Howells, William Dean, 1837-1920 -- Childhood and youth
Looking back now to that law-abiding submission, I can see
that it was fine in its way, and I can see something pathetic in it as
well as in the whole attitude of our people, the South and North
confronted in that inexorable labyrinth, neither side quite meaning it
or realizing it.
That was a very crucial moment indeed, but the crisis had come for us
five or six years before when the case of some conscientious citizens,
arrested in the Western Reserve for violation of that abominable law,
came before Chief-Justice Swann of the Ohio Supreme Court. It was hoped
by the great majority of the Republican party and largely expected that
Justice Swann's opinion would in whatever sort justify the offenders,
and it was known that the Governor would support the decision with an
armed force against the United States, which must logically attempt the
execution of the law with their troops. Very probably the state of Ohio
would have been beaten in such an event, but Justice Swann defeated the
popular hope and expectation before-hand by confirming the judgment
against those right-minded but wrong-headed friends of humanity. Ohio
was
[Illustration: _Old-time dwellings on one of the Columbus streets that
Mr. Howells used to frequent_]
spared the disaster which befell South Carolina five or six years later,
and Justice Swann suffered the penalty of men whose judgment is
different from the convictions of their contemporaries. From being one
of the most honored leaders of his party, with the prospect of any
highest place in its gift, he remained one of the most distinguished
jurists of his time whose best reward came coldly from those who would
not blame where they could not praise. In Ohio the judiciary is
elective, and Judge Swann hastened the decision of the court before the
meeting of the Republican State Convention in order that his party might
not unwittingly renominate him in the expectation of an opinion from him
favorable to the good men of Ohio who had broken the bad law of the
United States.
Public-domain text, read in full here on John Shaqi.
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