The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-11
Judge Lering, OF Boston, Not 10 he Removed.
IMPORTANT MESSAGE OF THE GOVERNOR OF xAssA.

Judge Lering, OF Boston, Not to be Removed.
IMPORTANT MESSAGE OF THE GOVERNOR OF NAssA.
CHUsETTs.
COUNCIL CHAMBER Boston, May 10 1885,
To THE sPRAEBR OF THE HoUsK OF RsPREsKsrArIvEs:-
have received the address Of the two branches oil
the Legislature requesting that Edward Greeley Lorins
may be removed from the Office OF Judge Of Probate for
the county Of Suffolk.
the government, used the following words:-sI know
no safer index in official action than considerations
convection Of duty-none more fuctuatng than the
auempt 10 satisfy Temporary caprice. Principles are
enduring and IL disregaroed sooner later the
dict Of condemnation will be recorded against those who
arefase to Their requirements Let then be true to
country and duty Let the of principle
not o. party be our desireths benefit OF the state not
OF faction our aim
have endeavored to examine the question submitted
TO me In the light OF those principles alone desire to
do right for the sake OF tee right sorgetul of exped
considerations otivss may be attributed to In my
TONS and that my ttuents may believe that obedi-
encs 10 justice is my sole desire.
shall not attempt so much to demonstrate the cor.
Iectness of the result to which have attained
narate plainly ARD conclusively the by which my
convictions have been formed.
The address OF the two Houses were presented 90
the Sd inst in the following =" The two branches
the Legislature, In general court assembled respect
fully request that yeur Excsency would be pleased BY
and with the advice and consent of the Council TO
move Edward Greedy Loripg from the Office Of Judge Of
Probate for the county Of suffolk"
Three courses present themselves for my adoption.
Fnst-To request the Legislature to favor with the
my DUTY. without communication to tina Legislature;
and thirdlyto give my for the which
convictions shan LET me to adopt
The original papers, before me- demonstrate that
IN every instance record where Judges Of this State
have been removed by address, full for removal
nave accompanied said actresses Though anxious to
have had the specific for the proposed
removal in order TO avoid action doubtful grounds,
the Legislature having omitted to emboiy in the ad
dress the results of the investigation of it's omtte,
carried with facilities the executive department does
not possess rather than farther proong the session
No N a rst cor
As to the second, Legislature ask the executive to
perform an act without specifying the reason therefor
he without discourtesy omit TO assign the reasons
which copstran him to decline accedng to their request
But the nober, msnler course 10 to adopt the third
method, and thir now proceed to do
The question of acceong declining to act in accord
ance with an address for such removal is widely diff
ferent from the constitutional power given the execu
tive to sign or veto legislative enactments In the lat
ter ca the constitution mi's the period that bill
shall be retained for consideration, and provides that
veto may be overruled by q two thirds vote In bosh
branches. 1t Is wholly different in the of egsa
tive address, limit in time being fxed and the action
Of the executive being final Feeling deeply then the
Importance of decision which must be 6naity, /
have At been impeed to hasteu my reply before the
legislature shall be prorogued in ORDER that further &C
ton may be had OF different nature, should the two
houses deem 1t advisable.
The power OF removing Judge by address is founded
on the provso to article lst chap of the constitution
and ia ia the following words"Provded, nevertheless
the Governor, with the consent of the Council may
move them upon ADDRESS OF both houses OF the Legsla
turen
very important this passage be examined in the
light OF contemporaneous expedition to ascertain the in
tent OF the II rmers of constitution. The convention
that adopted it, met in Cambridge, September 1779.
By the Journal of that convention it appears that
Saturday, November 1t voted IS to 25 that Judges
Of the Supreme Juc cal Court should hold their Offices
during good behavior and Wednesday, February 16,
$780, the adopted the other judicial
officers On the same cay the provision before quoted,
oeing read, was largely oebated, when the same was
debate and cannot learn that it printed the
papers OF the day containing abstract Of it, aud
memcrs noun in manuscript being known to exist We
therefore compelled to infer the intention of the
trainers Of this proviso from collateral and nearly
evidences and to apply to its Interpretation
the mmutabe principles of right and justice, that
never new, and never will be old.
