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Wendell Phillips, Theodore C. Pease, Speeches, Lectures and Letters of Wendell Phillips: Volume 1, chapter 9 (search)
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
Wendell Phillips, Theodore C. Pease, Speeches, Lectures and Letters of Wendell Phillips: Volume 1, chapter 25 (search)
the eastern counties. All of them run locomotives where they wish to. Suppose that, on the Fitchburg Railroad, one locomotive, for a year, never got farther than Groton,--what do you think the Directors of that road would do? Would they take up the rails beyond Groton, or would they turn out the engineer? There is a law of theGroton, or would they turn out the engineer? There is a law of the Commonwealth of Massachusetts, thoroughly executed in every county but ours; and here the men appointed to execute it not only do not want to, but you cannot expect them to. They were elected not to execute it, and they say they can't execute it. Shall we take up the rails, or change the engineer?which? Men say, to take the ap and labor, in that statute. It never has had one trial yet on this peninsula. May we not ask simply one trial? The locomotive has never attempted to go beyond Groton. Why take up the rails yet? If Berkshire should say, We can't execute your law against polygamy, what should we do? Why, appoint fresh sheriffs, not repeal the