hearings were held at which distinguished counsel represented both sides, and in the end the two Houses voted an address to the Governor and Council. Governor Gardner, however, sent a message back to the Legislature refusing to remove Judge Loring. This was in 1855. During the remainder of that year and during 1856 no further address was sent to the Governor. But in 1857, although an adverse report was made by the committee on federal relations with one dissenter on the petitions for the removal by address of Judge Loring,[1] this report was substituted in the Senate by a vote of twenty to fifteen and then the address with amendments was adopted by a vote of twenty-five to twelve.[2] The House, on the 20th of May, adopted the address by a vote of two hundred and ten to sixty-nine.[3] A joint committee was duly appointed to deliver the address. They reported back that its members had performed their duty. The Governor sent an answer, which was a very brief one as the House was about to adjourn, refusing to remove Judge Loring, but later sent an elaborate message giving full reasons for his refusal to comply with the address.[4]
In this second address to Governor Gardner reasons were given for asking for the removal of Judge Loring, as follows:
- Because he consented to sit as United States Slave Commissioner in defiance of the moral sentiment of Massachusetts as expressed in the Legislative Resolves of 1850.
- Because, now, in defiance of the provisions contained in section 13 of Chapter 489 of the Acts of 1855, Edward G. Loring continues to hold the office of judge of probate, under a Massachusetts commission, and at the same time to hold in defiance of law a commission under the United
