would have been met with a coat of tar and feathers; and, refusing to resign, he would have been driven from the Bench by force -would not be permitted to disgrace it with his presence . . . There is not one suit in ten now tried in our court, that one side or the other don't believe and declare that it was decided on political prejudices and preferences.

The immediate reaction to these charges and insinuations -as groundless as they were outrageous-was an unsolicited letter of rejoinder written and signed by the leading members of the bar in Susquehanna County, irrespective of political associations, and published in the Montrose IndependentRepublican:

Hon. David Wilmot-Dear Sir:

Montrose, November 19, 1855.

We have seen, with feelings of deep regret, in the Montrose Democrat of the 15th inst., a most grossly libelous article upon you.

We are ourselves witnesses of its falsity in many particulars, and we intend this note as an expression of our confidence both in you as a man and in your entire integrity as a judge. In our practice before you since you have been upon the Bench, we have never known a case in which we supposed you were influenced in the least by any political consideration.

B. T. CASE

L. F. FITCH

H. H. FRAZIER

F. A. CASE

With assurances of our high regard,
Truly yours,

C. J. RICHARDSON
L. P. HINES

WILLIAM JESSUP
A. CHAMBERLIN

S. S. BENTLEY

W. H. JESSUP

F. FRASER

A. BUSHNELL

The next reaction was that, as reported December 15, 1855, Judge Wilmot sued the editor of the Montrose Democrat for libel. As another editor remarked (in spite of the universal hesitancy of the newspaper fraternity to comment upon such actions against other publications): "If Chase is right, Judge Wilmot should at once leave the place he occupies; and if he is not, the Judge is entitled to the protection of the law against a most malignant and unscrupulous offense."

The third reaction was that, on April 17, 1856, the editor of the Montrose Democrat meekly wrote:

Judge Wilmot, feeling that his official conduct and integrity has been assailed by publications in our paper, we desire to say, in justice to him, to the public and to ourself, that we did not intend to impugn the integrity of Judge Wilmot as a man, nor to charge upon him corruption, partiality or political bias, in the discharge of his responsible public duties. We have seen nothing nor do we know of anything in the conduct of Judge Wilmot to warrant such a charge.

The publications complained of were hastily and inconsiderately written, and we regret anything therein contained reflecting upon the official conduct and integrity of Judge Wilmot.

Checked for the moment upon that sector, the offensive shifted to another point. In March, 1856, Mr. Buckalew introduced in the State senate at Harrisburg a bill "To prevent the interference of Judges in partisan politics." It was at once challenged as a piece of special legislation, directed at one man-the judge of a particular district-as attacking the Hon. David Wilmot. The sponsor disclaimed any intention to apply the act to any particular case-"it was a general bill, which applied to all the president judges, common pleas, district and supreme judges." A supporter, however, rather betrayed the disguised purpose by complaining to the senate that Judge Wilmot had interfered in political meetings-"he had not infrequently held court in the daytime in the county of Susquehanna, and at night came down from the bench and addressed the people on the exciting political questions of the day." Whereupon one senator asked, "if David Wilmot was so mighty, or his voice so terrible, to the foes of right and truth, that the legislative power of the Commonwealth must be invoked to close his mouth." The measure was strongly opposed on general grounds, as an interference with the "freeman's highest privilege-the right of free speech." On the whole, the

feeling seemed to prevail that the bill would be a dangerous exercise of legislative power, unwise in general and strongly tinctured with personal animus in particular. It was postponed and referred to the judiciary committee, and seems there to have gone to sleep.

CHAPTER XXVIII

THE FREMONT CAMPAIGN OF 1856

THROUGHOUT these attacks on his reputation and his political activity, Wilmot was steadily carrying forward his efforts toward the more complete national organization of the republican party. January 26, 1856, the press of his district published the call signed by the chairmen of the republican central committees of five States, with a note that it would probably be signed by the others as soon as it should be presented for their approval. It was explained that this was intended "as an informal meeting, not to make nominations, but to accomplish the nationality of the republican organization, and to fix upon the time, place and manner of bringing forward a republican candidate for President." The call was in this form:

TO THE REPUBLICANS OF THE UNITED STATES

In accordance with what appears to be the general desire of the Republican party, and at the suggestion of a large portion of the Republican press, the undersigned, chairmen of the Republican State Committees of Maine, Vermont, Massachusetts, New York, Pennsylvania, Ohio, Michigan, Indiana and Wisconsin, hereby invite the Republicans of the Union to meet in informal convention at Pittsburg, on the 22d of February, 1856, for the purpose of perfecting the National organization, and providing for a National delegate convention of the Republican Party, at some subsequent day, to nominate candidates for the Presidency and Vice Presidency, to be supported at the elections in November, 1856.

A. P. STONE, of Ohio,

J. Z. GOODRICH, of Massachusetts,
DAVID WILMOT, of Pennsylvania,
LAWRENCE BRAINERD, of Vermont,
WILLIAM A. WHITE, of Wisconsin.

At this preliminary convention, which Wilmot is not recorded as attending personally, all the northern and western and a few southern States were represented. It emerged from some initial uncertainty as to its policies-especially its most desirable relations with the perplexing "American party" movement to the very definite action of calling a National Republican Convention to meet at Philadelphia, on June 17, 1856, for the nomination of candidates for the presidency and vice presidency, and the appointment of a National Executive Committee consisting of one member from each of the nineteen States represented. The member from Pennsylvania on this committee was David Wilmot.

The convention further recommended that the organization throughout the country be completed by the formation of State, county and district committees, and the establishment under these committees of republican clubs, "in every town and township," and it adopted a very simple address and resolutions, these latter being but three :

1. We demand and shall attempt to secure the repeal of all laws which allow the introduction of slavery into the territories once consecrated to freedom, and will resist by every constitutional means the existence of slavery in any of the territories of the United States.

2. We will support by every lawful means our brethren in Kansas in their constitutional and manly resistance to the usurped authority of their lawless invaders, and will give the full weight of our political power in favor of the immediate admission of Kansas to the Union as a free, sovereign, independent State.

3. Believing that the present National Administration has shown itself to be weak and faithless, and that its continuance in power is identified with the progress of the slave power to National supremacy, with the exclusion of freedom from the territory and with increasing civil discord, it is a leading purpose of our organization to oppose and overthrow it.

The situation was somewhat confused by the issue of another call, on February 13. under different auspices, for a "Union