Noah Haynes Swayne

“ The constitution of 1868 was not in existence when the case was decided by the District Court.
The Supreme Court founded its judgment alike upon the constitutional provision and prior adjudications. Those adjudications are numerous and conclusive upon the subject. [1] The constitution only declared a settled pre-existing rule of jurisprudence in that State. The result in this case would have been necessarily the same if the constitution had not contained the provision in question. This brings the case within the authority of Bethel v. Demaret. ”