Joseph Rockwell Swan
Encyclopedia
Joseph Rockwell Swan was a Republican politician in the U.S. State
of Ohio
who was a judge on the Ohio Supreme Court 1855–1860.
, Oneida County, New York
. He studied at an academy in Aurora, New York
, where he began the study of law. He moved to Columbus, Ohio
in 1824, and studied law at the office of his uncle, Judge Gustavus Swan, where he was soon admitted to the bar
.
Swan's first office was prosecuting attorney of Franklin County
, to which he was appointed in 1830 by the judges of the Common Pleas. In 1833, a statute was passed which made the office elective, and in October of that year, the voters of Franklin County chose Swan. Within a year, the legislature chose him for judge of the Common Pleas Court, with a circuit of Franklin, Madison
, Clark
, Champaign
, Logan
, Union
, and Delaware
counties, with the legislature electing him in 1834 and again in 1841.
Swan resigned from the court in 1845, and formed the partnership of Swan and Andrews in Columbus, with John W. Andrews as junior partner, until 1854. In 1850, the General Assembly passed an act calling a Convention to revise or amend the Constitution of the state of Ohio, and judge Swan was elected as a delegate from Franklin County.
candidate, and defeated his Democratic opponent by 188,000 to 109,000. His most important decision came in 1859, and cost him re-nomination by the Republicans. This case involved Simeon Bushnell, who, along with Charles Langston
, was convicted by the United States District Court for the Northern District of Ohio
and imprisoned for rescuing a fugitive slave in an event known as the Oberlin–Wellington Rescue. The case was appealed to the Ohio Supreme Court, where Swan was in the majority of a 3-2 decision to deny release on grounds that the United States Supreme Court had found the Fugitive Slave Law of 1850
was constitutional. If they had ruled for release, Governor Chase
was prepared to use the National Guard. This may have precipitated the Civil War in Ohio that year. In closing, Swan contrasted his personal views with his need to adhere to the Constitution:
The abolitionist feelings in the Republican party meant that Swan was denied re-nomination at the party convention that year. He resigned November 1859, a short time before his five year term would expire. When Judge Gholson
died in 1862, passions had cooled, and Governor Brough
offered his seat on the Supreme Court to Swan, but he declined, and never again sought public office, or actively practiced.
In 1860, Swan was chosen president of the Columbus and Xenia Railroad
Company, where he was also chief legal advisor, of that company and the Little Miami Railroad
. In 1869 he was appointed general solicitor of the Pittsburg, Cincinnati and St. Louis Railway Company, where he served for ten years, until failing health compelled resignation.
In 1836, Swan prepared A Treatise on the Law Relating to the Powers and Duties of Justices of the Peace, of which there were eleven editions. In 1843, he published A Guide to Executors and Administrators. In 1845 and 1850 he published Swan's Pleadings and Precedents, in two volumes, and in 1860 Swan's Pleadings and Precedents under the Code.
When Swan died at his home in Columbus
in 1884, he left three sons and two daughters. His funeral was at Trinity Church, and burial was at Green Lawn Cemetery, Columbus, Ohio next to his wife, Hanna Ann Andrews, originally from Rochester, New York
, whom he had married January 1833.
After Swan's death, the Franklin County Bar Association prepared a memorial, written by Richard A. Harrison
, Allen G. Thurman
, Chauncey N. Olds
, and others. It read, in part :
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
who was a judge on the Ohio Supreme Court 1855–1860.
Biography
Joseph Rockwell Swan was born at WesternvilleWesternville, New York
Westernville, New York is a hamlet located west of Adirondack Park and north of Utica.-History:The Town of Western was formed from the Town of Steuben on March 10, 1797. Its 40,000 acres contain fertile soil and an abundant supply of water, including the Mohawk River, Lansing Kill, Big Brook,...
, Oneida County, New York
Oneida County, New York
Oneida County is a county located in the U.S. state of New York. As of the 2010 census, the population was 234,878. The county seat is Utica. The name is in honor of the Oneida, an Iroquoian tribe that formerly occupied the region....
. He studied at an academy in Aurora, New York
Aurora, Cayuga County, New York
Aurora is a village and college town in Cayuga County, in the Town of Ledyard, north of Ithaca, New York, United States. The village had a population of 720 at the 2000 census, of which more than 400 were college students....
