it underwent a
change to suit the convenience of Judges Con
yngham and Jessnp. The former was Judge
of the Susquehanna, Bradford and Tioga Dis
trict and trie latter Judge of the Luzerne,
Pike and Wayne District. Thus Judge Con
yngham held Court at the home of Judge
Jessup, and .Judge .Jessup at the home ot
Judge Conyngham. For their mutual accom
modation they exchanged those two counties.
The District remained iu this situation, Lu
zerne, Bradford and Toga, until the expira
tion of Judge Coiiynghaiu's then commission,
about the year 1848 or '49, when Luzerne,
with Columbia and Wyoming, was constitu
ted a District. Susquehanna could not at
once be restored to her old connection with
Bradford, because the commission of Judge
Jessup did not expire until the constitutional
a nendment of IXSO took effect. To make up
for the loss of Luzerne, the two small coun
ties of Potter and M'Kean were attached to
Bradford and Tioga, thus stretching the Dis
trict two hundred miles east and west along
the State line. In 1851 I was at the Capital,
and desired that the western county, M'Kean,
should be taken off, and attached to either
the District west or south of it, both of which
were much smaller than the Bradford district.
This was all the change or legislation 1 de
sired, and it was asked on grounds of public
policy. Gentlemen in the Legislature from
the western part of the State desired changes
in their Judicial Districts. The Senator from
Tioga, John W. Guernsey, especially desired
that Bradford and Tioga should be separated,
and a Bill was passed affecting some six or
eight Districts, in which Bradford was restor
ed to her old connection with Susquehanna,
and the new county of Sullivan added, mak
ing the Thirteenth District. Two years ago
Sullivan was taken off to aid in making a new
District (the 20th) over which Judge Wood
ward presides. Thus the 13th Judicial
District stands to-day as it has stood for for
ty years, (save when temporarily severed for
the convenience of two Judges,) except that
western counties have been taken off; and this
was rendered necessary by the great increase
of business and population.
But it is not only an old district that it is
proposed to annihilate, for no reason whatever
except to disfranchise a people who will per
sist in voting to suit themselves, but it is also
one of the largest Districts in the northern and
eastern part of the State Taking the census I
of 1850 as the basis, and the Thirteenth is the
largest Judicial District, save one, of the
twelve Districts lying north of Berks couuty !
nnd east of the Allegheny Mountains. That
one, Northampton and Lehigh, exceeds it
oulv about one thousand. Adopting the return
of taxables made in 1857 as the basis, and the
Thirteenth still stands tiie largest district in
the twelve, save three—Northampton and
Lehigh, Schuylkill, and Luzerne. It has to
day ninety thonsaud of inhabitants, and un
amount of legal business not excelled by ten
districts in the State, having but one Law
Judge. It is larger than the District of Lyco
! ining, Northumberland and Montour—larger,
by a thousand taxables, than the District of
Dauphin and Lebanon —larger, by a thousand
i taxables, than Cumberland, Perry and Ju
niata. Would a proposition to destroy either
! of these Districts be entertained for a mo
ment.
1 have no data for presenting to this Com
mittee the amount of business in other dis
tricts ; but will ina&e an exhibit from the re
cords of the business in.the 13th. The Xos.
on the Appearance Docket of Bradford co.,
to the Sept' Tin in each and every year from
1*49 or I*o7 inclusive, were from 400 to
j 810 : and the causes on the trial list at the
I several terms during the same years, average
near one hundred per terra. In Susquehanna
i county the Nos. on the Docket for the four
; terms of the year vary from 206 to 407
per term, and the trial list from 07 to 138
per term. The business of the latter county
is rapidly increasing. The Lackawanna and
1 Western Railroad passes through the entire
; count v, north and sonth ; and the X. Y. & K.
j runs some fifteen miles through the country.
This latter Company can only be sued iifthis
State in the counties of Susquehanna and
l'ike ; and this gives rise to very considerable
imnortant business of the Courts of Susque
hanna.
At the session of 1850 the 20th Judicial
District was established. The necessity for
this District arose out of the increasing busi
ness of Luzerne, which had become so large as
to make it impossible for Judge Conyngham
properly to perform the heavy labors of the
District. This was the only public reason as
signed for the creation of the 20th District.—
It relieved Judge Conyngham, by taking off
from him the two counties of Columbia and
Wyoming, in both of which the business is
small. The Bill under consideration proposes
to attach to Luzerne the county of Susquehan
na, having at least double the business of both
of the counties taken off two years ago.
