Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1855-05-17
Gov. GARDENERS Reasons.

isnlute, giving his teosohs Tor Yelolng lhe teSolW'
ion 70. Tie removal of5lpdge LotlDg, We sub
jotnfullhet extracts, together with those We have
alteajy published embracing The leading features
Of The document.
The fits, important point noticed Is, The power
10 remove Judge, The constitution, aud other
Stale papers are carefully examired and The con-
ciuslons given hat the cntlse Of tile constitution
under constellation Is mol 70 De construed as Goa
ietng power Of removal at The 0lete wish Of the
Legislature, end that il would be "a futile De-
clstalion Thai III Is The tight of every citizen Obe
tiled by Judges as nee, IMPARTIAL and independent
as lie lol Of humanity will oIp, AMI then todd
thai they cun be removed without reasons given
OF ctime alleged, II they will moi surrender their
freedom aud abandon their Independence OF the
beiesl Of dominant pattlesW
But granting that The intention was lo'atItlloE'
lie TOT any cuse OF no cause ,e removal Of judges
DyptliteSs, SO, The erguIneRt continues
Ills not alleged that Judge Loring has commit,
ted dnY cline pgnlnst tlle laws OF the United
States OF Of Massachusetts. II is not ALLEGED thai
he Is rendered unfit for The nttomlpncc VI the lu'
ties Of lbs Office by Insanity, physical iteappelly,
orally other visitation Of Providence. This case
then, is The first during tltee quatlets Of century
whete ii has been proposed 10 use THIS nlIegtl
constitutional power. THIS Is 10 be Ptectuetlt
by which our judicial Offices ate 10 be placed III
lhU same category with posnastefs Illluel le gen
efal and sleliTs under tic State Government, tobe
removed with eieEy change Ol Tue ruling laHy
Judge Story sad, In The convention Of lS2V' 'leo'
king u The very passage under consideration, 1'e
ftsI instance Of removal would establish ptac..
lice which would never be dtpsIlsd if0llt ol
shifting tho whole court will every change OI 'hs
party III powell" 40
That which legra'es modern politics, which
most coftupls public metals, on pteyeuls Tue OeSl
men from conserving 10 lake Office Of emolumeNl,
Is tie custom thai lung and CONSTANT precedent
hardly paliutes, but Which las grown now 10 Ve.
calne almost necessity, ihe removal oil honest
and faithful public officers 10 make room iUt llIe
friends aud supporters OF the victorious pafy'-
llete Is TO official action TINT so diSsbsls lilgl'
minded man, OS this now necessary lfdotlce0l Ie'
mOval. would not 10 the fist 10 inlF0Iucs u,
even in respect 10 The most important oilicrS,--
When, iI.en | am solicited 10 petlOtn nl act
witch may 10 construed rs iHnugulailug tbls Gus
tom for precedent during oil lime as tegatds the
judiciary, thai body concerning whom lhG I'LL OF
rights declares "lhal II is essential 10 The rights Of
eyty individual, his lie, liberty, ptOpettM aud
character, thai there be OIL Impartial lIltCTpEela.
lion Of laws and administration VI justice, and that
ait Is the tight Of every citizen 10 DO lned by
iudg,s ns fee, impartial, anu independent rs thu
lot Uf humanity viii adult" iSll strange HAT
ttcoi from the task with dSlrust aud alarni
The next reason why tlv Governor will mOl Tc.
move Judge lori0g Isl no crime is alleged against
him, IN Office or out, aud no inlimatiOn is given
that he lus not satisfactorily aud faithfully per.
tUrmed his duties ns Judge Of Pfobatei aud The
iii Of Rights clearly sets forth That "no subject
shall 10 held to answer Ot any crimes OF OlEeuces
until the saIe Is fully and plainly subsIunliOled,
Ond formally described 10 him."