, where he began the study of law. He moved to Columbus, Ohio
Columbus, Ohio
Columbus is the capital of and the largest city in the U.S. state of Ohio. The broader metropolitan area encompasses several counties and is the third largest in Ohio behind those of Cleveland and Cincinnati. Columbus is the third largest city in the American Midwest, and the fifteenth largest city...
in 1824, and studied law at the office of his uncle, Judge Gustavus Swan, where he was soon admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
.
Swan's first office was prosecuting attorney of Franklin County
Franklin County, Ohio
Franklin County is a county located in the state of Ohio, United States. In 2010 the population was 1,163,414, making it the second largest county in Ohio and the 34th largest county in population in the United States. Franklin County is also the largest in the eight-county Columbus, Ohio...
, to which he was appointed in 1830 by the judges of the Common Pleas. In 1833, a statute was passed which made the office elective, and in October of that year, the voters of Franklin County chose Swan. Within a year, the legislature chose him for judge of the Common Pleas Court, with a circuit of Franklin, Madison
Madison County, Ohio
As of the census of 2000, there were 40,213 people, 13,672 households, and 10,035 families residing in the county. The population density was 86 people per square mile . There were 14,399 housing units at an average density of 31 per square mile...
, Clark
Clark County, Ohio
As of the census of 2000, there were 144,742 people, 56,648 households, and 39,370 families residing in the county. The population density was 362 people per square mile . There were 61,056 housing units at an average density of 153 per square mile...
, Champaign
Champaign County, Ohio
As of the census of 2000, there were 38,890 people, 14,952 households, and 10,870 families residing in the county. The population density was 91 people per square mile . There were 15,890 housing units at an average density of 37 per square mile...
, Logan
Logan County, Ohio
Logan County is a county in the state of Ohio, United States. As of the 2010 census, the population was 45,858. The county seat is Bellefontaine. The county is named for Benjamin Logan, who fought Native Americans in the area....
, Union
Union County, Ohio
Union County is a county located in the US state of Ohio. As of the 2010 census, the population was 52,300. Increasingly becoming more of a suburban county, the population was estimated at 47,234 in 2007 by the U.S. Census Bureau...
, and Delaware
Delaware County, Ohio
Delaware County is a fast-growing suburban county in the state of Ohio, United States, within the Columbus, Ohio Metropolitan Statistical Area. According to the United States Census Bureau's 2004 population estimates, Delaware County's population of 142,503 made it the fastest growing county in...
counties, with the legislature electing him in 1834 and again in 1841.
Swan resigned from the court in 1845, and formed the partnership of Swan and Andrews in Columbus, with John W. Andrews as junior partner, until 1854. In 1850, the General Assembly passed an act calling a Convention to revise or amend the Constitution of the state of Ohio, and judge Swan was elected as a delegate from Franklin County.
Supreme Court
In 1854, Swan ran for the Ohio Supreme Court as an Anti-Nebraska PartyAnti-Nebraska Party
The Anti-Nebraska Party was an American political party formed in response to the Kansas-Nebraska Act of 1854. Its founders, including Salmon P. Chase, held deep moral opposition to slavery, and were thus appalled by legislation that could lead to more slave-holding states...
candidate, and defeated his Democratic opponent by 188,000 to 109,000. His most important decision came in 1859, and cost him re-nomination by the Republicans. This case involved Simeon Bushnell, who, along with Charles Langston
Charles Henry Langston
Charles Henry Langston , an American abolitionist and political activist born free in Louisa County, Virginia, was one of two men tried after the Oberlin-Wellington Rescue, a cause célèbre in 1858 Ohio that helped gain impetus for abolition. In 1835 he was one of the first blacks admitted to...
