Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-04-22


be deprived Of an Office with which he was law
fully invested. Messrs. Lawrence of Groton,
Lincoln of Worcester, Willard Of FitchbuTg, and
Walker Of Templeton. spoke against the amend.
ment, and it was rejected.
Thus the principle was established. that in
compatibility may operate as wellupon the person
in possession, a upon the person appointed after
the passage of the act The Convention delber-
atelY refused to make an exception in favor Of
those Judges who held Office Thus the doctrine
OF vested right TO Office, was repudiated,-i
never, in fact, got foothold in the State.
In I7S4, law was passed, forbdding sheriff
from appearing as counsel IN court. The Latimer
act of lS4S, forbid magistrates to act under the
law OF 1888 That law has never been declared
unconstitutional
The decision of the Supreme Court in the Prigg
case is next cited, as unfolding the view that the
State may prohibit its officers from executing fu
gitlye slave acts. The reasoning on this point is
elaborate.
Legislative precedents in other States are next
cited. From all these the Committee conclude
that section IL of the Act of 1855 is eonsttu-
tional, and that by disregarding it Judge Lorlng
has given reason for loss of public confidence, land
furnished sufficient ground for removal by ad-
dress
Notice is here taken of a few points in Judge
Loring's protests. In 1866 the Judge expressed
great reverence for law, and declared that that
security viii be lost when magistrates shall shape
their official action BY their or the popular
feeling, instead of standing la'os." He laid it
down as principle, that magistrates do not
make the laws, and it is not for them to usurp or
infringe upon that high power" He affirmed
that at the time he was authorized to act slave
commissioner, ''he not notified that the gov
eminent of Massachusetts, or either the execu-
tive or legislative branch thereof, regarded it
incompatible"
From such language, the fair inference is, that
if Judge Loring had been notified that the two
offices aceye incompatible, he would have obeyed
the notification.
Although the State did consider him notified by
the spirit of liberty in her constitution, and by
her legislative acts and resolves, yet at the sug
geston Of the Judge himself, strengthened by the
additional suggestions of Gov Gardner, who de.
clared that "such course is open for the Legis-
lature to adopt" the Legislature did by solemn
enactment, declare the two offices incompatible.
Two years and month afterwards, j Judge Lor-
ing is found to have reversed his position, and to
have become defer of law, and to have set at
naught his own advice, and repudiated his own
principles.
To sustain this charge against the Judge,
lengthy extracts are given from his two protests,
and these are followed by comments. The mi
nority conclude by recommending the passage Of
the accompanying address;
ADDRESS to has Ercelle,scy Henry j. Gardner,
GorernOr of the Commonwealth Of MaSsachu-
sets:
The two branches of the Legislature in General
Court assembled, respectfully request that your
Excellency would be pleased, by and with the
advice of the Council, to remove Edward Greeley
Loring from the Office Of Judge of Probate for
the county of Suffolk-for any one, or for all the
following reasons, to wit:
First-Becanse he consented to sit as United
States Slave Commissioner in defiance Of the
moral sentme mt of Massachusetts, as expressed
in the Legislative resolutions of 1850.
Second-Beeause he prejudged the case Of
Anthony Burns, and drew the bill of sale of the
man before he had publicly decreed him to be
chatteI.
Third-Because, whilst holding the Office of
Judge OF Probate under the commission Of Mas
sachusetts, in defiance of the spirit of the Massa
chusetts law of 1S43, he made man slave on
the soil of Massachusetts,.
Fourth-Beeause, setting aside the usual prac-
tice Of Courts of Massachusetts, he suffered the
alleged slave to sit manaeled in open Court.
Fifth-Because he permitted the claimant of
Anthony Burns to change the ground of his
claim, when he had failed TO substantate his
claim on his FIRST position.
Sixth-Because, disregarding the ordinary and
| established rules of evidence he decided Antho
ny Burns to be slave, which decision, in the
/ words Of Mr. Dana, twas wrong on the law and
the facts before him." and when, in the words of
another gentleman of the highest legal attain
ments, "almost every step in the case appears to
| have been illegal and unconstitutional.
Seventh-Because, in consequence of having
done these things, he has lost the confidence of
the people Of this Commonwealth, as is shown
from the thousands and thousands who petition.
ed for his removal in 1862 439 of which petit
TONERS were from the County of Suffolk, whilst
only 024 individuals from the whole State re-
monstated against his removal.
And finally and more especially
cause, now, in defiance of the provisions contain
ed in Is of chap. 4S9 of the acts of 1855, Ed
ward Greeley Loring continues to hold the office
Judge of Probate, under a Massachusetts commits
sion, and at the same time to hold In defiance of
law, commission under the United States which
qualities him to issue warrants and grant certif.
Gates under the acts of Congress named in the
9th section of chap 489 of the acts of 1866.
The undersigned further recommend, that
Joint Special Committee, consisting of two on
the part of the Senate and five on the part Of the
House, be appointed to present said address to
His Excellency Henry ], Gardner