The tePly then polntedly aud fOtcibIy says;
10 the allegation that Judge I.oting has SHOCK.
ell the popular sentiment OF Massachusetts,, 1t may
bu Pertinent 10 HS& what tic duty Of Judges is,-
are they " cApUuuA tIv laws MS made by tho law
nAGing power, " ME they 10 cUllStrHe them IN
accordance with popular SrntIlRenlt When lie
tiIIie arrives that Judge so violates his nlill u
nire, rs 10 SIlGpG his decisions according 10 the
fluctuations Of popular feeling, VT bGComt gov.
rEmlgrl not OF laws, but or NELL
The Two following paragraphs ate worthy Of
notice especially Tic Iatlrn
SuppoSng, rs is alleged, tllat according 10 The
OtdiEa.y balancing Of COnillCtilg, lesli nUnY, the
decision Of Judge l,Oiing was erroneous nO one as
SrflS rr believes That hg wilItnlly adjnScUlt0
wrongly and cOnupily, The eItOr, II tlrot IL he
CUIislrted, was mistake. Isl Judge, then, lU
be removed from Office, even II in The execulOn0f
That office liz gives mistaken judgnIemi Such
an Impractical aud dangerous policy would lead
10 daily irmOvaI among judicial UlicpIs Of our
interior courts 50 often uiu their decisions OYrt.
ruled BY higher tribunals.
II weave 50 10 hold, aro We not digging apt.
fall into WEIGH the most saluNTy attachments pass.
cdbythu legislature llIS winter Muy nj some future
iiuB he hurled with oil who cling tU lplt cOnStilu
liOnnliy AMI eSpeiiencYl Il can badly ~ dt MED
that such is lal mud just illustration Of the Ten.
dcncy VI this policy lUT II must be remembered
that five years ugO the votes nnt voice VI MnSSa.
ChnseiS III both houses VI Congress were given 10
The passage u tlU yeEy statute nldsr Which Judge
LpTlng acted,
The IlosIUil ptess ate nearly unanimous in sus.
tainiug Tho refusal Of tie Governor tn comply
with Tho address. The Coulter has the following
in relation 10 lie mnltel
Governor Gardiner performed mn not OF con.
science rt Independence yesterday, which thu
Il may fOF tile lnOIuentimure hin in tic opinion OF
the Flee Soil majority Which COultolS the action Of
the present Legislature, will doubtless TedUUnl
to his honor lld 10 Tie credit Of his understanding
lleealleE, and may be the brightest mark upon Ills
political eScutChEnn. lilo respectfully declined
10 aCcede 10 thu Infamous TequpSli and In thi' LV
las acted like al upright Ogl Sfatc, ull deserves
the grateful exploitation OF Nil good citizens. Mr.
DO @e hesitate 10 express our firm conviction That
IN this act he las expressed tic public sentiment
the real sober judgment, the common SENSE VI The
people Of Ibis State. The case involved ninci.
ple OF the gEaveSt character; anll most fortunate
is ii fOt The gOUll OF The commonwealth that The
laotiOus legislature has lad lis purpose III this IL.
spect thwurtetl aud rebukeJ,
One hundred guns weTu fired on The common
yesterday afternoon IN honor Of tins fefnsnl,-
These spoke The public voice. They were mol
TOT the Qualification OF an individual, OF patty
hui because the executive has lad The manIlnrSS
VI Cllataclet 10 save the public from leItRvnl.
.. -.-------+-%SS .---.-.--.,--.
A SPECULATION OVREb.-0nce on n time coun.
Ivy Duiehman early one morning went TO town
where by chance he overheard some traders tell
ing each other how much mUney they had lHnrls
Tint morning by speculation; one Of them Ind male
500, 5000, $500, SO iIans's bump Of acquisi.
tiycueSs was so excited that lie. without my te.
Election, forthwith collclHed 10 leave Ills former
business, which was labor, and lry Ills hand ut
speculation, and on his return lnme made llS In,
tentions known 10 his faithful ltau. Early next
morning no geatteted his wallet containing his funds,
amounting 10 i've loll0S, and Of he goes posi- haste
and hall bent, 10 look up speculation. lie lpd
not proceeded lnr when he Met o wagoarE, aud
aecosled lin thus,