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

The Erening Post in some recens remarks on
the removal Of Judge LoriDg gives Lew proof OF
an habitual cArelessness Of facts, for which no
keeDuess Of logic, asr brillisucy of rhetoric can
make AM amends. Logic and rhetoric, so sp-
Piled are, indeed, precisely what constitutes
sophis,ry-a thing very useful for some purposes,
but from which justice and Truth have but little
to hope.
The Post frat blunders in taking it for granted
that Judge Lcrng is already removed. Such 10
lot the fact The matter still sw ats the action
of the Governor OF Massachusetts, with whom,
perhaps, the remOhstrances of The Baltimore
Patriot, Of The Richmond Enquirer, OF The Jour
nal Of Commerce, and of The Erening Post, will
weigh more than the address of the Massschu-
setts Legislature, and the wishes Of her citizens.
Having blunderir ely assumed this fact The Pos!
informs US tho. ii did not belong TO the Legis-
" lature to punish him ii. G. Judge LoriDg) for
" the part he took in the execution Of th4t in
famous law" as The Post calls the Fugitive
Slave act. "All legislation, SO The Post pro-
ceeds, '.of vndicive nature Is wroDg'-a
very grave ard orscular saying bat one the
truth of which 1t is Lot necessary to consider
row, because il has nothing to do with
the point at issue-seryiDg The Post merely
as bright tin pan ingeniC usly held in the sun
so as TO dazzle the eyes and bewder the judg
meDt of itself and its readers The removal Of
Judge LOring by the Governor, on the Joint ad
dress Of both Houses, is no more an acs Of legis-
ton, vindctiye or otherwise, than would be his
removal by impeachment. Is The Evesing Post
Of opinion that no Judge ought ever to be re-
moved If member of Legislative body dis
grsces himself and his station, 10 the Legislature
to be prevented from expellDg him If an out
cider interrupts their proceedings, is the Legs
lature to be prevented from interfering With him,
because "all legislation of yiadicsise nature is
wrong"
Pray, wha. does The Post think, and what did
il cay about the black lines drawn round a GER
tain entry In the Journals Of the Senate Of the
United States in viirue of Mr.. Benton's famous
expuDgiDg resolution That proceeding was
quite much, to say the least Of IL, legislative
act as the address for the removal Of Judge Lor-
ing; and of its purely yindictive character few
will doubt. But to apply that inyidious eplthet
10 Judge Lorirg ia to misrepresent the facts.
The object is not to take vengeance on JUICE
Loring but simply to make an example of him for
the benefit Of otbers-of whom there are, unfor-
tunately still too many in the North who might
etherwise feel inclined to initiate his example,
and upon whom one Judge removed will impress
more forcibly than fifty laws enacted.
But let US listen sgain to The Post. "Itis not
"the province Of the Legislature to punish; lis
duty il to enact laws, and to leave the punish
"ments TO the civil Magistrate" All that may
be- but under the Constitution Of Massachusetts,
it is also the duty, SIS well 80 the right, of the
Legislature, in conjunction with the Governor
aud Council, to cause the removal by address Of
Judges whose conduct has rendered them unf.
and unworthy in the opinion Of the Legislature
and Of the Governor and Council to hold Office any
longer. 1T Judge LOTing The Post continues,
=" had committed an act which the community
" disspproved, but which no lay had defined as
L" crime or attached any penalty to, it was the
a" essieEt thing in the world 10 restrain him from
"repestiug the ofense. The Judges Of the
s. State Courts might have been prohibited from
acting under the Fugitive Slave Law, and there
|" the matter would have ended"
If the matter had ended with the enactment Of
iuch law, why then il would have ended with
leaving Judge Loring In Office no matter how
many fugitives he might surrender; for even
though he were convicted under such an act, and
sentenced, and sent to the State prison, he would
still remain a Judge, till removed by that