The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-11

nall and the honor and dignity Of the government
should not be permitted to exercise Offices
Of sucn high trust and importance
Isppsar. from the records Of the Council that these
slature had voted the address, and before executive
astion was had thereon, which, however, not
II the construction OF the consttu ton given by me is
correct 1t improper TO remove those by ad
dress They should have been brought to trial by i'm.
under the other provision of the constitu
ton, which refers to tie commission Of crime: ami
End that John Quincy Adams, then q member Of the
Senate svssans this view in sole protest. which be
caused to be entered on the Journal March 1908 in
the folio wing words-'rhe subscriber requests that,
the Senate to accept the report OF the COMMITTEES for a
dressing his Excellency the Governor to Paul
Duoly Sargent and William Vinal from the offices of JUS
tees OF the Court Of Sessions and Of Common Pleas for
the counties Of Hancock and Washington may be en-
tered upon the journals Of the Senate.
Firat-Because the grounds alleged in the said al,
the subscriber concevss t to e the intention OF fhe
constitution that judicial officer should bs removed
rom Office by OF address OF the 20 Houses
the ground OF offences for the trial OF which the c0n
stituton has expressly provided the mode Of impeach
ment
Secondly Because he considers the Independence of
the Judiciary materially affected by mode Of pro-
eedpg which In it's effects must make the tenure OF all
judicial offices dependent upon the verdict OF jury in
any one county of the Commonwealth
Thirdly Because the decision OF the Senate in this
case affecting in the highest degree the rights the
character and reputation OF two individual citizens of
This Commonwealth ought not to have been taken, with
Ut giving them an opportunity to be heard in their wn
The other case of removal Of Judge by address was
that of Theophus Bradbury Of the Supreme Judicial
Court The address voted June q Of the year.
1903, and declares they find that by stroke OF the
palsy the 18th of February d. 1902 the said Judge
duties OF his Office that time; that from the nature
of the attack there is no groung to hope that
him perform the duties of his office and therefore
that his longer therein Is likely to ebarass
being unable to appear in person. when summoned be.
fore the executive after being heard by counsel was
removed.
This case came clearly within what think is the in
tenton OF the Constitution and it Is to be remarked that
John Quincy Adams, though still member of the SO.
nate did not protest against this action he di In the
previous case thus showing he deemed 1t within the
scope Of constitutional power.
In recapitulatns this branch ST the subject state
that though the tenor of the language the
seems to authorize this in aud without
reasons given rm nevertheless impeed to believe that
the different clauses Of that instrument from the state
ment of the address that mpaned it. for coatempo
the state government with one exception and that
cepon having been recordee against it, the protest Of
no less man than John Quincy Adams.
But granting for tue Of further confederation
that the intent of the trainers Of constitution
was to authorize for for cause, the
mova of any all Of judges by address the egs
lature to Governor proceed to examine in that
light the present case.
Ether this clause authorizes removal only for an act
OF Providence, their being guilt or ground for i'm
parchment or it authorses 1T at any and all times,
without limitation, for or without cause. If this
latter view Is correct, and II sucn uulm ted is
clearly given the justice of using that power in the
Of Sudge Loripg the only question to be considered
1t is not alleged that Judge Lorng has committed any
against the laws of the United States Of Massa
chusets 1t is not alleged that he Is rendered unit for
the performance of the duties Of his office by insanity
physical ncapacity, other visitation of Provi
dence. This then, the rst during three quarters
Of century where it has been proposed to this al
legged constitutional power This to be psecedeat by
which judicial officers to be placed in the same
category with postmaers under the general and shers
under the State government to be removed with every
change of the ruling party. Judg story said in the
Convention of 1920 speaking of very passage
consideration, 'the first instance of removal would
establish q practice which would never be departed
FROM of shifting the whole court with every caange
of the party in power" That which most degrades
and prevents the best men from conssntins
to take Offices of emolument, is the custom,
that long and constant precedsnts hardly paate but
which has grown to become almost necessity the
removal Of honest and faithful officers to make for
the friends and supporters of the victorious party There
Is no official action that so disgusts high minded
as this necessary practice OF removal would not
be the first to introduce 1t in respect to the most
important offices. when then, am sol,ited to per.
form an act which may be construed insugurat,ng
this custom for precedent during all time, regards
the judiciary That body concerning VIII I'm the Bill OF
Bghts declares tbat is essential the rights of
ry indivdua-his life liberty property and Character
that there be an mparsal Interpretation Of laws and
every citizen to be tried by judges Free .rt and
independent the lot of humanity will admit, is it
strange that recoi from the task with dstrust and
alarm
The next reason Why hesitate to remove Judge Lo
ring assuming the power to do so to be clear and posi-
tive that no crime is alleged against him, IN Office or
out, and nmaton is given that he has not satsfsc
toriy and faithfully performed his duties as Judge of
PROBATE :
DO subject shall be held to answer for any crimes
offence until the same is fully and plainly su ostan.
aSa ac AZ 20 o,
grand jury to frame the Indictment and indictment
without an allegation Of crime would be quashed at
once by the Court The executive acts as the Court in
this case, and certainly should not condemn without
some specification Of crimnality.
But 1t is alleged there that action in tbs OF
Judge Loring which, without being overt crime
renders him obnoxious and Objectionable as to mske
his removal desirable STILL that removal should take
q that while the obnoxious individual is
moved from his public post prece is established
pregnant with evil to those who may come after him.
and so that punishment shall follow only plain viola
ton Of law.
Such course is open for the Legislature to adopt
In both branches attempt made to render the
holding of the office of Judge of Probate incompatible
with that of the ccmmissionershp under which Judge
Lorings action was deemdd obnoxious and objection
able.
To the allegation that Judge Loring has shocked the
popular sentiment OF may be pertinent
TO ask what the duty of judges is Are they expound
the laws mace by the Ia wmaking power, or they
construe them In accordance with popular entmentf
Of Office shape his decisions according the
tuatons of popular feeling, we become government
not of )aws, but OF men.
Supposing is alleged, that according to tbs ordi
nary balancing Of conflicting tesmany the decision Of
Judge Loring erroneous asserts believes
that he wiIfuly adjudc.ted wrongly and corrupsiy.
The error II 1t be considered, mistake. Is
Judge then, to be removed from Office, il Ia the
execution of that office he gives mistaken Judgment
Such impractical and dangerous policy would lead to
daily removal among judicial officers Of our inferior
courts often their decisions ovsrruled BY higher
tribunals.
As the allegation that the conduct of Judge Lorng
in this trial harsh unfeeling and characterized
by the humanity which the maxims of our jurispru
6ence throw around prisoner and that he did give
him the benefit of the doubt which the theory OF
law, old as the law itself grants every person
raigned, there Is conflicting testimony.
The senior counsel for Burns, perhaps impartial o
the nature OF the permits testines that
he wrote in his private journal during the tria-"The
conduct Of Judge Loring has been consderae and hu
name" and his present statement corf firms his con
temporaneous declaration In such a conflict of tesu
mony, let grant Judge LOring the bsneat Of that