New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-22
LEDGE LoRING ONCE MORE.

ITDGE LOHhNe ONt6 'sO
A. the Legislature of Massachusetts, must no~
he near the close Of its session, we beg leave =,
call the particular attention OF that resPectsots
bodv to a matter in which TIE honor and dignity Of
the State of Massachusetts, seem to be IN some de-
gree involved. TIE proceedings taken last "'n'ef
in the case of Judge Lorins did not By any means
finally dispose of that matter. On the contrary,
thew deyoIyed responsibility and duty on the
present Legislature hardly to be shirked without
deep disgrace.
The ground taken by Governor Gardner 10
declining to comply with the address OF tns
two brancees of the Legislature, and 10 remove
Judge Loring from Office, was an objection.
not TO the substance, but merely to the form
Of the proceeding. Gov. Gardner did not deny
that the Fugitive act of 1850 though it might DO
constitutional, was nevertheless highly aonorrent
TO the feelings of the people of Massachusetts aud
that as they had under the decision OF the supreme
Court of the United States in the Priag case the ID
gal right to prohibit any of their officers from taxing
any active ministerial part in the execution OF thar
act. so there was a high degree of propriety in
extending this prohibition to Judges OF Probate
Still. the Governor insisted, on behalf Of Judge
Loring, that, as at the tine OF his action as slave
catching Commissioner in the case OF Anthony
Burns. there was no express law on the statute
b ok prohibiting Judges of Probate from earaing
from time to time, additional ten dollars oy ac1-
ing as the servants and agents of the Federal Gov
eminent in the arrest and extraditon Of persons
claimed a. fugityes from labor, it would hardly De
fair TO hold Judge Loring responsible to the con-
sciences Of the people of the State for doing act
which, however abhorrent to them, was unpro-
hbited BY any law, and had even been held by some
authorities of eminent gravity as sacrifice Of
preiudice on the altar Of nationality eminenty fit
and proper to be made
The Governor, therefore, though deeply i'm
pressed, as he declared, with the moral criminali-
IT, or at least moral insensbilty, of Judge Loring.
in dragging his State judicial robes in the miro OF
a slaye.catchipg Commissioners Court, passing
from the care of widows and orphans into the COM
panonship of thieves and robbers, and surrounding
himself with moral atmosphere, pestifesous
nuisance, of avarice and rascality, OF which the
natural effect must be to paralyze the conscience
and to stop the beatipgs Of the heart-the Govern
or, though deeply feeling all this, yet, as the Judge
had violated no law, and had received no warning,
conceived that it would be more consonant with
delicate sense Of public justice to provide against
similar imprOpriees for the future, than to remove
Judge Loring by proceeding which might be stig-
matted as sr post }aeto. Upon this hint of the
Governors the Legislature acted; and, as basis
of future proceedings, and to remove all the oojec-
tons suggested by the Governor they provided by
law that the Office Of Commissioner Of the United
States for the rendition of fugitves from service.
and that of Judge of Probate, should be incOm-
patable; and that for any Judge to continue to
held, after the passage of that act, the office OF
United States Commissioner. should of itself con-
stitute misbehavior in Office sufficient to afford
occasion for removal by address.
This act thus passed on the Governors sugges-
ton, was notice to Judge Loring to quit one or
the other Of bis two Offices
"Urder which king Benzonianl Speak, OF die :"
Judge LOriDg was called upon to choose between
the service of Massachusetts, as a Judge of Pro-
bate and that of the United States as Slaveeatch-
inc Commissioner, with the prospect added OF
such rewards and promotion as might be earned IN
that dirty service. Near twelvemonth has
now elapsed since the passage Of this act; but we
have never yet heard that Judge Loriog has re-
signed either one or the other of his two incom-
patible offices.
Under these circumstances it appears to US to
be duty which the Legislature now in session
owes to the Governor, to the Legislature OF last
year. to the petitioners Of that year for the removal
of Judge Loring, to the State Of Massachusetts,
and to themselves, to appoint Committee; and
we hope some member may be found with spirit
enough to move in the matter--to inquire whether
any judicial officer of Massachusetts, holds appoint
ments under acts Of Congress incompatible with
bis judicial functions, and if such should be the
case to recommend what steps, if any, should be
taken to punish this infraction of the laws.
The Unicf,s, the leading Roman Catholic journal
of Franco and indeed Of Europe, LAYS down, on