The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-17
WEDNESDAY, FEBRUARY II, 1875.
AN ACT OF JUSTICE.

AN ACT OF JUSTICE.
As has been announced, by telegraph,
Congress has passed bill allowing Judge
Smalley to retire from the office of judge
of the United States courts for the district
of Vermont, with full salary for life, and
it now only awaits the signature of the
President to become law. By a general
law, all United States Judges are permitted
to resign after they reach the age of sew
enty years, their full salary continuing to
be paid during life-an adaptation of the
British system of retiring meritorious off
GERS on life pension, with the improve
ment that there the retirement is arbitrary,
while here it is voluntary act of the judge
himself. The.necessity of a special law in
Judge Smalley's case arc from the fact,
that he is disabled by permanent illness, as
it is feared, from the further discharge of
judicial duties, While he yet wants four
years of the age at which the salary, under
the general law, would attach upon resig-
nation. While we most deeply regret the
necessity which seems to imperatively cali
tor his resignation, yet we can but consider
that such necessity exists, and that the
passage of the act referred to Is but a sim
pie act of justice both to Judge Smalley
and the people of Vermont. Upon his first
appointment, his accession to the bench
was looked upon with somewhat of dis
trust, but, in his long and eventful judicial
life, he has agreeably surprised his friends
and COMPOUNDED his enemies, If he had any.
Known principally as a leading politician,
and as taking an active part in state and
national politics, the chairman OF the ma
tional democratic committee, when he be-
came judge he did TIT which 1t is believ-
ed so difficult OF accomplishment, he sunk
the partisan in the patriot, the olitician in
the impartial judse. With his polite cal
training and afli cations, many feared that
he would prove derelict 20 the highest du-
ties of a judge and patriot, when he came
to deal, as a judge. with political questions.
How he disappoi. cl these fears, perhaps
hopes with some, Li' administration of JUS
tice during tie stormy days Ct the rebel
lion, both in Vermont and elsewhere sulii-
GENTLY attest-for are they not known and
read of all men lie brought 10 the dis
charge of his duties mind well trained in
the principles of law, n habit of patient in
vestigation, and Il readiness in Selling upon
and holding in his grasp the salient
facts concerning the matter in litigation,
and by industry and application made a
model judge in a word, he was a pains
taking, upright, learned juiist. As such
we regret to part with him. AS such. and
with his impaired health, he is entitled 10
retire on full salary. Having after a long
and useful career as judge become, with
out fault of his own, incapactated for fur
ther service, it is but simple act of JUS
tce that he be allowed to resign now, with
the same effect as if four more yeGrs had
elapsed before he was afflicted with incur
able disease His illness interfered with
the due administration Of justice ii Yer
mont. Our courts were compelled 20 be
closed, or only held at uncertain pc iods.
We could only rely upon the aid OF judges
from other districts. We were entitled 10
the same privileges as were enjoyed by
other states. Relief was imperatively de
manded, and as it could be only afforded in
this way, the passage of the act was an ac'
of justice to Vermont. 1t only iemain:
for new judge to be appointed-we trus
that the Office may be as well filed in thu
future as it has been in times past. 1t il
rare to find in the judicial history of an,
state galaxy of names, comforting create
lustrc on the due and correct administra
ton of justice, than those of the United
States judges for the district of Vermont
We have had no occasion TO blush fo
Nathaniel Chapman, Samuel Hitchcock
Elijah Paine, Samuel Prentiss Or David A
Smaley-we trust we may not for thei
next successor