Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1856-04-18
rrom lhe Pouland, Daily Adyrrti.er
Mr.. Choate's Defense.


Starting with the proposition that the
question involved, In the hearing, was no
local one. confncd'to Maine alone, although
the issue was to be tried here, the forum
was here, the Judge was here, he declared,
that the doctrine Of an independent Judici'
ary which was in controversy was rs old as
written constitutions, and had an appliea-
ton as wide A. the boundaries Of our State
roycrnmcnts-that the safety and liberty
ofnll depended upon the ,aintainancc Of
this idea in IT, widest sense. H. dwrlt
most deliberately upon that idea, illustrat.
ing hi. position by facts drawn from Eng.
li.h history. and the history Of the lorna
ton Of our State governments.
Passing from ,hi. he discussed the pur.
poses and objects which the people Of Maine
mus, have had in putting into tho constitu-
ton the power OF removal Of judges by adj
dress or impeachment, and Cor what pur.
poses and how the power should b. cHer-
cisrd No difference Of opinion between
the Legislature and the Judiciary up n the
construction Of Statute. or upon cors,itu.
tional law. would authorize removal hy al:
dress. This would h. II allowed, hut To
vanqui,h one great department Of tho gov
crument, and in interpreting the provisions
Of the Constitution which grants this power
Of removal by address or Impeachment, 1t
must b. construed in connection with the
other parts Of tho instrument aud the sym-
mstry and harmony Of the whole be pre-
served.
In examining the statement Of reasons Tor
the rcmlnal Of Judge Davis there was moth.
ins alleged which furnished ground for re-
m,yal ~ address; that If the removal wa.
nnic &, would b. fora conflict OF opinion
with th, Legislature, end that too before
the correctness OF hi' opinion had been pass
cd on by the full bench.
In rcsnrl 10 the allegation, that tier,
was no judicial issue when the opinion was
given. be- said there was such au issue as
rendered il necessary for him {, decide. lIc
WIS 900, Obliged TO wait until ih, two claim.
ant, Tor the >hsuIcy should have their FIN
srr, iu clch Others thrla,, before he inter.
fcrrI 10 prc,rr', the dignity and aocorum
of his court IL would have been c,wrlly
In him IN have refused toact, 70 decide, and
in deciding he discharged duty he could
not avoid
ono Of hi, point. was that q Juicr. .it-
ting at Nu Pun, was 1r the time beng,
tsiih q tow excepted c,e,, aud these cS.
pressed as IN capital cases. the Judiciary
Of the state, subject only to have his doci.
..pus reversed. Judge Dayls-,ittins At
Ms Prls, with the limitations expressed,
wa, exercising power which belongs! All
20 him, aud which no lawyer would quo'-
ton. nj, decisions might b. oycrrul,l, but
ior the time lelng ho was invested with the
entire Judicial authority or The state.
In the distribution of the powers % The
Government, rt was wisely pro,iirl that thc
three brlnchr, Of government should be-
distributed mt, distinct department, " 90
the ruI that the government may De- ono OF
laws. NOT of men, " and ihc necessity uf each
bring independent and supreme, =, hs as
regard, ,hc other, Wa. urgel with srra, die
l.nriuos. and lurgc.
Speaking Of the opinion given by Jadc'
Davi, De- argued il was CORRECT, and gave
hi. reason, therefor, aud that 1t judge "a.
ST, had any doubts upon TIE question, even
then 81 WIS 10. duty To have dc,.lci 30 as
90 continue tho Office In him who had 200.
session upon the clear maxim of law, that
d. possession d. ii:lc until the contrary is
proved"
W. have cul.ayoryi to give You some N
,hc leading ideas OF his Argument. Many
passages Of hi, .pcych were brilliant Is wail
o. convincing. Ilc complimcutci Judsr
pa,i, as one who bad in thc time be- hal
h,ru IN the bench, "gutran the czp'cta-
lions OF his friend, and relieved tic cNp'eta-
ton, Of those who ha! li,larls'd him