The
Constitution provided that the judges, who held office during good
behavior, should be removable by the Governor on an address from the
Legislature. This was considered to meet cases of incompetency or of
personal misconduct, which could not be reached by impeachment. Mr. Webster
desired to amend the clause so as to require a two thirds vote for the
passage of the address, and that reasons should be assigned, and a hearing
assured to the judge who was the subject of the proceedings. These changes
were all directed to the further protection of the bench, and it was in
this connection that Mr. Webster made a most admirable and effective speech
on the well-worn but noble theme of judicial independence. He failed to
carry conviction, however, and his amendments were all lost. The perils
which he anticipated have never arisen, and the good sense of the people of
Massachusetts has prevented the slightest abuse of what Mr. Webster rightly
esteemed a dangerous power.
Mr. Webster's continual and active exertion throughout the session of this
convention brought him great applause and admiration, and showed his powers
in a new light.
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