Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1805-01-21
FU2 THE PORTLAND GAZETTE.
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form of two bills communicated 10 his Excel
lency The Governor, ami by HIM &c the l.egla-
ture, has been before the pubic, it viii not b.
unih,eis nor improper 70 fate thofc objections
70 which the fyitem. appears to * Iiabte 1T is
tubject which admits a dyerGsy of opinion,
and ought TO b. open TO sbat freedom of d:fcl(-
hon WHICH its importance demands.
Oar liFcs, liberties, aud pcopcrr7, are, in a
meafure, III the hands Of the Judges OF
the Su RENE judicial Court and i is
eaTneitly 10 b hoped, thar lalafy viii be ar
nexed 10 the Office fuf1cient to command the
iervces Of gentlemen Of the hrit tiienss and re-
tpectAbilitg. This IS policy, from which our
Legislature lhouId never depart While it Calls
to that Office men Of abilities integrity, and IN
dependent circumstances, it is perfectly eonGIt-
ent with the trueit economy Let this be done
that we may have Judges capable Of adminiiter,-
ing juiEce bur let not rhi5 Court be pu: out
of thereach OF amy citizen ultice thould be
! brought home 10 our doors II is wnat we have
been accoitomed TO-. The L4g1ature Of the pro-
vince, tefue and Of the Coinn,onw cal, h, Ence
the adoption of the Contribution, have been uni
form in the eitabiiihnient of an Inherent Court.
From tie ACT Of the Province Of 900, 10 thas
OF the Commonwealth "makimg further provi.
lion III the Judicial deoartment,, Ipatied III
March 1890, a period of more than one bund,sd
years the principle has never been departed rom
except in particular cafes AID from particular
neceiiity. = BY the Grit mentioned ACT the
Court was to conGf of one chief luftice and
four AiiociateS, three to coEliiute q quorum and
70 travel into every county, them organized So
The att,of the Commonwealth OF 1852, adopts
or rather confirms this fyRem fiocc which
time TO the year 800, period Of figttra ,sa,,
the Supreme JUDICIAL Court o: Ma1lachuctts,
was Ger ainly r1ipettabie : Its teciiions were
not without expedition, certainty, jIGsm, and gen
ersi abP,a5atiln. a deviation from this lytem
rendered ncct1iary perhaps by the inoreale Of
population ard properly, has been the ground
ct much uneahneis anu comohins: II he i'm.
perfections attendant on theie alterations, arc
iuch az generally attend deviation from long
ettabiiihed fylten,, rendered familiar BY practice
and venerable by time. After two attempts
without fncceis, radical reform (she one IN
der confederation is contemplated to remedy
the evil, In Eating Wy obc2fans 70 THE fem pro,
jst7ea BY tie h0n 'jndgs5, II is unneochaty for
me- 70 partlculariZe T. ars 10 the pfeient f1tem.
hey are undoubtedly eDsigbfy ard as il ref
poets the dttrict OF Maine, rnsnftterabie. ~" The
alternate leiiipns of the majority and aqngrny
Of the Court, IN each county, arc complete
y cac ulatsd to produce delay From the latter
TO toe fornl, from choice, and from the torme,-
to the later from necch!ty. 4 he winter circuit
IN this dHtrltt Is attenced with iniuperabie DIFF
tlcuties, without the poiabiity of remedy !:
For the principles OF ths act arc - contracted,
that no modification can remedy the evil. The
Inhabitants have recently triedtb OK perin,ear
and thole gentlemen, iii the Legislature, from
the Diitrltt, who advocated the mcalure a, the
kJ5 effs0s fv1s, will judge if hbiJ esbe isat has
proved It to be the feti ~ fafF. he lead NJ
features q the propoied reform are. a Il.
J. = supreme judicial Court of five
Judges to hold three fehlons annually in three
different places, to hear and finally determine
ali dilputed queifions of law. .: ID. s.~
z. A;oircut Court is to be holden twice
year IL each Couniy, TO coniiit Of one judge
OF the Supreme Judicial Court, who is TO pre-
iloc IL The trial OF all qaetions of fa7 of civ
II and criminal nature. and to grant new trials
2. This Courr is to have original jurf nc
ton, concurrent with The Common Pleas in all
aStoio oASSediuS ono iluI0TcQ uohdfS WhCIS
The tide to rsa elt4te may com-i2 qucttion.
q. In criminal cafes, and in qurnoas Of
divorce and aIimopy, the Juilices Of the Com
mon Pleas ayc to be ailoeiated with the Circuit
Judge, and the Judge and Juaces F. a!ociated
are to compete the Court
5. No appeals or reviews are to be had
but BY order OF Court
!. The law is to be fcttled for the whole
Commonwealth, ia three places, FAY Bsa9n,
Portland and Northampton Much legal infor
nation has heretofore been diHuled through die
community, by the deciflon OF qaeitions Of
law n the country. Here caule is 10 be Ia
ken from the nrisnborhood of the pa ties to be
heard and s.ied, perhaps at t4rdrea mites d5E
faHff twill Be- laid il is Of litsle importance
whether the party knows or what principles his