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Middlesex County (Massachusetts, United States) (search for this): chapter 9
n. That committee consisted of Messrs. Story of Salem (Judge Story, of the Supreme Court of the United States), John Phillips of Boston (Judge of the Common Pleas Court of Massachusetts, and President of the Senate), Martin of Dorchester, Cummings of Salem (Judge of the Common Pleas), Levi Lincoln of Worcester (afterwards Judge of our Supreme Court and Governor of the Commonwealth), Andrews of Newburyport, Holmes of Rochester, Hills of Pittsfield, Austin of Charlestown (High Sheriff of Middlesex County), Leland of Roxbury (afterwards Judge of Probate for Norfolk County), Kent of West Springfield, Shaw of Boston (present Chief Justice of the Commonwealth), Marston of Barnstable, Austin of Boston (since Attorney-General of the Commonwealth), and Bartlett of Medford, --a committee highly respectable for the ability and position of its members. Permit me to read a section of their Report (p. 136):-- By the first article of the Constitution, any judge may be removed from his office b
Alexandria (Virginia, United States) (search for this): chapter 9
loves the judiciary, and wishes to secure its independence and its influence with the people, let him aid us to cut off the offending member. Thirdly. Gentlemen, where is your Judge next heard of? He is next heard of at midnight, on Saturday, the 27th of May, drawing up a bill of sale of Anthony Burns, which now exists in his own handwriting! Before the trial was begun, he sits down and writes a bill of sale:-- Know all men by these presents,--That I, Charles F. Suttle, of Alexandria, in Virginia, in consideration of twelve hundred dollars, to me paid, do hereby release and discharge, quit-claim and convey to Antony Byrnes, his liberty; and I hereby manumit and release him from all claims and services to me forever, hereby giving him his liberty to all intents and effects forever. In testimony whereof, I have hereto set my hand and seal, this twenty-seventh day of May, in the year of our Lord eighteen hundred and fifty-four. Gentlemen, suppose, while Dr. Webster sat i
South Carolina (South Carolina, United States) (search for this): chapter 9
you have men who consent to act as United States Slave Commissioners. You never can enact a United States Commissioner into respect. You may pile your statutes as high as Wachusett, they will suffice to disgrace the State, they cannot make a Slave Commissioner a respectable man. We have, it seems to us, a right to ask of Massachusetts this act,--it being clearly within her just authority,--as a necessary and righteous expression of the feeling of the State. The times are critical. South Carolina records her opinion of slavery in a thousand ways. She violates the United States Constitution to do it, expelling Mr. Hoar from her borders, and barring him out with fine and imprisonment. Young Wisconsin makes the first page of her State history glorious by throwing down her gauntlet against this slave-hunting Union, in defence of justice and humanity. Some of us had hoped that our beloved Commonwealth would have placed that crown of oak on her own brow. Her youngest daughter has e
Dorchester, Mass. (Massachusetts, United States) (search for this): chapter 9
use of the Constitution: The Governor, with consent of the Council, may remove them [judicial officers] upon the address of both houses of the Legislature. The Constitutional Convention, which met in 1820, appointed a committee to take this clause into consideration. That committee consisted of Messrs. Story of Salem (Judge Story, of the Supreme Court of the United States), John Phillips of Boston (Judge of the Common Pleas Court of Massachusetts, and President of the Senate), Martin of Dorchester, Cummings of Salem (Judge of the Common Pleas), Levi Lincoln of Worcester (afterwards Judge of our Supreme Court and Governor of the Commonwealth), Andrews of Newburyport, Holmes of Rochester, Hills of Pittsfield, Austin of Charlestown (High Sheriff of Middlesex County), Leland of Roxbury (afterwards Judge of Probate for Norfolk County), Kent of West Springfield, Shaw of Boston (present Chief Justice of the Commonwealth), Marston of Barnstable, Austin of Boston (since Attorney-General of t
Suffolk, Va. (Virginia, United States) (search for this): chapter 9
emonstrant's theory, it would be an abuse of power to impeach or address them off the bench! Suppose a judge by great private immorality incurs utter contempt,--is drunk every day in the week except Probate Court day,--shall he, because he is cunning enough to evade statutes, still hide himself under the ermine? Suppose a Judge of Probate should open his court on the days prescribed by the statute, and close it in half an hour, as your Judge Loring did when he shut up the Probate Court of Suffolk on Monday, the 29th of May, to hurry forward the kidnapping of Anthony Burns. Suppose some judge should thus keep his court open only five minutes each probate day the whole year through. He violates no statute, though he puts a stop to all business; yet, according to the arguments of the press and the remonstrant, it would be a gross abuse of power to impeach him, or address the Governor for his removal, since he has violated no law! Not such was the good old doctrine. In the Presco
