New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-02-28
TIE JUDICIARY IN DANGER

The people OF ENGLAND have, in times past
been often deu5ed, aud led TO gross sacriices of
their Liberties ard their rights by thai old cry of
terror yet entirely di ,1se tcere the Church
in Danger
That ssme cry has often had no little inhueace
10 this country, especially il New-Et gland; but
OF late years (till the recent outburst of Know
NottiDeisn) we have been content to let the
Church tske care of itself, without the aid Of any
political sction 10 protect 1t. Men, however, are
not easily broken Of idolatry, nor Of the habit of
tormtnting themselves and Others with panic ter
Tors, and as substitute for the cry Of the Church
ia dapger, tie political PuseJites, especially
shout Boston, have got UP another cry very
much Ike it, snd that is-the Judiciary in
danger and this cry is raised long and loud
on 81 sid.s-and that, too, even by such ex'
celent Dorr rebellion Democrats as Bsljamin
T. Hal'et-at the proposal, in the Legislature o.
Massa ,hulettr, to address Judge Loring, United
States Slave. C a ching Commissioner, out of his
State Office of Judge of Probate for the County of
Suffolk
Its preteniea that the security of property
makes II secessaIy to wink at great many things
Of Judge LoriDg merely for helping slave
holder TO his property" would, to use the
alarming words of the frightened Boston Daily
.1dre,ti.er, "str;be blow a. the independence
Of the judiciary, which, if repeated, Will shat
"ter The whole fabric of our republican inssi-
buttons" In Il cir action upon the question of
removing Judge Lorirg, the Legislature Governor
ma ne Mas ehuse 10 ar ofe ou ha
governed BY the Constitution of Massachusetts,;
and as tina. is document with which these
| frightened gentlemen, whether in Massachusetts,
OF Gus of it, do not seem to be very familiar,
we propose briefly to show what view the fran, re-
OF that ipstrums Mt took of the tenure Of the ui-
cial Office, and how careful they were, 10 guarding
the independence Of the Judges not TO imperil the
| liberties and rights OF the COMMUNICATIVE end
alone for which this much talked-of independence
of the judiciary was desred-that independence
being only means TO which the end itself TO
Wit, the public welfsre) was by no means to be
sacrificed. Tie great principle upon which the
whole Massachusetts frame OF government is
founded is laid down in tAe 9Th article Of the Bill
Of Rights, IS follows:
All rover residing oyirinslly in the people and
being derived from them the several mayistrses aud
officers OF Government Vested with authority neither
legislative executive or rfc:gl, are their snosfRa'es
qSd agents and are q al timcs accountable 10 them.
In Massachusetts, there is no property in office
nor perre;uity of Office. All office holiers,
judges included are agents and substitutes y
of the people, accountable at all tunes to their
principals And in cOofor nifty to this great doc
trine the sth article OF the Mass ichuse,ts Bill Of
Rights declares that
/" In order TO prevent those who sre vested with
authority from becoming opprsss0rs, the people hsve
aljsht AZ such periods and IN such as they
stall establish By their frame Of government 70 cfn,e
their puddle ctfcf,s TO return 10 pirate its.'
In order 70 guard against the curse OF such
Magistrates, and to carry out these princi-
pies of holding all magistrates and officers ac-
countsble to the people sat all times" AID Of
causing them, "at suitable times" to retire to
private life, the Constitution provided in all
cases Of misconduct and NATURALIZATION 10 Of
fce for removal by impeachment. AS q means
of meeting oil other cases of deficiencies, insult
ciencles or misunderstanding the capital
enc Of being no longer satisfactory to the people
it provided, in the case Of all executive and
Legislative officers, the very sufficient remedy Of
abort terms of Office Generally ANNUALLY and fire.
quent reflections and reappointments, thus CIV
Ing the people, or the agents Of the people. tbs