Argument of Wendell Phillips, Esq: Before the Committee on Federal Relations, (of the Massachusetts Legislature,) in Support of the Petitions for the Removal of Edward Greely Loring from the Office of Judge of Probate, February 20, 1855

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J.B. Yerrinton & Son, Printers, 1855 - 43 páginas
The removal of Loring was sought because of his decision returning Anthony Burns to slavery.

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Página 21 - An act respecting fugitives from justice, and persons escaping from the service of their masters...
Página 6 - All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this constitution: provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.
Página 12 - All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.
Página 7 - The senate shall be a court with full authority to hear and determine all impeachments mode by the house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices.
Página 27 - This constitution was not established to send back slaves to chains. The article requiring this act of the free states was forced on them by the circumstances of the times, and submitted to as a hard necessity. It did not enter into the essence of the instrument, whilst the security of freedom was its great, living, all-pervading idea. We see the tendency of slavery to warp the constitution to its purposes, in the law for restoring the flying bondman. Under this, not a few, having not only the same...
Página 13 - In order to prevent those, who are vested with authority, from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life ; and to fill up vacant places by certain and regular elections and appointments.
Página 21 - Any justice of the peace, sheriff, deputy sheriff, coroner, constable, or jailer, who shall offend against the provisions of this law, by in any way acting, directly or indirectly, under the power conferred by the third section of the act of Congress aforementioned, shall forfeit a sum not exceeding one thousand dollars for every such offence, to the use of the county where said offence is committed, or shall be subject to imprisonment not exceeding one year in. the county jail.
Página 15 - ... mischief, and yet evade the penalty of the law, — a judge may act in such a manner that an intelligent community may think their rights in danger, and yet commit no offence against any written or unwritten law. Men are more likely to act in such manner as to render themselves unworthy to be trusted, than so as to subject themselves to trial. The great argument for the amendment is, that it is necessary to secure the independence of the judiciary. He was in favor of the principle, but it had...
Página 17 - It is true that, by another course of proceeding, warranted by a different provision of the constitution, any officer may be removed by the executive, at the will and pleasure of a bare majority of the legislature. — a will which the executive in most cases would have little power and inclination to resist. The legislature, without either allegation or proof, has but to pronounce the sic volo, sic jubeo, and the officer is at once deprived of his place, and of all the rank, the powers, and emoluments...
Página 5 - They were still, however, removable by the king, on address from both Houses of Parliament. Hallam, in his Constitutional History, states very tersely the exact state of the English law, and it is precisely the law of this Commonwealth also, in these words : " No judge can be dismissed from office except in consequence of a conviction for some offence, OR the address of both Houses of Parliament, which is tantamount to an act of Legislature.

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