Groton (Massachusetts, United States) (search for this): chapter 9
o serve, but by men acting as statesmen, in the coolest, most deliberate, and temperate mood,--men of various parties, Whig and - Democratic,and every one of them asserts, without a dissenting voice, that this provision is inserted for the purpose of giving the Legislature the power to remove a judge, when he has not violated any law of the Commonwealth. In addition to this, Gentlemen, I will read the remark of Chief Justice Shaw, when he was counsel for the House against Judge Prescott, of Groton, who was removed on impeachment, you will recollect, in 1821. On that occasion, Judge Shaw was counsel for the House of Representatives, and made some comments on this provision, which, as his opinion has a deserved weight in matters of constitutional law, it is well to read here. He says:-- 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
Massachusetts (Massachusetts, United States) (search for this): chapter 9
y as a whole, we are proud of the Bench of Massachusetts. You have given no higher title than that a Court of Impeachment, and removed. (Const. Mass., Chap. I. Sec. 2, Art. 8.) The petitioners gal, or that was prohibited by the laws of Massachusetts, and alleging that he has only acted in co, that in the Constitutional Convention of Massachusetts, in 1820, this clause of the Constitution to accept it. This absolute sovereignty of Massachusetts, which, ever since the Colonies, had been Where do we next meet this specimen of Massachusetts humanity and judicial decorum? It was ntution of the United States, which he says Massachusetts required him as Judge of Probate to take, uld or not matters not to you, Gentlemen. Massachusetts has a right to say what sort of men she wited States, and as such the supreme law of Massachusetts (7 Cush. Rep. 285); and in exposition of proper independence of the judiciary; that Massachusetts can fix the seal of her detestation on the[56 more...]
Maine (Maine, United States) (search for this): chapter 9
understood to be the Constitution of Massachusetts,--that you could remove a judge without giving any reason, at your pleasure, without hearing him. Now, what does he propose to do? Does he propose to strike out that provision? No, Sir! He does not even propose a two-thirds vote. In Pennsylvania, the judges may be removed, for any reasonable cause, on the address of two thirds of the two Houses. In some of the States, three fourths of each House is required. The new Constitution of Maine has a provision, with which I should be content; which is, that no judge shall be liable to be removed by the Legislature till the matter of his accusation has been made known to him, and he has had an opportunity of being heard in his defence. He says that the Constitution gives you the power to remove, and all he asks is, that, before doing it, you should allow the judge an opportunity to be heard. The fact is, Gentlemen, you have, according to Mr! Webster, the power to shut that d
United States (United States) (search for this): chapter 9
fugitives from service or labor under the United States act of 1850. I make these latter remaro magistrate of hers shall accept from the United States any authority, or take any part, directly the Constitution, and of those laws of the United States which are constitutionally made to carry tidently claim that, in my action under the United States Act of 1850, I exactly complied with the ohusetts, to be a constitutional law of the United States, passed by Congress in execution of the fo all persons bound to obey the laws of the United States to consider and regard them. And this autthe Constitution of the United States, the United States Act of 1850, and the laws of Massachusettsuch, if you have men who consent to act as United States Slave Commissioners. You never can enact a United States Commissioner into respect. You may pile your statutes as high as Wachusett, they w least. Make your choice! You wish to be United States Commissioner?be it; but no longer be offic[6 more...]
Norfolk County (Massachusetts, United States) (search for this): chapter 9
of the Supreme Court of the United States), John Phillips of Boston (Judge of the Common Pleas Court of Massachusetts, and President of the Senate), Martin of Dorchester, Cummings of Salem (Judge of the Common Pleas), Levi Lincoln of Worcester (afterwards Judge of our Supreme Court and Governor of the Commonwealth), Andrews of Newburyport, Holmes of Rochester, Hills of Pittsfield, Austin of Charlestown (High Sheriff of Middlesex County), Leland of Roxbury (afterwards Judge of Probate for Norfolk County), Kent of West Springfield, Shaw of Boston (present Chief Justice of the Commonwealth), Marston of Barnstable, Austin of Boston (since Attorney-General of the Commonwealth), and Bartlett of Medford, --a committee highly respectable for the ability and position of its members. Permit me to read a section of their Report (p. 136):-- By the first article of the Constitution, any judge may be removed from his office by the Governor, with the advice of the Council, upon the address of a
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