The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-04-11


ly filed both days. This forenoon while
Choato was speaking every conceivable space
was occupied--scats, galleries, areas, aisles,
all were occupied by u crowd Of listeners.
Painc's presentation Of the case, on Sat-
urday, occupied near Eve hours, and his ar
gument, deduced from the evidence, and the
legal question involved, was irresistably con-
vincing. Tho evidence shows that tho facts
of the case have boon most shamefully mis-
represented by the rccklessness Of o partiran
press, that Judge Davis did not, as was al-
lodged, ofhciously thrust his opinion forward,
but on the contrary was extremely DESTROYS
to avoid decision II Il could be with honor,
and that the allegations or statement Of
reasons for his removal from tho bench, had
no foundation except in the heated fancy Of
partizanship, and tho thirst for political ven
gcancc. A moro triumphant vindication Of
man could not have been made, than was
made by Mr.. Paine for Judge Davis. The
correctness Of the Judges opinion was en-.
forced, he examining the opinion rs legal
question and establishing its soundness by
close reasoning, reference to analogous cases
and legal comparisons. Even had the opin-
ION been incorrect Mr.. Paine denied the pow
er to remove Judge Davis without com
plete and total prostration Of the Judiciary.
If Judge Davis was guilty of the misdemcan-
ors alledged, removal by address was not
the proper remedy, but impeachment for
official misdemeanor in this form Of trial,
there were solemnities to be observed, and
privileges to be given, which tho law gave
to the accused to protect him from wrong.
He dissipatcd all the spcciousness and lawyer
like ingenuity which had been thrown
around tho case, demonstrating with perfect
cloarncs, the right and the duty Of Judge
Davis to make the decision, and IL he was
made o victim 1t would be for simple diff.
ference of opinion as to the construction Of
tho constitution, between him and the Leg
islature.
Mr.. Smith, who followed Mr.. Paine in q
speech of near three hours, confined himself
generally to points not elaborated by Mr..
p, and mainly with reference to the politi-
cal aspects Of the case, and the pernicious
influences which would follow q successful
blow at the independence of the judiciary.
IIia speech was one of great power, and tho
sharp blows which he dealt upon the orig
inators of this foul device to get rid n blame
less Judge could not but have been most
keenly felt by some of the criginators pres
cnt. At the close of his speech the conven.
ton separated
When l went to the House, this morn.
ing, few moments after eight, the CALLER.
les were already filed. Mr.. Choate, it being
understood was to make the closing argu-
ment in behalf Of Judge Davis, Tho con-
yention came together at nine o'clock A. NJ.
and Mr.. Choatc, with Judge Davis, Mr..
Paine, Smith; and ex-Gov. Kent, who has
occupied seat with the counsel during the
hearing, were soon in attendance, and Mr..
Choate commenced his remarks. 1t need
not DO said that his argument was one oil
great strength and brilliancy. His efforts
are always great ones, and this was no eT-
ccption. Graphing with tho question not
as local one, but as one in which the
whole people, of all the States, were inter
ested, he showed that the independence OF
the Judiciary was assailcd through the per-
son of Judge Davis, and that it was not him
who would be struck down, IL the deed was
consumated, but q branch Of tho govern
ment, which though coordinate, had always
been regarded as supreme and the fnal pro-
lection and protector Of oil civil rights
Showing the relations which existed between
the several departments of free governments,
he said this harmony of action would be dis
turbed IL Judges could be removed for differ
ing in opinion, on constitutional questions,
from Executive or Legislative authority
That the wisdom Of the men who framed
these constitutions, and there was q similar
ity of principle to DO found in the Constitu-
ton of oil the States, and in tho jurispru-
dcnce of the civilized world, distributed lthc
powers into distinct departments "to heend
that there should be Gas was said by Monies
quie, a government Of iaps not Of men. lie
analysed the power Of removal given in our
constitution by address, and contendcd that
Judge Davis had done nothing " worthy Of
stripes" on the contrary, in oil his action
had maintained with great ability, the in
dependence of the Judiciary, leaning as was
his duty to the side of the people. lie
maintained, that for the time being, subject
only to the exceptions mentioned in the con-
stitution in those capital cases where tho
trial must be before full bench, q judges
ting at Mn PriI was tho judiciary Of tho
the State, the third department Of the Gov
crnment. True his decision may be rcvers-
cd, but until they were, they were tho
voice of the Judiciary Of the State, supreme
and independent Of the coordinate branches
Judge Davis, II removed, would DO Tor q
simple difference Of opinion nobody had
doubted his honesty, his competency; and
this removal would take place even before
the question upon which this difference had
been raised, had been settled in tho duo
course by the full bench.
The argument that the broad seal must be
respected, was examined, and its fallacy ex-
posed with master hand. The judicial
power was not to prostntc itself before the
broad seal, but to determine, whether that
seal was placed on whatever document 1t
might appear, by virtue Of the constitution
and laws, by which alone It had validity
Al <f lila, IA v,af