Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-04-02
We clip the following just and interesting summary
from tina Albany Atlas and Argus:

from the Albany Atlas and Argus:
REMOVAL OF JUDGE LORlNG.
Edward g. Loring has held the office Of Judge Of
Probate for Suffolk county Massachusetts since l8i7.
When be WIS appointed to it, he held the poet OF U.
i. Commissioner. III 1854, Anthony Burns, fugitive,
was brought before him upon claim for service, and
upon hearing the proofs the Com missioner remanded
him. In the custody of the Marshal to the State from
which he fed.
Immense was the Indignation. vrulent the invec-
tive of the Aboltionsts. They threatened armed re.
sistaDce aud nsurrecton and protested, in ali the
forms of borrowed rhetoric against The execution OF
the decree. These threats evsporated, however in
tbs shape of noisy defamation and the fugitive negro
WAS marched through the streets Of Boston, under
military escort, which encountered no resistance.
The judicial decision was not appealed from or
contested 10 the ordinary forms Of law. Indeed the
fact was ncontestsbls, that the negro was fugitive
slave; and the Judge merely pronounced the d,rtum
of the Constitution Of the United States, which ssye
that suoh person, owing service "shsll be delivered
up, on claim Of the party to whom such service or
labor shall be- DUE"
A systen of hostilities was. however, commenced
against the Judge. He was ouited from Professor.
ship at Harvard, 10 which he had been called; and
the Legislature was induced 10 MAKE an address to
the Governor for hls removal-a mode which the
Constitution has devised for the removal Of Judges
without the prooesa Of a trial Gov. Gardner, whose
concurrence was necessary, refused; and then the
two houses undertook to legisae him out OF office.
They enacted that no State Judge should hold the
same act in spirit of extreme anaticiam and folly
decided that any person who shall "act as counsel
attorney for any claimant of any alleged fugitive
fron service or labor sha be deemed to have resign
ed any commission from the Commonwealth that he
may possess and he shall therefore be incapacitated
from Appearing counsel or attorney in the Courts OF
the Common wealth !" and in another section, "that
any member Of the volunteer militia who shall act IN
any manner, in the seizure, detention or rendition OF
any person for the reason that he s claimed a. fug
lah0r shall hn Dunehad bv fine
of not less than one thousand and not exceeding two
thousand dollars, and by imprisonment in The StdN
Prison for not less than one, nor more than two
years"
The whole act was tissue of Inconsistencies; was
in the main unconstitutional and svowedly wac In
tended to nullfy tho Constitution Of the United States
and defy the authority Of the Federal Congress and
Courte.
Judge Loring refused to resign the Commissioner
ship holding the act to be- in this respect ALEC uncon
etitutionsl The Legislature this year. under the in
etgstion of the Abotionnss has renewed the attack
and again addressed the Governor for his removal
Governor Banks has relucted At the necessity; and
atrovs to defeat the measure Hspary strovs
to cave him from the dilemma. The n. Y. Evening
Post after speaking Of the doubtful constitutionaty
| Of the provision, says:
$50, too, the policy of the removal may be a mat
dpM me tsts that 'hf sasSfqb9 By hfs IL e sGt
mics of the Republican party. That party was will.
ing I've have the authority Of The Boston Daily Al.
VTEeV ioF tuc doeeTtlOUl ~ cllHe
In the message in which be ssents to the removal.
Gov. b. rests upon the constilutonalty Of the ssc.
tons o! the law which make tbs holding Of United
States Commission incompatible with the tenure of
the Judicial Office in the State This 10 question,
however, which the Courts might have been called
on TO decide and the svasive aad reluctant of
the Governor gains no justification by the doubtful
plea.
Looking upon the transaction as whole, regard.
ing it as the punishment Of Judge for the utter.
ancs of an opinion, which no judicial authority in
The Union has gainssid-s Judge acting in obedi
to bis oath, and disoharginG simple function of
Office under the imperative mandate OF the Consti.
tuition one 10 struck with wondernen at the psrver
sity of public sentiment which justiis. such wrong
in The name Of liberty and freedom.
The man Burns goes back to slavery; ard the
mounting demsgogues who utter threats of resis
tsRce dare not carry them out But they pass pens
laws against Attorney and Counsellors who shall
plead on the side of Federal authority: they de
nounce with Infamous penalties the citizen soldery
If the State who offer to protect The Courts against
mob violence; they drive 70 independent Judge from
he bench They do not smancipste the negro but
hey ensave a high civil magistrate They do not
devate the black fugitive, but they degrade their
wn white citizens. After weeping over the putting
d chains about the Court House they proceed to
nanacle Justice Itself. They make II prisoner OF
lie mob, and drag it through the streets.