[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.
There is a legend, cherished more for its dramatic possibility than for any intrinsic probability, that when Lincoln appointed Noah L. Swayne justice of the Supreme Court of the United States he supposed that he was appointing Joseph Swann, and that he was misled by the similarity of the names, not very great either to ear or eye. Swayne was then one of the most eminent members of the Columbus bar, and, though he lacked the judicial experience of Swann, was entirely fit for the place he was called to fill. If such a mistake was made it was one which could well retrieve itself, but it seems a very idle fancy which has toyed with its occurrence. It would be altogether too nice in the face of its unlikelihood to inquire whether Lincoln might have wished to express a certain sympathy for the eminent jurist in the arrest of his public career which followed his decision. One would first have to establish the fact of such a feeling in him and prove that if he had it he would have been so careless of the jurist's name as to mistake another name for it. These are the things that happen in fiction when the novelist is hard driven by the exigencies of his plot, but cannot easily occur in sober history.
I met both of these prominent men during my Columbus years, as an improminent young fellow-citizen might, Justice Swayne rather often, and Justice Swann once at least, in their own houses. On this sole occasion, which dimly remains with me, I was paying one of those evening calls which we youth were diligent in making at houses where there were young ladies; and after due introduction to the great jurist, I was aware of him, withdrawn and darkling in the next room, not unkindly, but not sensibly contributing to the gaiety of the time in me. That might have been after I was asked to a party at his house, which I was told, by a lady versed in such mysteries, was the greatest distinction which society had to offer in our city, and I suppose from this fact that the popular blame for his momentous decision, even if it was of much force, did not follow him into more rarefied air.