I submit to the Committee letters from
Judge Conyngham and Woodward in opposi
; tion to tiiis scheme, to load down one District
1 and to disfranchise the people of another.
With a Constitution securing the right of
j election, the personal enemies of a man, who it
lis feared will be a candidate tor the suffrages
j of the people, coine to the Legislature and a>k
j that the people shall bo disfranchised —that
! they shall not be allowed to exercise those
rights common to the whole people, and en
joyed by all the citizens of every other part of
I the State. This is the measure of wrong and
injustice that the Legislature is asked to sanc
: tion—a measure insuiting to the intelligence,
and hostile to the rights of the people.
To iny mind it is clear that the proposed
legislation is in violation of the Constitution
It will be admitted a* a sound principle, that
a construction should be avoided that impairs
or puts in jeopardy those rights of the people
that the Constitution intended to secure ; and
that such interpretation should be favored, as
makes those rights forever certain and abiding.
The enjoyment of immunities and rights, un ler
' Constitutional guaranties do not and cannot
depend upon L-gislative discretion. This
would virtually abrogate all written Constitn
-1 tious ; substituting in their stead the discre
tion of the Legislature. The value of a writ
ten Constitution consists in placing certain
. fundamental rights of the people beyond the
i arm of the legislative power. The rights of
: the people are primary and fundamental—
they underlie the whole structure of our polit
ical system. Legislative prerogatives and
powers are subordinate, and must yield to the
i vital,and primary rights of the people intended
to be secured iu the organic law. If the leg
; islative power to arrange Judicial Districts, c.\-
, ercised at discretion prior to the adoption of
; the Amendments of 1850, can no longer ex
ercised with the same unrestricted freedom,
without impairing the rights secured to the
: people by*those amendments, then it is clear
| that such power must henceforth be exercised
under such limitations as shall effectually se
! cure those rights from invasion or danger.—
A right constantly exposed and open to viola
tion, is a m X'kcry and no right. To be of
any worth, the rights of a freeman must be
placed beyond the possibility of invasion un
der the forms of law. Keeping in view these
primary principles as the safe guards of liber
ty and popular rights, and as axioms in the
construction of Constitutional law, I now call
the attention of the Committee to that part of
the Constitution which provides for the elec
tion of judges by the people.
" The Judges of the Supreme Court, of the
several Courts of Common Picas, and such
other Courts of Record as are or shall be es
tablished by law, shall be elected by the quali
fied electors of the Commonwealth, in manner
following to wit : The Judges of the Supreme
Court, by the qualified electors of the Common
wealth at large ; the President Judges of the
several Cou' ts of Common Pleas, and such
other Courts of record as are or shall be es
tablished by law, and all other Judges requir
ed to be learned to be learned in the law, by
the qualified electors of the respective districts
over which they are to Preside or uet as
Judges."
Here the right to elect their Judges is guar
anteed the people ; and the constituency point
ed out that shall vote in the election of certain
Judges, to wit: The qualified electors of the
State at lage, in the case of a Supreme Judge;
and in the case of a President Judge, the
qualified electors of the respective or par
ticular District over which he is to preside or
act as Judge. Now can the Legislature, un
der a claim of power to regulate and arrange
Judicial District, subvert this right ? or, what
is the same thing, postpoue its exercise indefi
itely ? Clearly not. Any exercise of Legis
lative power that would directly lead to this
is beyond question unconstitutional. The power
of the Legislature must be exerised under such
limitations and restrictions, as shall secure
against encroachment the clear right of the
people of eacli and every District to elect their
owu Judge.
Let us see what would become of this right
of the people to elect their own Judges, if the
Legislature can change at pleasure the Judi
cial Districts. We will take for the purpose
of illustration the measure under considera
tion. Suj>pose at this session, Bradford Coun
ty is attached to the Columbia, or 20th Dis
trict. Judge Woodward's Commission has
eight years to ruu. A year or two before its
expiration Bradford is attached to the Tioga
or 4th District, which elects in the fall of 1801,
and allowed to stand in this latter connection
until an election has taken place, and a new
Judge commissioned for the 2fith District,
when Bradford is re-annexed. Thus it will be
seen that it remains discretionary with the
Legislature, whether or not the citizens of
Bradford County shall ever be permitted to
vote for the Judge who presides over them.—
The same could be done with Susquehanna
County, by alternately attaching it to the Lu
zerne, and to the Wayne and Monroe Districts.
