The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-14
The Fugitive Slave Law I'm Massachusetts.
THE PROTEST. or JUDGE LoENo.


Tn Fugitive Slave Law In Massachusetts
TIN PROTEST. or JUDGE LoENo.
10 ~ non. rHE SENATE AND Housn on RDOREsHSrArvxs
~ GENERAL CoURr AsszNBLEp;-
The remon.trsnce and protest Of Edward g.. Loring,
luoge OF Probate within and for the county Of Suffolk,
from his Office aforesaid:
Against the prayers Of the petitioners ! respectfully
ing facts and considerations
In the year ls4l, while . counsellor at law, practising
States, held within the same, ! was, BY the Hon. Joseph
story and the Hon. John Davis, then Justices OF the Cir.
cult Court Of the United States for the first circuit and
district of Massachusetts,, appointed to be . Commission
or Of the Circuit Court in said district, /" to take bail and
%4fidsyits " pursuant to the acts of Congress passed A.
In the year ls47, while stun holding and exercising the
ssslce OF commissioner aforesaid, ] was appointed BY his
. y is~snHS I py and Nv With lb'f sss' advice sase u Of hiaoo0 al anl5 J oS%,
~ Probate within and for the county of Suffolk.
y nave ever since held the same offices. And from tims
~ memorial II has been customary for JUDGES OF Probate
: iAis commonwealth to engage In and transact any bu-
niffss which is not incompatible with the faithful dis.
10 now fixed and limited by the revised statutes, chapter
IS, and the Office Of Commissioner OF the Circuit Court
Of the United States, from Its creation in 1912, has been
,'says held by those who were also, as justices OF the
ice, or otherwise, State magistrates.
l ~ an act Of Congress passed A. d. 1893, in execution
che 4th article OF the constitution OF the United Sta
sthdicton Ia all cases Of the extradiiion of ~fugitivet
edn service or labor, had been vested In any maeistrst,
o 4 county. city or town corporate, and therefore in this
commonwealth, in any person holding q commission A,
justice of the peace, irrespective of his fitness for ths
important duties under the act, or Of his official or moral
character, or OF any debasement Of both, through which
his o6icial services might be prostituted to ciaimants
who would pay for them, and who were left free to pay
any 81 suns 17a she as. puIRossts might ~ isa require; And under the
bunal.
By an act Of Congress passed A. D. 1850, chap. 90,
tne jurisdiction In question was transferred to commits.
sioners Of the circuit courts OF the United States. These
nAipoYa ~nE nn2anlIn~a - - - - -
cult courts Of the United States, in which they prac-
tised, for the performance of other and judicial duties,
~istration Of justice; their Official duties were formally
and publicly performed, and on the responsibility OF
their ofacial position and personal character. And this
To remove this tribunal from corrupting Influences, its
fees were fxed, and limited to q compensation for the
In the year 1861 the act Of Congress Of 1850 was Dc.
cIared BY the unanimous opinion of the Justices Of the
supreme judicial court Of the commonwealth Of MAssa-
chusetts, to be . constitutional Law Of the United States,
passed BY Congress in execution Of the 4th article Of the
constitution of the United States, and as such the su-
E Rse s%aDo .aa =, ~ aa sSs suSisss .fI g G asisr.a Rep ss 10 as Il. an, md
aure Of the constitution Of the United States, as . com
promise Of mutual rights. creating mutual obligations
SIN this spirit and with these views steadily in PROS
pect, Il seems TO BE- the duty Of all judges and msgis-
s% stasst On ' s1S Law. a1e Of 9p Ky 6 e1sss ps ss.sss, and ID ' ia i ri:
spirit 1t hehoves all persons bound to obey the laws Of
the United tss States, to consider and regard them
nagistrates and people Of Massachusetts, was given in
direct reference to the 4h article Of the constitution Of
tho United 6tates-the United States act Of 1850, and the
laws o. Massachusetts - they then were and have ever
since been.
