Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-03-23

Gov. Banks, elected by the people OF Mas
8 .ohusetts as . Governor of a State WITHIN
the American Union, has obeyed tie BE-
hests of its Legislature. and removed Judge
Loriug. lie is, therefore, included In the de-
hesitation felt for the whole proceedings, In
all parts Of the country, by conservative men
of ell parties. So monstrous Is the injustice
perpe.rated, that even some Of the Rspubll-
oan or Free Soil journals of the North, do
not hesitate to condemn and denounce it
Among them are the New York Courier, the
Providence Journal, and the b ,ston Traveller.
They are willing to 20 far, but they cannot
stand such iniquity and fanaticism as this
Mass achusetts should, if possible, wipe OF
this stain upon her escutcbeon-and TO d. this,
let the honest Wings, Americans, and Demo
orsts unite in one co.'s ,lida,ed opposition to
the dominant party in that state. 10 vlndi-
cate the law, to uphold the independence II
the judiciary, to right q grleVous wrong to
"a buke aad crush Disunionism, are surely
m olives strong enough to secure concert OF
. ction, and an attempt to support Consftl"'
tional liberty. II the attempt should not sue
oeed, the effort would be, in itself, worthy OF
high minded, honorable meo. As long as
this outrage upon Judge Loring, and through
him, upon the rights and feelings of other
states, goes unatoped for and unredressed,
Massachusetts must bear the opprobrium OF
an act of unmitigated b~aseness and mean
ness.
Tho miserable excuse. or subterfuge Tor
the removal of Judge Loring, Is, that by a
provision of law, no judge of the State can
be q United States Commissioner-e provi'
sion contained in the Infamous Persona! Lib
erty act-an act unconstitutional, and so ad'
mitted to be, aud designed to nnldily an Ac'
of Coneress-an net designed to iomentt re'
son-and a disgrace to Massachusetts,. With
regard to the powers and duties of a United
States Commissioner we copy the followl'
from the Union
ut is Known that as early as l794 Con
press authorized the district courts OF thu
United States to appoint commissioners to'
certain judicial purposes. In 1872, the cir
cult courts had the like power conferred up
on them. In 1917, l842, and 1916 the do
ties of these commissioners we're enlarged
and in 1910 they were authorized to perform
certain duties under the fugitive.slave law IL
relation to the arrest. examination, ana re
turn of runaway slaves. Judge Loring wac
one of these commissioners appointed by the
circuit court for the district OF Massachusetts
for the convenience Of the public, to perform
the ordinary duties of such commissioner
in relation to admiralty, and other judi
cial proceedings. While such commissioner
he wal called upon to act. as such, 10 the case
of . fugitive, and he did So in a manner, as Is
conceded, in strict conformity with the Ia"
of Congress-. with fairness and importantly
The committee who reported the resolution
for his removal, did not question the ,a,i
ness or legality of his acts; but the SOoi'
~tiopists assailed the constitutionality OF th'
act of Congress, although the supreme c"ur
of the State held it valid; and every judge
Of the supreme Court of the United ota'es
including Judges Mclean and Curtis, enter
tanned the same opinion. Hence, II appear
that Judge Loring's only offence was tna
he, as commissioner, executed a cons'i.u
tional law of Congress. 1T was not preten'e q
by the committee, nor any one else tnat o.
had done 30 in an unreasonable, harsn' o
improper manner, or that be had m'sconstrne'
the facts or,misinterpreted the law. Ills Sol
offence consisted in performing. in a reason
ble and proper manner his official duty d
a fun~ctionary of the circuit court.