It would enable either political party holding
the power of the State Government in its
hands for three or four successive years, to
prevent the election of a Judge obnoxious to
such party ; by legislating into particular
Districts, Judges elected by thepco.de of oth
er Districts. It may be said that we are not
to presume the Legislature would exercise its
power thus arbitrarily, and for purposes mere
ly political. I auswtr, that the Constitution
al rights of the people, do not depend upon
the presumed forbearance of the Legislature.
Again, it would be easy so to arrange the
Districts, as that iu a majority of them a
Judge should be presiding where not au elec
tor of the Discrict ever had the opportunity
to casta vote for or against such Judge. Sup
pose you carry the Bill under consideration
a little further than it proposes to go, and at
tach both Bradford and Susquehanna Coun
ties to the 20th District, and as a compensa
tion, put back the small County of Wyoming
on to Luzerne. At the next Session it is
found that Judge Woodward's District is too
large, and Columbia and Sullivan are attach
ed to the Lycoming District, from which take
Northumberland and put it ou the small Dis
trict of Union and Mifflin. Here the equality
and fair proportions of the Districts are preserv
ed, and the result is that Bradford and Susque
| hanna have lost the No. 13, and gained that of
20. 1 n counting up the districts there is a blank
f —theuumber/At'rten is annihilated —not Brad
' ford and Susquehanna Counties, but the nam
i her thirteen in blotted out. The uuuiber twen
| tv six stands in full vigor ; but the Counties
once constituting the 20th Judicial District
; are all attached to the other Districts, und
; the Judge elected by its p ople has been
transferred to Bradford and Susquehanna :
and all this by the magic power of the num
ber twenty six. Will it be said that this is
carrying the. case too far ? that some people
must be left in the District who voted at the
election of the Judge? How many, 1 ask?
It a majority, then Bradford caimot'be attach
ed to thu 20tli District ; for it has ten thousand
more of population than that entire District.
But I submit that no limitation can be found
here, against the discretionary power of the
Legislature. We must look for a limitation
elsewhere than in the fraction that would re
main in a District, and who might have
voted in the election of the Judge, if we would
preserve to the people the right to elect their
Judges.
Allow me to frame two or three successive
Bills, and I will so arrange the Judicial Dis
triets of the State, preserving to each reason
able limits and population, as that not ten
Judges in the Commonwealth shall preside in
Districts where a vote was east for or against
then] ; and if the Legislature has the poorer to
do tiiis, it is idle talk about the constitutional
right of the people to elect their Judges. They
have no such right ; but only a " probable
chance," entirely at the discretion of the leg
islature. The numbering uf the Districts is
nothing. They arc just as well deliued without
the numbers : yet you blot out districts bv
giving them other numbers. Change the lan
guage of your bi'l somewhat. Let it provide,
that after the Ist of December next the
counties of Bradford, Columbia, Wyoming and
Sullivan shall constitute a Judicial District,
and that \\ . .1. \\ oodward shall bo president
Judge of said District, until the expiration of
j the commission he now holds. Is not this le
< gislatiug a Judge into a new District f It is
! the eountirs , not the numbers , that mark and
define a District. The Legislature cannot
change Bradford and Susquehanna counties
into another and different District, by giving
to it a new number. The counties remain the
same—the people the same—the District the
same ; and the passage of this Bill is only to
legislate other Judges into those counties, and
thereby deprive the people of the right of elec
tion. This is the substance, aim, and onlv
effect of the bill under consideration.
