New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-20
FROM BOSTON.
From Our Own Correspondent

From Our Own Correspondent
Boston, March IL, 1860.
The judiciary of the State escapes any actuA
overhauhng at the hands of the present Legislature
The Justices of the Peace, even, being unmOlested
Two propositions were introduced for amending tb'
Constitution, but they both failed. The first wa
to elect the Judges Of the Probate and Iusolvenc
Court by The people, for terms to be fixed by law
and the second was to annul the article which au
tborizes the Governor and Council and eithe
branch of the Legislature, TO require the Suprem
| Court to give opinions on important question
| of law and on solemn occasions" As long ag
| as 1920 Joseph Story and Lemuel Shaw declared
| themselves against the continuance OF this power
and in 1853 nearly all the Judges and lawyers who
were in the Constitutional Convention took the same
ground. In the House, this year, the only man
who has held the office OF Judge, VIZ: MIR. Bishop
of LeDOx voted and spoke in favor of striking out
the article The debate, however, took on per-
sOna and political character. The Democrats saw
in it an attempt by the Aboitoniss to strike ut the
Governor because he had made a stand against
negro militia; the Governors peculiar friends not
unreasOnably took the same view, and the fogies,
young and ole, exercised their power of inertia with
surprising effect. | heard young lawyer speak OF
the proposition as Jacobinism." That should
live TO hear Lemue Shaw accused of being Jaco-
bin
The failure of the amendment to elect Judges Of
Probate by the people may be attributed partly to
the fact tba. it is now pretty easy matter to get
rid of the judges of our inferior Courts by leglsla
ton, which is speedier process than corsttutional
amendment When we want to get rid OF an I'M
popular bench of Judges, all we have to do is to
abolish the Court. Gov. Banks has appointed forty
Judges or more within the last three years. The
tenure is uncertain enough to suit the most nveter
ate hater of the Judiciary
The House voted on Tuesday, 102 to 81 to amend
the Militia laws by striking out the word /" white"
wherever it occurs, aud the next day passed the
bill to be eDgrOssed rs to 60. The bill will encOun
ter further opposition, and is quite likely to fail OF
reaching the Governor, who, / suppose, stands
ready to XII it, as he did of the last session. The
discussion which has taken place in the Legislature
and out of it, since the yetO will probably result in
the passage Of the law before great while, and /
think Congress might well employ some of its leisure
in the examination of the subject, with the purpose
OF eDacting law which shall be entitled to some
degree of respect. The law of 1892, which orr
Supreme Court tells us we must implicitly follow,
has been dead letter here ever since lS4O if not
longer and il receives no greater degree of respect
in other States. Mr. Pierce of Dorchester in a
speech this subject, which exhibited the results
OF much research and study, showed that twenty
States had in some particular dsregarded the law
to the description Of persons who are 10 be enrolled.
The law of Cor gIess prescribes that free abebOded
white male citizens between the ages of IL and 10
shall be enrolled. Some Ct the States omit the
qualification 'fre;" others the qualification " clti-
zens;" Others the qualification " able-bOdied;
others the qualification as to age Georgia admits
aliens by express enactment. Texas admits Tree
cOlOred men, saying nothing about color; Massa-
chusctts Vermont Connecticut, Iowa and Mary
lard omit the word "free" and South Carolina, by
the law Of 1894, admits aliens free negroes, Indians
and maidh0eS Missouri and Delaware have no
laws on the subject thus following out the doctrine
Of the Prgg case which was that State laws to
carry out the legislation of the United States, are
null and void But perhaps this doctrine will be
held not to embrace any subject except that Offug
tive slaves.
Mr.. Pierce also brought TO light quotation from
Rufus King, which contradicts point blank the
language of Judge Shaw in the opinion given on
this subject at The request of Gov. Banks. The
Chief Justice and his associates gravely inform the
public that "organizing the militia obviously in.
~.uues ,no power OF determining IN" ss@.i COM
" pose the body known as the militia" This dog
matte declaration is not only in defiance OF the
Webster and Worcester, but contrary
~ the express declaration of Mr. King, who, upon
being asked what the Committee meant by "organ-
g ize, arm, and discipline the militia" replied that
" by organizing, the Committee meant prOpOrtiOning
{" the officers and men; by arming specifying the
" kind, size, and caGber of arms; and by dsciplin-
- ing prescribing the manual exercise, evOlutiOns,
4" &c.h This definition by Mr.. King was given in
the Convention which framed the Constitution,
while this article was under consideration and is
perfectly conclusive as to its meaning. Yet the
entire opinion of the Supreme Court is based on
their ratuitOus assumption as to the meaning of
he word "Organize."
Nv statement OF Ex-Governor Boutwelrs position
m relation 10 the Presidential nomination at Chicago,
needs some modification. He will support Mr..
Seward until and unless he is satisfied that there il
not YeasonqJc chance of his election If nominated.
do not think Gov. Stewards friends can find fault
sith this position, acted on in good faith 1t smy
Impression that if Dir. S. fails TO receive the nomina-
ion. if will be because his friends withdraw him,
md not because his enemies drive him of. Our
u massachusetts, delegation, of which / wrote last
week is well selected in one respect. trepresents
he four parties out of which the Republican party
8 formed, Mr. Andrew being a Free-Soiler, Mr.
Kellogg Wing, Mr. Boutwell, Democrat, and
Mr. COmins an American. This selection is mainly
occidental the delegates, far as know, not hav-
Dg considered the subject of the previous political
relations OF the candidates; but it serves 10 show
10" Wen The party is consolidated in the State, and
u Mhat materials 1t il made up.
Inc political news from Ne w. Hampshire is not
'acnialed 10 encourage The Boston Coayier, which
'redIcted The other day that four Of the New-En-