New-York daily tribune., 1858-04-23
FROM BOSTON.

The ys,ap-., on lie BeLeh oi tie eupenor
CsuI. Of this city have at Ias: ben hied' 'he Ei
ecutve Council having confirmed The second ha-A'-
nation Of Marcus Mcr.er, jr, AID be h1d J'ase
Allen having been qualified OF Saturday last. l.
| s understood .ha; hey VIII bold tbe hsy Ie,ns OF
the Court. Judging from sone reeehs dfpiays oy
Judge Nash, should ;tink that snew CONSERVATIVE
force mish: be highly usefI to preserse peace
tween lin aai Judge Huntington. So:h '1ese
astnamed Gentlemen were members OF the famous
LEGISLATURE of 1850. Huntington, though no. De,
longing 70 the Know-Nothing party, Was apPoln.eu
Chairman OF the Judiciary Committee, ana 'h 'h"s
capacity reported those two laws when nave oten
the subject of so much controversy ever since w:
The jury law and the Revised and Amended Liquor
law Nash MSS recea,ly been trying series OF
liquor cases under that part OF the Liquor "a" oi
lcj5 which declares dram shops nulsanees, and eui
powers the authorities 10 put them down As sucD;
In the course of one of these trials he Expressed
the opinion that the law must have been drawn up
by some man in fit Of ii temper, and been adopted
by the Legislature without any examination or con
sderation. This was slap number one az hIs
colleague. He proceeded 10 say that a. the
Legislature had passed the law the Jury had no
right TO inquire into ts wisdom or validity. Ihe
Jury law, he said had been declared 1neonstitu-
tiona by the Supreme Court, or at least VOID; un-
constitutional if il amounted 10 anything Here
was slap number two. Huntington has always ad-
hered with great pertinacty 10 the Jury law, even
since the Supreme Court tried TO break the force o
il by legal decision which has not yet seen the
light. And. by the way, he will BE- strongly re-
enforced on this point by Messrs. Allen and Morton.
In the Constitutional Convention Of 1888 both these
gentlemen voted 70 make il Constitutional pro-
vision that the Jurors should be judges OF the law,
and Judge Allen made strong speech 90 that side
of the question. j nearly forgot TO say That the
persons on trial before Nash were convicted.
Passing from the lawyers 10 the doctors, let ne
remark that the Governors appointment Of DIR.
Lemuel NJ. Barker 10 be- Resident Physician at
Ransford Island and bis removal of DR.. LOtnrOp 10
make way for him. makes more talk than any other
one of bis official acts n that same llne III appears
from The Boston Courier OF yesterday that, as soon
r the doctors got wind of the proposed change,
they rallied in full force, and signed remembrance,
in which they said To his Excellency that DIR. Lo-
throp had received thorough education n his pro
fession while pursuing bis studies IN the Medical
DepaItm Of Harvard College; that he was ap-
pointed by Gov Clifford on the ground OF bis
- prea; professional and official competency; that
"a reasonable permanence in office ls one oi the
chief considerations which would induce pro-
fessionaIly well qualified person To accept post
4" of this nature" and that Poltica, differences
have not hitherto controlled such appointments IA
this. The doctors concluded their remonstrance by
something in the nature OF threat, or reminder
of the political consequences likely To ensue for they
say they trust the party now IN power VIII not
" feel il necessary 10 set an example OF change
" in this respect This paper, which IS signed by
fifty of the leading physicians OF the CITY, WAS
not effectua to prevent the change and probably
would not have been if il had been laid before the
Governor Ill due season, as il vas not Perhaps
YOU will ask 10 know the secret of this unw0nted
excitement among the doctors. 1t is no. revealed
in their remonstrance: but Tn, COurier ets il out.
II rays, 1--WE do not find the name Of the new ap
"pontee in the list of the Medical Society in the
DIRECTORY" That is 10 say, DR.. Barker IL not
"regular" physician, but has cast in bis lot among
the HOmeOpathists. This fact tells the whole story.
If DIR. LOthrop had been removed to make way tor
another regular" nothing would have been heard
of this mountaineering, not even Il the 0ther
regular had been unfit for the p!aceas Barker
himself who ! am sorry TO say is most unit per-
son, and could only have been appointed as a means
of getting rid of him. The Governor doubtless
thought that the further off be put him into the
Atlantic Ocean, the more peace and quietness he
shoud enjoy during his official life Only on this
ground can he be justified in making the appoint
ment The Doctor il the Napoleon OF Bores and
Office Beggars, and as be could not legally uor
properly be put to death, what more humane course
could be adopted than to make st. Helena for hm
at Rainsford Island II is announced that the AS
sistant physicians refuse to serve under the new
doctor, and have resigned their places. This is
carrying medical partisanship further than is JUST.
fable, but ii is not probable that DR.. Barker viii
have any difficulty in filing the vacancies. No per
manent i'll consequences to be feared from this
rebellion. If the Governor can be- made TO stick to
his purpose-and he does not lack frmness-l will
warrant that Barker hold on the Office viii not
give way.
-"Tbe uiongre!s b I'D may sip,
But only crowbs ss ioose the b4i.dos's enp"
Fast Day. or the Government Sunday, was not
made remarkable by any great sermons The Kew.
DIR. Huntington preached Oh the reyyals, making
quasi reply 10 Theodore Parker's attack upon the
movement. The Rev DR.. H., perhaps, considers
himself personally ,atirized in Parkers remarks