Under all these circumstances, by an application unsx.
pectedly made to me in due form OF Law in Nay, 1894,
and Of which my frst notice was the presentation Of the
complaint for the warrant, it became my painful duty Is
which my removal fiOm the Office Of Judge Of Probate is
now sought BY the petitioners; the same being the ex.
tradition o. Anthony Burns, claimed ~ . fugitive from
service or labor under the Initial 2tatea Art of 1880
The duty Of commissioners Of she circuit courts Of
the United States under the United States act Of 1850, is
imperative upon them; for by the terms Of the act, they
are not merely authorized, but they are expressly are.
quired, to exercise and discharge all the powers and du.
. .s. S' e. iaw' e q any sn1s o as': oomn an sapai'a ase. I tnss d RuE,
on him, and after such application he can neither de-
cline 1t OF evade it; for If he could legally do so, all
others might, and then not only the statute but ths con-
stitution Of the United States would be violated, and the
public faith, pledged to IT, and the oaths taken to sup
port II, would be broken. In this conviction, the com
missioners of the Circuit Cour. OF the United States in
this commonwealth, refusing all pecuuiary compcnsa-
tion, have performed their duties to the constitution and
Magistrates do not make the lava, and II is NOT for
them TO usurp or infringe upon that high power; there.
they are committee to them. On this depends the secu-
rity OF everything the law protects; and that security
wiz be lost when magistrates shall shape their Official
action BY their own or the popular feeling, instead OF
when / was appointed Judge Of Probate, I was, by the
authority of the people Of Massachusetts, bound by an
official oath 10 support tine constitution OF the United
States. This is TO be done only BY fulfilling the provi-
sions Of the constitution, and Of those laws Of the tnitss
States which are constitutionally made to carry the con-
~stitution into effect. And ON the authority of toe So.
preme Judicial Court Of Massachusetts, ] confidently
claim that in my action under the United States act OF
1850, exactly complied with the official oath imposed
on me by the authority Of the people OF Massa chusotts.
a Commissipnerl / received nv commtssion a. Judge Of
Probate, no objection was made by the Executive Of the
Commonwealth, or OF any other branch Of the govern
ment, to my further discharge OF the duties OF a Com
missioner; nor, at the passage OF the act Of 1850, when
the jurisdiction aforesaid was given to Commissioners Of
the Circuit Courts Of the United States, nor At any time
since, was / notified that the government OF Massachu-
sets, or either the Executive or legislative branch
thereof regarded the two Offices as Incompatible, or
were Of opinion that the same qualities and experience
which were employed for tho rights and interests OF our
own citizens, should not be employed for the protection
Of all legal rights Of alleged fugitivss from service or la
Dor under the United States act Of 1850.
! male these latter remarks only for the purpose OF
bringing respectfully to the notice aad clear %apprehsa;
want Of equity that would be involved In the removal Of
a jads. from eice. for the pait discharge Of other OFF.
ties as judge; sgsinst his exercise of which no Official
objection had ever been raised; and which we're created
and imposed on him by that law Of the land which is the
And In answer to the prayers Of the petitioners, l
claim as facts-that the ertradition OF fugttives from
ton Of the United States; that the U. s. act OF 1850 was
and Is the Law Of the land, and by the decision Of the su-
preme judicial court Of the ominon weslt, obligatory on
all its magistrates and people; that action under the
said act was lawful and not prohibited by any State Law
TO the judicial officers OF the State; and was in con-
formity with the Official oath Of all ofncers Of the State
to support the constitution Of the United States.
And ! respectfully submit TO your honorable bodies
that when the petitioners ask you TO punish q judicia ]
officer for an act not prohibited by any statute Of Mas
sachussetts, but lawful under those statutes, and i'm
posed by that law Of the land which IL the Law OF Mas
sschussetts-tbe ask Of you an abuse OF power for
which the legislative history Of Massachusetts furnishes
no precedent.
All Of which Is respectfully submitted.
Boston, Feb. 0, 1895. EDWARD G. LORING.
Another Royal Pcrsonagc Discovered I'm this
Country.
The FYreide Journal published a story not unlike that
which bad such a run, about the Rev. Ezekiel williams,
who was said TO be the son OF Louis XVI. II is, In brief,