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

[165] them of their office, although they had committed no crime? .... No justice of the peace was allowed to be deprived of his office without a hearing, but here the judges of the highest court might be dismissed without an opportunity of saying a word in their defence.

Then comes Chief Justice Lemuel Shaw:--

“ The general principle was, that they should be independent of the other persons during good behavior. What is meant by good behavior? The faithful discharge of the duties of the office. If not faithful, they were liable to trial by impeachments. But cases might arise when it might be desirable to remove a judge from office for other causes. He may become incapable of performing the duties of the office without fault. He may lose his reason, or be otherwise incapacitated. It is the theory of our government, that no man shall receive the emoluments of office without performing the services, though he is incapacitated by the providence of God. It is necessary, therefore, that there should be provision for this case. But in cases when it applies, the reason will be so manifest as to command a general assent. It must be known so as to admit of no doubt, if a judge has lost his reason, or become incapable of performing his duties. As it does not imply misbehavior, if the reason cannot be made manifest so as to command the assent of a great majority of the Legislature, of two thirds at least, there can be no necessity for the removal. By the Constitution as it stands, the judges hold their offices at the will of the majority of the Legislature. He confessed with pride and pleasure that the power had not been abused. But it was capable of being abused. If so, it ought to be guarded against. That could be done by requiring the voice of two thirds of each branch of the Legislature.”

Then comes William Prescott, a name well known here and the world over. He was a man of English make, taciturn, of few words, no diffuse American talker. He spoke little, but each word was worth gold. His rare civil virtues, great ability, and eminently judicial mind added lustre to a name that was heard in the van of Bunker Hill fight.