Eastern times., 1856-04-17
The Unfortunate Judge.

The address for the removal Of Judge Davis
was signed by the Governor on Friday last.
1t is clear and able document. We make the
following extracts from il
IF any doubt had existed in my own mind las
10 whether the appointing power had been
taken away, the opinion of the Supreme Ju-
dicial Court would have been taken and adopt
ed. But such course would not be advisable,
simply because the incumbents of the offices
proiessed TO have doubts. They were at liber-
ty TO test their rights in such manner as the
laws had provided, with the newly appointed
officers, who Also had right 10 be heard upon
the subject. Judge Davis was appointed in
October last, and in January he prepared
written opinion upon the subject of the amend
men,s TO the Constitution, and read it in Court
a, that time.
But an opinion by single Judge against the
power of appointment, even in a case properly
pending before him, would not justify resist
ance to the appointment. To produce
such result, there must be an adjudication OF
tribunal empowered TO render final judgment,
as in ordinary cases between parties, who
bring their suits before it. One Judge does
not constitute the judicial department. The
opinion of Judge Davis was not given in a
case pending in Court. II had no more author
| ity in the contemplation OF the law, than if il,
had been read by him in the street. No ex-
ception could be taken 10 il, SO as TO bring the
matter before the full court. The law does
not provide for exceptions in such proceed
! ing.
Hence it was Clearly his duty for the time
being TO receive the new sheriff, until his opn-
ion in a case properly entered on the docket of
the court, in concurrence with the other men,
bers of it, could have eventuated in a final
judgment. Upon any other principle Of action
the government would be thrown into complete
confusion, the people would he acting in oppo-
siiion TO each other. and so also the officers.
1 The sheriff would have as much right to chal-
lenge the validity and Authenticity OF the
Judges commission, as that OF the sheriff
they both derive their commission from the
same source.
Believing that there is a strong necessity for
the act. that the peace and security OF the cit
zens Of the State, and due regard 10 the ex-
eculion of the laws demand it, in pursuance OF
the address Of both branches of the Legisla-
tnre, and with the advice Of the Council
do hereby remove Woodbury. Davis. and
he is accordingly removed, from the Office OF
Justice OF the Supreme Judicial Court OF the
State Of Maine.
And thus ihi. rebelious individual is dis
posed Of. We have been inclined to regard
him with spirit of pity rather than of Gen.
sure. He was doubtless selected by designing
politicians 10 effect political ends, or, as they
had hoped, TO embarrass the State government
He was foolish or weak enough to allow
himself TO be used by these hucksters, and has
suffered the penalty, which perhaps ought to
have fallen on other heads. He was probably
selected as being the most inefficient and the
the easiest moulded 10 their wants. His de-
fence of the wanton course he pursued was
futile and groundless. Poor fellow. his career
was short: may the lesson Of his folly be OF
profit to him.
The howls which come up from his professet
friends and the black republicans generally
are of the hyena pitch. They swear all sorts
of vengeance upon the powers that be. and in
their fury and temporary madness, forget the
course of their kindred across the line, in New
Hampshire, where they removed all the judges
in the State, also the sheriffs, to make room
for hungry mendcaDts of the eark lantern or.
der.