Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-10-24
From the National Infellixencer.
MASSACHUSETTS, JUDICIARY.


nona''endanee while it expresses his very hearty concur
renee IN the objects of the Convention He declares his
very warm approval of the Wing nominations already
naoe' ana MS own determination support them. In Mr.
Briggs his personal and his public merits he places the
highest confidence; there could not be better choice If
candidate for the Gubernatoa chair of the stae and he
has long been know and 10 admire the worth
and usefulness OF Mr. Reed nominee for the Office of
Lieutenant Governor OF this and upright public
servant, he justly remarks
at is now more than thirty years since Mr. Reed and
nyse entered Congress together for far moro than
half OF that period he has been member of the National
house OF Representatives. II all who have been with him
IN congress could be called what man in their nc
quantance had been much distinguished a. any other
man Tor steadiness OF principle and conduct for
and practical good sense, and unceas
ing attention TO the interests of his constituents believes
majority would name John Reed of Massachusetts
From these mere personal subjects Mr. Webster then
passes to one Of lasting and less local interest as
follows:
Bull acknowledge that feel concern for the re,ul, Of
the approaching election deeper and stronger than eold
sprlng from mere choice OF the preference OF one
candidate to another deliberate and conscientious
convection that dangerous blow has been struck he the
Legislature Of the present year upon the rons,,o, h
Commonwealth and the liberty security of the peon.
and that every lust and honorable .fr, sLtI P'
/ repair The injury
That Legislature has passed an No, reduc;r ,b I;
oil the Judges OF the Supreme Court not prospectye bur
presently not To operate merely Judges be hereafter
appointed but affecting those who now on tho bench
holding their offices under the provisions Of the cons,
non and OF statues existing when thew received ,be com
missions, and which the late alters and in mart reneaI
ne amount OF this reduction unimportant because If
part OF the Judges salary may taken away tho whole
may oe taken away and that which has heretofore been
garded as resting demonstrations right will come 10 deend
merely on legislative discretion favor Nor can make
any difference whether the whole salary be abolished =,
once or the same object be attained step by step by sue
eessiNe acts OF dminuon. II the constitution has limos
ed no restraint the Legislature then IL may If IL secs &,
aooh the salary entirely it has imposed such restraint
then that restraint proper and JUS, extent &
whole salary and every part of It,
BY the Constitution of the State Judges M. % LI5 -
I dIT"s good oehduior; with provision neverhe
less for their removal in form In other words
e constitution makes the office of Judge an office for
ME, but always liable be forfeited bv Judgment ON i'm
o''o De taken away by another prescribed mode
" proceeding II both Houses of the Legislature address
the Governor for the removal Judge and ne sees 81 %
act upon such address, he with the consent M ,
Counci the Judge is removed There much reason for
holding that this power only exercised on moot f
m"lconduc apparent after hearing and examination; be-
such Is e dictate OF common justice and because
the language OF the Constitution is express thar Judy,
sha mold Their Offices during good behavior Such exer
cse OF power would be proceeding of the hisbes, raso
siony, not likely TO be attempted, or if ATTEMPTED not
hAe be tolerated, without apparently iustfg ~
and IS very different thing from the enactment 81 i
calculated 10 undermine the Judiciary, by assang from
time TO time the compensation of the JUDGES
The Massachusetts Bill Rights declares tb,, the Ind
Ss O the supreme Judicial Court should hold their offices
as long as they behave themselves well and thai ",hev
by standing laws" 1
The Constitution repeats this declaration. and provide.
that permanent and honorable salaries shall be
by law Tor the Justices OF the Supreme Judicial Coprt
\ salary, ascertained BY standing laws must be sun
pose, standing salary. -
salary established must be salary which is fixed and
!asung at least during the continuance in office of Jn
who accepted office under existing law
A permanent salary must salary not liable q, co
ua' Sl'eauohs' IL the words OF the Constitution do not
mean TINS they mean nothing and might as well have been
altogether omitted. ''s'
standing salary which may yet be diminished at plea
sure established salary which is stI liable 70 he J
As her fff
neni salary, which may be changed nevertheless svs L.