, was convicted by the United States District Court for the Northern District of Ohio
United States District Court for the Northern District of Ohio
The U.S. District Court for the Northern District of Ohio is the federal trial court for the northern half of Ohio...
and imprisoned for rescuing a fugitive slave in an event known as the Oberlin–Wellington Rescue. The case was appealed to the Ohio Supreme Court, where Swan was in the majority of a 3-2 decision to deny release on grounds that the United States Supreme Court had found the Fugitive Slave Law of 1850
Fugitive Slave Law of 1850
The Fugitive Slave Law or Fugitive Slave Act was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern slave holding interests and Northern Free-Soilers. This was one of the most controversial acts of the 1850 compromise and heightened...
was constitutional. If they had ruled for release, Governor Chase
Salmon P. Chase
Salmon Portland Chase was an American politician and jurist who served as U.S. Senator from Ohio and the 23rd Governor of Ohio; as U.S. Treasury Secretary under President Abraham Lincoln; and as the sixth Chief Justice of the United States Supreme Court.Chase was one of the most prominent members...
was prepared to use the National Guard. This may have precipitated the Civil War in Ohio that year. In closing, Swan contrasted his personal views with his need to adhere to the Constitution:
The abolitionist feelings in the Republican party meant that Swan was denied re-nomination at the party convention that year. He resigned November 1859, a short time before his five year term would expire. When Judge Gholson
William Y. Gholson
William Yates Gholson was a Republican politician in the U.S. State of Ohio who was an Ohio Supreme Court Judge 1859-1863.William Yates Gholson was born at his father's plantation in Virginia...
died in 1862, passions had cooled, and Governor Brough
John Brough
John Brough was a War Democrat politician from Ohio. He served as the 26th Governor of Ohio during the final years of the American Civil War, dying in office of gangrene shortly after the war concluded....
offered his seat on the Supreme Court to Swan, but he declined, and never again sought public office, or actively practiced.
In 1860, Swan was chosen president of the Columbus and Xenia Railroad
Columbus and Xenia Railroad
The Columbus and Xenia Railroad was the first railroad to operate in Columbus, Ohio. By merging with the Little Miami Railroad it created the first through rail route from the important manufacturing city of Cincinnati to the state capital, Columbus....
Company, where he was also chief legal advisor, of that company and the Little Miami Railroad
Little Miami Railroad
The Little Miami Railroad, now defunct, was a railway of southwestern Ohio, running from the eastern side of Cincinnati to Springfield, Ohio. By merging with the Columbus and Xenia Railroad it created the first through rail route from the important manufacturing city of Cincinnati to the state...
. In 1869 he was appointed general solicitor of the Pittsburg, Cincinnati and St. Louis Railway Company, where he served for ten years, until failing health compelled resignation.
In 1836, Swan prepared A Treatise on the Law Relating to the Powers and Duties of Justices of the Peace, of which there were eleven editions. In 1843, he published A Guide to Executors and Administrators. In 1845 and 1850 he published Swan's Pleadings and Precedents, in two volumes, and in 1860 Swan's Pleadings and Precedents under the Code.
When Swan died at his home in Columbus
Columbus, Ohio
Columbus is the capital of and the largest city in the U.S. state of Ohio. The broader metropolitan area encompasses several counties and is the third largest in Ohio behind those of Cleveland and Cincinnati. Columbus is the third largest city in the American Midwest, and the fifteenth largest city...
in 1884, he left three sons and two daughters. His funeral was at Trinity Church, and burial was at Green Lawn Cemetery, Columbus, Ohio next to his wife, Hanna Ann Andrews, originally from Rochester, New York
Rochester, New York
Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
, whom he had married January 1833.
After Swan's death, the Franklin County Bar Association prepared a memorial, written by Richard A. Harrison
Richard A. Harrison
Richard Almgill Harrison was a nineteenth century politician and lawyer from Ohio.Born in Thirsk, England, Harrison immigrated to the United States with his parents in 1832, settling in Ohio. He attended public schools, graduated from the Cincinnati Law School in 1846 and was admitted to the bar...
, Allen G. Thurman
Allen G. Thurman
Allen Granberry Thurman was a Democratic Representative and Senator from Ohio, as well as the nominee of the Democratic Party for Vice President of the United States in 1888.-Biography:...
, Chauncey N. Olds
Chauncey N. Olds
Chauncey N. Olds was a Republican politician from the state of Ohio. He was Ohio Attorney General 1865.-Biography:Chauncey Olds was born February 2, 1816 at Marlboro, Vermont, brother of Edson B. Olds. He was moved to Cuyahoga County, Ohio at age four. In 1830, the family moved to Circleville,...
, and others. It read, in part :