New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-25

how much they mean let him read and put to-
getber, compare and ponder upon what The "
y. 1Imcs did say and has said before during and
since the last State election on the subject of
prohibitiye liquor legislation. Nobody who goes
through that process can, We apprehend, have
any doubts where, when the time Of trial
comes, The " T. Tines is likely to be found
upon that or any other great question
Mounting on the fence at such critical moments
is Dot by any means to be taken as indicating
lack of zeal or courage. Great leaders must
keep cool. They must not let their enthusiasm
degenerate into vulgar fanaticsm or vim
dictive passion. They must lift themselves
above the mere pell-nell of battle. Does it
net often become necessary for general officers
and even for lieutenants to mount upon the
fence in order to get clearer view of the
field Of conflict and to see in season how the for
tune of the day is likely to go
While the soundness of The " T. Times
upon Temperance and slavery is thus placed
beyond all reasonable doubt, no question that
We ever heard of has ever been raised as to
its feelings upon another point The warm,
, devoted. not merely fraternal. but flial atfec-
tion of The " T. Times for THE TRIBUNE is
notorious. Everybody knows with what afec-
ionate zeal il strives to tread in our footsteps,
TO Guido Us in all our virtues, while it carefully
avoids all our numerous faults aboring day and
night to translate our rude roarngs into such soft
and gentle warbliDgs as may be tolerated at
| court, and as will not be likely to frighten the
! prince and ladies.
OF course il must be terrible trial TO TIE
| ". T. Times to find itself, instead of following
the promptings of natural affection by going
backward like the pious sons of Noah to throw
a covering ever US, obliged to WELD against our
bare body a regular Southern cato mine tails,
and that too in behalf of and in fact borrowed
from such tool of the Slave Oligarchy"
(such is The n. Y. Illness own description Of
him) as Judge Edward Greedy Loring, the
world-renOWned Massachusetts, slaye-catcher.
Yet to the unhinching discharge of what disa-
greeabe duties will not an imperiOus sense of
constitutional duty prompt 1t was that alone.
so Gov. Gardner affirms-and who will question
his afirmations any more than those of The n. L.
Times that, much as he detests the Fugitive
Slave Act and the execution of it, prevented his
removal of Judge Loring; and doubtless it is that
alone which prompts The " Y. Times not only to
justify and to applaud Gov. Gardeners refusal,
but, little sympathy as it has for Judge Lorng,
to assume also the painful duty not only of pub
lcy rebuking " the spleen" of our angry dis
appointment" in relation to this matter, but of
exposing our " destructive political heresies"
and our denial or ignorance of :" the simplest
elements the very primer, of constitutional
L" doctrine"
The alarming error for which The n. Y Times
feels obliged thus to raise the hue and cry against
us Is stated TO consist in the doctrine that in this
matter of the removal of Judges by address the
Governor is but ministerial officer, bound to
remove whomsoeyer the Legislature ask him
without exercising any judgment of his own.
Now that is view of the constitutional law Of
Massachusetts, which as we have reason TO know,
many distinguished lawyers are inclined 10 take;
but so far as THE TRIBUNE is concerned, all the
solemn rhetoric of The ". Y. IImes-better
saved for some Silyer-Gray oration-is quite
thrown away; because we have never suggested
as the basis of our attacks upon Gov. Gardner
any such idea. Gov. Gardner in his letters
written before his election used language calcu-
lated and intended, We think, TO make his sup
porters, or those whom be wished to support
him, believe that if elected and asked by both
Houses 10 remove Judge Loring he would do
so. We have supposed that his non-fulfllment
of that pledge gave good ground for attacking
him-a point upon which perhaps The " \.
Tmes does not altogether agree with US.
But while taking us to task for falsely imputed
heresies, The ~ L. Times will do well to beware
lest it fall itself into a dangerous latitudlna-
rianism. According to The ". j. Times it is
only violations of some positive, express law,
such as an Indictment and conviction might be
founded on, that would justify the removal of
Judge by address; which yioation-using and
abusing the privilege of an Old Bailey advocate
and attempting to get its client off by an ultra
strict construction-it argues did not exist in
Judge LoriDg's case. The y. \. Times treats
its readers to a quotation from Virgil, implying
that the cause of emancipation is not likely to
be advanced by such advocacy as ours. j. 1t
quite sure that the Massachusetts, Judiciary Will
be thankful for defender who appeals in its be-
half 10 the bare letter of the law There is
short poem Of Pror's, rather dubious toward
the end, but the commencement of which The
~ T. Times may study to advantage, and which
we are rather disposed to accept as the standard,
in preference TO that put forward BY The v. !.
Tunes, of official good behavior
Beyond the fixed and settled rules
Ofyce aud virtue in the schools
Beyond he letter If theLar
That keeps our men and laids N awe