Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-03-12
Mr., Pnrker's speech

We give the following sketch of the speech of
Mr. Dexter F. Parker, OF this city, in the House
of Representatives, at Boston, on Wednesday, in
favor of the removal of Judge Loring;
"He said if be had had his own way, he would
have reported IN favor OF the removal Of Judge
Loring, because he had sent Anthony Burns back
to slavery and more especially because he stood
as Judge Of Probate in utter defiance of a law
passed in 1856, every word OF which he liked, aud
believed TO Oe proper and Constitutional The
language of treason taught by Garrison and Phil
lips was po;hing to the notification and treason
oil South Carolina, but the gentleman, (Mr.
Cushing) would not find fault with such null
li6 asol. The minority had said Judge Loring
kind and gentle man-afable and polite
but he would ask, could any man that would
send Anthony Burns back to perpetual slavery,
be called kind and gentle man The people of
the rural districts demand the removal Of this OBJ
noxious man. and he would have been removed
long ere this. il we had had men of independence
in the executive chair. He called upon his fel.
low members to vote for the removal.
Mr. Parker's defended the petitioners, who he
thought had been unjustly denounced by the gen.
teman from Newburyport, for they had only ex-
ercised one Of the great privileges guaranteed by
England's Bill of Rights in 1858, viz: the right
of petition-a right which Patrick Henry said
belonged TO Vrginia's slaves, and which was
honOred in our day BY being defended by such jur-
lists as Story and Kent. An attempt had been
made, also, to throw'o cd ium upon the measure by
haunting its supporters with being the whipped
spanels of the Anti Slavery Society because they
boosted they would yet write the epitaph of Suf.
folk Judge Of Probate, and that they controlled
the Legislature of Massachusetts. He asked
leave to inform the Honse that these boasts of
the mighty power of the anti slavery party were
D first made in 1856, by the Charleston MercuYy
the organ of the South Carolina Democracy, who
proclaimed its power and victories in language
more eloquent than ever fell from the lips OF a Re-
mond Phillips.
He next examined the power Of the Legislature
to remove the Judge by address, without assign
ing any cause whatever, citing in support of that
position the opinions Of Judge Story, Hubbard,
Prescott, Child, Webster, and Gov. Lincoln, as
found in the debates Of 1920. the sound policy of
which power was advocated by Dr. Paley. He
next referred to the injurious policy of mans
holding two incompatible offices, whose duties
might and at times would interfere with each 9th
er, citing, IN support of that position, fuckers
Black laws and Lord Bacon.
The next point was the right of any Legsla-
ture to take from add to the duties of an officer
appoia ei for life. This has been decided and
practlced upon from the earliest period of our ma.
tons history, as seen by jays letter to Wash.
ington in 1870, Judge Iredell, and Sitgreaves let
Ter 10 the same in 1892 so also l Cranch, III
and in more recent times in the case of Warner
VS.. People, I'd DEMO, Chancellor Walworth sus.
tanning the doctrine in full.
Having ascertained the right of the Legislature
to remove Judge Loring, the incompatbility OF
the two Offices of United States Commissioner
and Judge ofProbate, and the power of the Leg
islature to demand of Judge LOring the resigna-
ton of the Office Of Commissioner, or of Probate
Judge, he argued that the public demanded his
removal
lst, Because he was an open violator of the
laws OF the State, expressed In section 18th Of
the Personal Liberty hill Of 1866.
I'd, Because he voluntarily officiated as United
States Commissioner when Anthony Burns was
sent back into slavery and while sitting as Judge
in that case he kept the defendant manaeled like
criminal, thus reversing the old maxim of the
law, that every man is presumed to be innocent
until he is proved guilty and that every pre-
sumption should be in favor of liberty.
3D., Because he claims the right as Judge of
Probate to decide upon the consttutionality or
unconstitutionality OF the laws of Massachusetts,
thus arrogating to himself potoer that belongs
only to the SUPREME COURT.
4th. And with him the most important reas on
efall, because Edward Greeley Loring continues
TO set at defiance the will of the people of the
State, who through their representatives have
most respectfully expressed their opinion, that
the ends of justice, humanity, and the public good
would be best subserved by his removal from the
office Of Judge Of Probate, and yet he persistent,
ly aud de6antly declares that he will not abandon
or resign either office that he now holds"