The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-12-03

BURLING1
Court in Lee county. Was any thing
then said about removing the old CLERK?
During that Court the returns of the
county election were canvassed and de-
clared. Why did not Judge Mason re-
move Mr. l.. at that term, particularly
when his power to remove in vacation is
SO extremely questionable Was it not
announced in his presence by MIR Gillock
that Lines was elected Recorder by the
big cote % Did he not then know Of
his ''blunders and incompetency :" Was
he not then aware Of his s'inability to
make up the most simple order without
instruction and assistance ;" Did he not
then suppose the Offices of Clerk and Re-
corder incompatible !! Was not Peck
then an applicant for the office! If so,
why the delay? Why was not Mr. L.
then informed that he must prepare for
removal!
The Judge conceives it very improper
that he should be dragged into the pub
lie prints. l do not approve of the let
ter of Mr. Lines, but still believe it was
perfectly proper that the public should
know the causes of his removal. Before
the publication of Judge Mason's letter
the public were left to conjecture the
causes of that removal. Some there are,
who would uncharitably attribute it to
some unworthy motive on the part Of
his honor, others to mal-feasance in of.
fee by Mr. Lines. The Judges letter
strikes all such surmises dead. 1t was
upon public subject and signed in an
official character. Why not then go be-
fore the public ? 1t vindicated the mo-
raj character of Mr. Lines, and contained
an important judicial opinion, about
which there had previously been much
doubt. The public had right to know
the contents OF that letter. They had a
right 10 demand the reasons for Mr. LIS
removal. The Office of Judge Mason
does not exempt his actions from scruti-
ny. The ermine does not confer secu-
rity upon the wearer. A Judge is neither
too exalted to receive popular applause,
nor to be exempt from public disappro-
baton when he deserves it. The pub
| lie journal is the source whence good
Judge derives consultations and encourage
ment, and the bad one receives his de-
serts in censure and reproach. The
latter only need fear thorough investi-
CATION of his conduct. As to Mr. Lines
ability to perform the duties Of Clerk I
have nothing to say, for know nothing
about it. He may be incompetent, but
he has rights that should be regarded.
The Judge NAV have the absolute abstract
right--the brute poyer Gf Imay SO call it
Of turning him out with any reasons but
that is no cause for turning him ont.
Power does not always confer a privi-
lege to exercise it, in morals, if it does
in law. The judge in his first letter is
not free from admitting that there was
no good cause. The two communca-
tons prove it conclusively. They are
of themselves volume of testimony.
Notice the evasions and varances. To
Mr. Lines it was the incompatibility of
the offices of Clerk and Recorder-to
the public. it was the incompetency of
Mr. Lines that occasioned the removal.
Verify the Judge follows the advice of
sbeing all things to all men,
But the last sentence in Judge Mason's
communication is what has occasioned
this present writing. 1t is what l little
expected from him. l had thought that
such slang and such taunts belonged
neither to the man or the judge. | al
ways supposed him free inquirer and
liberal man. How sadly the reverse
this sho WIS him. Would he make serfs
and menials of every one who has
ever received favor? Would he bride
to silence and contentment by the con
ferment Of Offices !? Is that part of the
. present democratic regime For the
honor Of my country, hope not. Fol
the honor of humanity, trust it never
E will be. All honest men should frowr
upon such notions Of obedience to a SUI
perior. If they are to become the lead
, ing doctrine Of the times, we'll may WI
despair of this republic. But am will
ing to believe that Judge Mason's com
munication was written in haste and i,
, an excited state Of mind. I am willin!
to believe that he has been deceived ant
has deceived himself. l commend hin
: to more moderation and to better opin
= ion from the public than his own com
: munication will lead them to bestow upol
! him. MARTIN.
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