New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-12
vicscns az conclusive, the House would proceed

taken in report made By Committee
TO the House, which report insisted TIA.
the independence of the judiciary would be ter.
ribly endangered by resortiog to a removal by
address in this case. Nevertheless, both House,
voted the address for removal from both Office,
or the express ground that as the stood, "tie
confidence OF the people" ia these Judges "msst
be, in a great measure, destroyed"
! To those who know how mileage and attend
auce are charged by members of Congress
it may seem odd that two judges should
/ be removed for little p-ccsdillo Of that s,rs-a
peccadio, too, lot committed, IS to one Of the
Offices frcm which they were removed. in their
official capscity-for, as Judges Of tbs Court Of
Common Pleas, they had taken no illegal fees.
Gov. Strong, however, and his Council, anxious
70 guard the purity of the ermins from all sqs-
pcion, aid taking into view that the confidence
'of the people" was necessary qualification
for the tffice Of Judge, even refused to acsept
the designations Of Office rendered by these two
Judges, and proceeded TO issue against then
writ Of supersedeas, revoking sheir commissions.
and sigpifyng to them that they might not
"benceforth presume to act in any manner BY
.yrtue of the said commissions, but altogether
'sto forbear and surcease."
John Q. Adams was At this time a member of
the Massachusetts, Senate. He voted sgs'nst tho
address, (Which passed the Senate - 20 10, aud
the House, 10 TO 56.) and, with auoher SEN
tor, entered protest against il on the Journals,
the following words:
First: Because the grounds alleged in the said
Address for the removal for official misconduct
CHS was not true to the reuiova from the Offices
of Judges of the Common Ileas Aud they co.,
seve to be the intention OF the Constitution th u no
judicial officer should De removed from OIL % by the
mode of an address BY the two Houses the ground
of ofenses for the trial OF which the Constitution has
expressly provided the mode OF impea3h
SECONDLY: Because they consider the indepeud-
euce Of the Judiciary a. nateri .y affected by mode
of proceeding which in its effects, must make the
tenure of all udics officers dependent upon the YER
dict of Jury in any one county in the Connon-
wealth.
this case sfecug, in the highest degree, the rgh''
the character and the rcputdr0a OF tso individual
citizens of this Commonwealth, ought not 70 have
been taken without giving then an opportunity, pre-
yiously, TO be heard IN their own deiease'
twill be seen that none of these objections
apply TO the case Of Judge Loring who has had
toe fullest opportunity to appear Gin bis own
" defense"
At the same time that these proceedings were
taken sgsinst the &c County Judges, two out the
Ave Judges of the Supreme Court of Massichu.
sstts were incapscitated by age and indrmities
from the proper ds cbaree Of their duties This
wss especially the case with TheOphllus Bradbury,
whom psraly,ic shock had totally disabled.
Robert Trest Paine (sgner OF the Declaration Of
IndependeDce), though united, whether IS to
health or temper, for his office, was, however, still
able ID act in it.
These two Judges were willing to resign il the
Legislature would give them retiring allowance,
bus not otherwise A bill for that purpose was
introduced, which passed the Senate, but was
lott in the House, 7s nays to AZ yeas; aud two
days before the termination of tho Legislature,
committee was raised in the House to consider
the expediency of addressing the Governor for the
removal of Judges Paine spd Bradbury, they
beng incompetent by age and intrmties to dis.
"cbarge the duties of their Office" The speedy
termination OF the session cut short any further
action; but when the new Legislature came to-
gether, the following June. an address was agreed
to, stating the facts with respect to Judge Brad
bury, and that from the nature of the attack,
there was no ground to expect his restoration
to health, They freely admitted his pct ser
vices, as "lesrDed, Independent, and upright
Judge" but, as they considered it the duty Of
the Legislature to provide competent tribunals,
they were also of opinion tia. Judges inca
pacitated to discharge their functions ought
to retire to private life, and on this ground
they asked Judge Bradbury's removal. The sd-
dress being presented, the Governor with sd-
vice of the Council, caused a copy of it to be
served on Judge Bradbury, who replied by letter
that be considered himself as having (by law an
estate for life in bis office, to be forfeited only By
msbehayior, and that his friend Mr.. Parsons,
| (TbeOpbilus Parsons, after ward Chief Jastice,)
would further explain his views. Parsons was
beard accordingly, after which the Co4ncil 3D.
vised the Governor to comply with the address,
which was accordingly done. Judge Paine took
warning and resigned the next year.
Dana, then Chief Justice, grandfather Of tho
gentleman who appeared before the Legislative
Committee the other day at Boston to oppose
Mr.. LorDg's removal,) was highly indignant
at this proceeding. judges 10 those days
used to vent their bile in charges to tho
Grand Juries, and Chief Justice Dana took tho
earliest opportunity Of tbs. sort to pronounce
the removal OF Judge Bradbury gross violation
of the Constitution. judges, he maintained,
could be constitutionslly removed for misbetasisr
only. If they misbehayed in Office, they might
ha ;nraachad. if thov IN sheha god out of ofiea.