Worcester daily spy., 1858-11-01
For the Spy.
From Hon. Dwight Fcster, late Judge Of
PrObater


Mr.. Editor-A letter in the columns Of the
Spy, this morning, signed by Charles G..
Prentiss, introduces nv name into eontro-
versy in which have hitherto taken no ac-
tive part Perhaps it is unwise for me TO
make any reply.
l have always entertained for MI. Prontiss
feelings of personal kindness and respect; in
consequence of which, as soon as l learned
that his name was not to be withdrawn from
the list of candidates for the office of Register
of Probate and Insolvency, l SteadtRstly re-
fused to take part IN favor Of any one else. l
had nothing to do with the nomination of
Mr.. Piper, and up to the present time have
never written single word in his support
for the Office in question, although l have
freely declared l should vote for him as the
regularly and fairly nominated candidate of
the Republican party.
should have done the same for Charles g..
Prentiss or George NJ Prentiss, had either of
them received the nomination.
And now, l have too much respect for the
age and general respectability of Mr. Charles
q. Prentiss, and too much compassion for the
infrmities of his health, which seem to have
produced nfrmities OF temper also, to suffer
myself to be drawn into any controversy with
him, under any proyocation which nc may
attempt to give. Such personalities may be
becoming in him-they woud not be in me.
have said that l shall vote for Mr.. Piper,
and, under existing circumstances, he is GER
tainly entitled to the vote of all Republicans,
unless there are grave personal objections to
him, or personal claims of unusual strength in
favor of Mr.. George NJ. Prentiss. l am aware
of no objections that can be justly urged
against Mr.. Piper, and there are several con-
siderations of much weight in his support.
The term of office as Rgster of the lnsol-
vent Court, to which he was elected, has
been abridged BY the policy of his own polit
ical friends, and he is thus suddenly legslat-
ed out of an office, the duties of which he
has carefully learned, and performed accepta-
bly, to the public, and creditably to himself.
In his present office be has been connected
with the administration of the Insolvent
Law, under three successive judges, and dur.
ing period when the business of the Court
has been increased to an unprecedented de-
gree.
His powers have thus been subjected to
trial of unusual severity, and have not been
found wanting. And l cannot doubt, that,
when elected, he will prove himself equally
adequa to perform the duties of the new
office.
Nor do L perceive any peculiar personal
claims of Mr.. George M. Prentiss, which dis.
pose me TO depart in his favor from my custom
of voting for the candidates of the party to
which belong. If Mr.. George NJ Prentiss
had been the nominee of the Republican
Convention, should have cheerfully given
him my support.
Between him and Mr.. Piper recognize no
superior qualifications which could induce
me to sat aside regular nomination.
If Charles g. Prentiss, Esq, were a can
didate for the new office. l should be greatly
influenced by respect for his age, and his long
public service, as well his professio nal skill
and experience as learned and excellent
lawyer. But that venerable man has volun-
tarily withdrawn from the field. and he has
no prophets powers to transfer his mantle to
another.
1t is no disparagement to Mr.. g NJ. Prem
tiss to cay that Mr.. Piper is his equal in age,
intelligence, character, and general capacity;
and to predict that his administration Of the
office to which he is about to be elected will
amply justify the selection of the nominating
convention and ratification of their choice of
the people.
Moreover, as seem to be invited to express
my opinions on this whole subject, l do not
hesitate to say, that there has grown up in
the Probate office, practice OF taking fees for
services rendered, which in my opinion the
public good requires should cease.
By the laws Of this State, both the Judge
and Register of Probate are required, before
entering upon the duties of their offices, to
take and subscribe q solemn oath, ''that they
will not during their continuance in office,
directly or indirectly be interested in, or ben
Gifted by the fees or emoluments arising from
any suit or matter pending in the Probate
Court
cannot believe it to be consistent with the
policy of the law that subordinate clerk in
the Probate Office, who has constant access
to the records, should be allowed to derive a
considerable income from a practice, which
in the case of his superior officers, is guarded
against by suchIsolemn sanctions.
1t is not the least of my reasons for favor
ing the election of Mr.. Piper, that believe
no such system will be permitted to continue
under his administration.
Your obedieht servant,
DWIGHT FOSTER.