Neither is it necessary for the preservation
of the powers of the Legislature in full vigor,
that it should possess the power, at pleasure,
to change a Judicial District. There is, 1
repeat, no vital necessity for such a power.—
Occasions rarely present where any such change
is demanded by the public interests. There
are but one or two examples of any such change
since the election of the Judiciary in 1851 •
and no very strong necessity existed for it in
those cases ; but they were made for the con
venience of the Judges, and with the general
consent of the people, no question of constitu
tionality being raised. The Legislature could
by law provide, that upon the next election to
take place iu a particular District, the people
of a county, not then connected with such
District, should take part in the election, and
thereupon that said county should be attached
to and form a part ol such district. 1 submit
that it is only under some such limitation as
this, that Legislation can be exercised over this
subject ; otherwise your break down the con
stitutional guarantee, and place the right of
the people to elect their Judges, entirely at
the discretion of the Legislature.
The establishment of new Districts is wholly
a different question. Ilere the discretion of
the Legislature is unlimited. Au election
must follow the erectiou of every new District.
It is believed that this is the first time in the
history of Pennsylvania, that an effort has
been made to annihilate a Judicial District.—
It worthy of grave consideration, in view of
the precedent it establishes,and the consequen
ces, likely to result from a liberal exercise of
sueli a power.
'i here is no analogy whatever, between the
arrangement of Judicial District, and the ap
portionment, of the State for the election of
Senators and Representatives. In the Con
stitution representation is based ou taxable
inhabitants, ami it is .enjoined as a positive
legislative duty, that anew apportiumeut shall
be made every seven years. It may result
under a new apportionment that a very small
fraction of the people, shall have nq Senator
on the floor of the Senate for whom they have
voted ; but this can only be for a brief period
and amounts to no grievance. It comes ne
cessarily from carrying out the Constitution.
It follows as an inevitable incident upon the
exercise of an express power. There is less of
analogy in the case of a change in the lines
of a county, by which a part of one county is
incorporated into another. Here again a
small fraction of the people are, for a brief !
period, placed under a Sheriff and county :
' officers they did not assist to elect. The
exercised is a vital aud essential now, ,' '?'
can be exercised in no way to avoid such '
The results are trifling, and from
terms of the county officers, works no . •
mischief. It does not, as in the Judicial I?
triets, practically work a disfranchises ,
; years of whole counties and large ma
the people. The cases would be" more 5
agous, if the Legislature should
obliterate counties, and by changes i n njj
names,place the officers elected by dj e , „
of one over the people of another. S u e
an net were passed merging the'
Lebanon into the comity of Dauphin ru ■ *
the next session of thej t Legislature, the
line of division was re-established,' t
counties aguiu erected ; but the name of],*
phiu was given to the couuty of Lebanon
that which was beforeDanphin supplied wi-j p
new uame of Bourbon. Here the conutv<?
cers, elected by the people of the old Co
of Dauphin, are transfered bodily into tliec'l
county of Lebanon, by the power of & '
; instead of a number. Cau a lawyer be t'*
Ito defend the constitutionality of sah
, islation ? Such a power in the LegisW"''
would put, our whole republican sv-t<' " ;i
! jeopardy. ' Q
In conclusion, I submit that the pronogd
legislation is a direct and open attack
the rights of the people of Bradford and S
i quehanna counties. J t proposes to disfrauci '.-
_ that people for their political opinions, F
design and effect is, to obtrude a Jud"e a w '
! them against their consent, and in flagranti
lation of their rights. Against this stop,,
dous wrong, four thousand of the citizeuw I
those comities have, within a few weebi • I
• ed their protest among the archives of - I
Senate ; arid the voice of their remonstnac, I
will not cease, until their rights are secure-■ 1
i unmolested. " '
; For myself, I here enter my protest aia> ? I
the wrong inflicted upon my character, i;. - I
! course of this novel and unprecedented
ceeding. I came here to meet and rqj r H
proof, "specific charges in writing," againstn:fl
official integrity. No such charges uptoti.-M
time, have been preferred before this lionora I
Committee—none will be from any respond I
source. Instead of meeting a legislative I
vestigation into facts, touching my official c-.M
, duct, my traducers have resorted tothest*v;H
i and press, to blacken my reputation, andp:-.H
| udiee the public mind, aud the legislative h H
against me. They make my reasonable . H
I
casion to write abnsire and ; -. H
putting into my mouth language I ne H
: used, and intended to excite partizan preH
i against me, which are published iu pn:;;_ -H
| with other slanders and falsehoods,without-I
; ear-mark to fix responsibility, and thrown, ;H
' cannot tell by whom, into the office for dkr. H
buting the mails to members of the
I ture. Irresponsible men are pushed
to play a part, their backers dare
| Cases in which there is no semblance of
1 are garbled and accompanied with such _HI
ments as leave inferences ogaiust rye. MB
no responsibility, venture upon artiot. wk
charges, while those having responsibilitv
fully and ingeniously avoid this,
' however, every length short of fixing":;<:H
themselves legal accountibility. An:.*
man of no responsibility, (Francis , s
writes me a letter at this place and
to a confederate for publication, in whit* a
presumes to charge me with politic! H
cause a young man, charged with ana- BH
B
v.M.it doubt, was not convicted in
\ esterday I received a measly insulting -"BB
ini'.nication from a man w HI
Wm. Wutkins) but who ingenioislv - H
I ' f
slanders inferential and argumentative.
