Wendell Phillips, Theodore C. Pease, Speeches, Lectures and Letters of Wendell Phillips: Volume 1

[193] after he had been indicted, but before he had been put on trial, the Chief Justice of the Commonwealth had said to Mr. Sohier, or any other of the counsel: “Sir, I do not think you will be justified in placing any obstacles in the way of this man's being hung, as he probably will!” What would be thought of the judge who should proceed to try a man for his life, after expressing such an opinion on the case to be brought before him? Yet such was the mood of mind of this Judge of Probate, that, without hearing argument or testimony,--only the disjointed story of a single witness, interrupted by the protests of Messrs. Dana and Ellis,--the mere disjecta membra of a trial,--nothing,--he had so far made up his mind, that he could warn me from attempting to do anything to save the man from the doom to which he was devoted, on the ground of the probability of his being given up! “A judge who proceeds on half evidence will not do quarter justice,” says an old English essayist. What proportion, then, of justice may we expect from a judge who decides on no evidence at all?

I ask (I was going to say) the judges of the Commonwealth of Massachusetts,--men of fair fame and judicial reputation,--whether a person of that temper of mind is fit to sit by their side? I ask any man who loves the honor of the Bench, who desires to see none but high-minded, conscientious, humane, just judges, whether the petitioners who ask for the removal of such an individual are attacking or supporting the honor of the Bench of Massachusetts,--its real strength and independence? It seems to me that we are cutting off a corrupt member, and securing for the rest the only source of strength, the confidence of the Commonwealth. The Bench is not weakened when we remove a bad judge, but when we retain him.

Gentlemen, it is not in the power of this Legislaturerespectfully