II the address to the people Of Massachusetts,
panying that constitution signed by James BowdOn,
as President is the following pasaage =" You will rea
Oily conceive it to be necessary for your safety,
that your judges should hold their offices during good
behavior; four men who hold their places upon so pre-
cious tenure as annual other frequent appoint
ments, viii never so atsiouousiy apply themselves to
study IS will be necessary to the filling Of their places
with dignity. Judges should at all times feel themselves
independent and Tree" such arg uage indicates that
the Convention intended that Judges should hold
their offices during good behavior and not $50 preca
rous tenure as the will Of the Legislature, and that
it soiemnly declares that their liability to removal
without reasons being given without trial. and without
an allegation Of crime would prove fatal to the ples
safety" ard the Independents and freedom Of the
committee Of delegates from the county Of Essex was
held at Ipswich to cUDsds the constitution formed two
years previous Convention whose action we have
just considered 10 very able address signed by Peter
Coffin as Chairman, and printed at Newburyport in 177S
On page 80 it is iorcioly affirmed, 'The same power
(thAt is, the executive (which appoints the Judges
ought not to have the power Of removing them,
tor misbehavior. Whoever appoints the Judges, they
ought not 70 be removed at pleasure One OF these two
powers" Cbe executive and the Legisaturs) should
appoint and the other remove" And page 40
.Nsith.I WIN tie exeonsiv. body be the proper
Let therefore, Judges BID appointed by the execu.
tive body-et their salaries be independent and let
them hold their places during good behavior Let their
msbehavior be determined by The legislative body Let
one branch impeacb ST the other Judge. Upon these
principles the Juoical body will be independent so long
as the behave we and proper court is appointed to
nseertain their conduct
All these circumstances tend to show that the clause
OF the under is not to be
strued comforting power OF removal at the mere
wish Of the legislature II 1t be used once it
thousand times If to one Judge then to the whole
would directly conflict sith other Provisions of the in
atrumeut.
compared with the 2eth article of the bill of rights
ia not contradiction in terms say that sit is
fents to the preservation OF the rights of evsry ind
vldual bis life, liberty, property an. character that
there be an partial Interpretation of laws and ad
Manifestation OF justice and then to provide that its
interpreters and administrations may be charged every
year with each sucneediog political revolutoK9 Is 1t
not futile declaration that sit is the right of every
citizen to be tailed by JUDGES Free impartial and in
dependent as the lot OF humanity will admit, and then
TO ada that they can be removed without given
crime alleged, they will not surrender their free.
dom add absndon their independence at the behest OF
dominsnt paitiesy
II be the meaning of this provso that judicial OFF
may re removed without cause on the address OF
the hopses all sections OF the constitution refer
ring to irolesclmebt of Judges are superauous Why
provide for impeachment and trial by the two branches
uuoer the solemn forms prescribed IL an address from
these two branches without confronting the culprt
With his sccuLers, without alleged culptit, or
any sccusers, or any crime may astity judicial re-
movalf
Is not proper, then, TO inquire II there is any inter
probation which will make these seeming discrepancies
harmonious-these indications of Justice unfounded-
these apparent contradictions homogeneous whole
Such interpre tation may found by constituting
constitution declaring that our Judges shall hold office
during good behavior, snail be removed by impeachment
for crime and by ADDRESS for any dspensaon Of Prov
dence that makes them, without crminallty, incompe
tent to perform properly the duties Of their Office
This has often been affirmed TO be it's true intent By
visest statesmen Fer instance in the debates of the
Convention of 1920 Mr. Pickman, OF Salem, said-"t
proper to have provision Of q similar nature to
meet such not proper subject OF ion
ment, such incsp city rom natural n6rmities.o
Mr. James Savage of Boston, said he hoped 1--WE should