, am I to meet this i Bbf
character? If all I ■ '•*
I rely with confidence upon the
cords of the Senate, to shield my
from the slanders to which it has 1 o-en wat.
exposed. No citizen of Pennsylvania, '■ H
less a Judge holding her commission, wa-
made the victim of an outrage, such a-1
; been furred to endure. Mi l -
never batclietl a more shameful plot aga ■ I
j the good name and fame of a citizen.
It there l>e before this Committee
i grounded suspicion against inv officia!
; —if it appears that any man, however
failed to have impartial justice meete;
i him, because of my lack of integrity, L
j the common right of a citizen, a constitu:; -HT
trial. It there he no such charge or MI- H
against nie.l here protest against a trial
leged political offences. For my p -HB7
.opinions, and the manner in winch I -
maintained them, I hold myself rc-pou: |L
the people, ami to no other tribunal, save ],
who tries the heart and searches then:. ;|
of men. H ( |
tlwcfllantoni.
f§
OLD SOLDIERS, ATTEND! H,
TFIE sub-critK r rr- ;• 'Hi
v'l'&A tin- Mexican War. ' Hut
, lian Wars >inv 17 •. '
now pending before Congress a bin grant i
odii-ers and soldiers that have Ik-cii ■ Hp
said wars. It Ls Renerally believed tlut Jj ' j B.
come a law. 1 shall be prepared with di t \ Bar:
and torirvs as soon us suit: law is passed, ind v *l^
to tlie procuring pensions under said at I "■ <** I J
terms. 1 still continue procuring I-aaii Wa: H 1
that are entitled to them. Kevolutionary HW
e<l to—From my long experience in tin
liusuiess. and having reliable agent
flatter myself that 1 am as well prepared t" w Bur
perfect any of the above untied i laim- a- '.• i B^fl
son in this seetio of our country. M\ ■ . B" 1
dwelling house, ou Main Street, in Toa:. i.r ' -
coft' • BB ;
Tow.mda, Feb. l i. 1 >",n.
\fOHAIR BRAIDS aud 1 li'
4-"X hair, at
HO.VIIDINb- B
JOHN KENDALL wou'd
f> i fully inform the [oibli that ' a
j 11J- L large and commodious bono f
jkSed by him, in the hover part •>'
which has been enlarged .. lt " ri
paired, he is ready to ofler to boarder
moilations. i !
He would particularly inform Jnrvnii n. : * c
tending Court, that lie will he jir* .• - HI si
them upon the most ruuraoabie tonus. " j
He Rolicits a share of pabfic pair B j
satisfaction will be rendered in even re.-;
Towanda, January 20, ls.ss. '• V
WANTED B
OATS, Corn, Rye, Wheat, Potatoes, and •' ■ ..^B' 'a
titV Of Rye straw will be taki :i at -• otil
MIXES iu exchange for CO-AL. ~ i- \V i
MAt'f •!' v u H„
Dec, g, 1857. Gen. Sup. liarciay
SEED, Spring Wheat 'Hi ll
v/ Oats, Hav, Ac., for sale at the W- j; ,if 81,,
March >, ISSB. __ b A
LOVER SEED FOR S?A I
V_/ Branch Clover Seed for sale 1 / HB ,"
Overton. Feb. 2.8. lsjs. X 1 ,,1TT! , c
T ARGE and stntll (.'? '' v - I
-X-d March I<\ is .s. v..