Is nothing else than plain and papabe inconsistency, On
may just well say that tenancy NJ ,y;II ;s = ..tiS
estate. N
The Constitution of tine United States provides tina, the
Judges OF the Courts Of the United States shall receive for
thelrserNces compensation (which shall not be drinb
ed during their continuance in office" have always -
sa'ded hls as the same provision expressed in other words
which the trainers Of that Constitution fund .ircs ;'
ed IN the Constitution Of Massachusetts
The laws Of the Commonwealth heretofore passed md
Wch nave long remained uHdlsiurbed fully recognise the
Just extent OF the constitutional provision BY the act Of
0V' TOE Ohe Jusce Is 10 receive thirty hundred dol
lars and the other Judges three thousand dollars b
sums the law declares shall be paid to them for every wear
during their continuance ia office. -
Every Judge on the Bench accented his 49,
ana received ms commission under the provisions and az
suFances OF this law; and easy TO sec why this law
coupled with the constitutional provisions has NOT given IN
eae yuuge hed night TO this amount of compensation du
ring his continuance IN office.
The late act, therefore, appears me TO be nm invasion
OF constitutional provisions the highest inheritance IN to-
points OF view First, il objects variation alteration and
change that which the Cons declares shall b ,o,J
ing" "estabshed,' and "pernanent;" secondv !, A.
nshes the salaries OF Judges in Oce and who accent,
ed their offices under the assurance Of that the sna
RES then existing should be paid to them every wear during
their continuance in office.
The case, therefore, appears me- on the whole 10 be
plain one but II were doubtful that doubt ought 10 have
prevented the passage OF the law IL is the part of wisdom
TO be abstncnt and scmpulous regard 10 every tbin
which may seem 10 entrench upon constitutional ,rincn
do not think II the duty OF members the Legislature or
other public officers to what extremes they can push
projects OF reform or ct change without, open and fragrant
violation OF the Constitution: the contrary think tb
ought 70 be influenced by prevailing and paramount desire
to administer the Government the full spirit of the Con
sunuon-o accomplish nl the objects and fulfil the whole
intent and design OF all its grea, provisions in Just ber
o. and manly manner And what man OF intelligence ard
cando can read the Bill OF Rights and the Constitution of
Massachusetts and not acknowledge that it, plain
and manifest intention and % establish "a S,prc,nc
Court for the state the Judges which shall be nJepnd
eni IN regard 70 the tenure Of their office unless misbeb
'or be proved and independent also regard - the com
pensauon &c be made for their servcesl
The Judiciary OF Massachusetts has lana h.o, e., no.
subject of honest PRIDE and Just INSTRUMENTATION I,
has successfully performed the duties dcvoving unop n
ana enjoyed m asigna manner, the public confidence Il,
mas attracted the respect Of other States and other coun
ines ln our day we have rs head Dana and Par
sons aud Parker; who would have adorned the bench
OF any court m the world and who have raised high t
character Of the state for the learning ability and dignity
OF her supreme Judicaurc And why should We now
without any necessity without any c,yenry m Stat.
without amy call or demand from public opinion ,yby
should We rcckcssy strike the pillars Of on! own honor
and our own distinction, well as of liberty security
anu prOtecuuni small, small pccuuisry savrs,
b. the whole amount OF the good which s ayov,d In b,s
been sought 10y the late Il this be- really and truly the
whole object tot much importance as TO Justify such
dangerous proceeding Is an end for the attainment of
WHICH, ~ wise and patriotic TO excite such serious alarm
among intelligent and rejecting mem Is il WORTHY 4, he
pursued at The expense Of weakening the confdcnr, of
tomuny IN Tue independence Of the high Judges Of the