The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1820-12-26
COMMUNIcA,HONs.
:. JUDICIAL COURTS Is

BY The New Hampshire pspersysif sppears
hat the Legislature ,iR that slate have passed
bdi, TO alter their Judicial estsblishXenta
'rbeyShave passed law Which virtually aboI
|,shesSAe Common Pleas system, and ,rausfers
ne poxsr aud jurisdictions Of that Court 10 the
erlsCoun These proceedings cansDt
Bat BET !fsesliog 10 tbe citizens Of this slate.
particularly As 1t is uhds rstood, that our own
Legislature will probably have their attention
called to a. similar examination, at the az.
preaching sessions lris believed that coosid.
esabe d'ffershce Of opinion exists ON this
tptoriant subject. in this state. That some
shssation and improvement 10 nece ssary,'
all are agresds;. but as To the msasnye and ma.
iufs OF that change, iSere is ho so much una
nim0. ltisfasy enough 10 destroy one sys-.
ten, bu! no; soeasy 10 ciIer substitute liz
people have ever been accustomed 10 an
jurisdiction, and it is believed
that they are not ready TO reIinquish such
~ stem Ct tins time. ltbas many advantages.
and we think il could no; be abandoned with
convenience or safety. How then, shall we
retain the acknowledged traits Of the Common
P'sas, without incorporating it's defects 4 We
think il can be done. We have heard manv
pans suggested, most Of which are however
Objectionable but The mode. which in our
uew Is most favorable for combining all the
spepgb and avoiding all the weakness os the
present establishment, is, 10 divide The state
nto distrIcts,--say thrse-:tat one Judge
should be appointed IN each, who shall be :
mas Of integrity and Legal st,ainmenis, and
who shall have permanent salary: that tue
Court thus constituted shall have jurisdiction
ever all matters that are cognizable by the pre-
sent Court Of Common Pleas.
The advantages OF this system would be
great both 10 the State aud TO suitors they
would ensure responsibility to the profession
oil law, produce economy in public expencs.
and ease, Convenience and despatch to those
who are obliged 10 resort 10 our court, Of
common Law.
Some have thought II would lie best 10 A.
bolsh the common Pleas, and 10 transfer ali
their powers to the Suprene Court but il
will he readily perceived that this woold
throw too great burden upon that tribunal
he interisr would occupy too much OF that
line, which as a Court VI last resort. it il z
iighly important they should possess uaintsr-
'upteds tor mature elaboration, and the do.
;islon oiqnestions Of Law. Besides il woul.lfF
laye = : tendency to weaken the respect
which ought ever 10 be cherished towards thu I
highest Judicial authority Of the State.
Others have proposed 10 extend the juris-
LECTION o! Justices OF the Peace but these :
who have been in way 10 notice the deci-
Mons OF these officers. will certainly not be A.
nong those, Who favour an increase Of their
power. Immature and irregular Judgments:
Increase Of litigation and expsnce anu con-
asisn OF records and decisions would he the
inevitable consequences of this course. That
.erta'nIy which is the pride and beauty of
uss'ce would be destroyed, and doubt and ds
rust produced, by substitution Of this ju-
rsdiclion. I" Certainly" says Lord Coke.
Is the mother OF queiness and rspose, andt
ncer,aia|y the Cause OF .arisnce and co.,
entions." -
Our remarks have extended beyond our
but the importance Of the lbems
IA. led US away. We Trust the Legislature
s'll examine wiIhou, prejudice, the cooAic-
ing opinions on this subject and in their
wisdom, establish system which will rs-
iec' honour on tie State. and secure to lie
'il'zsie ih. rights u poropsriy and Of person.
W.,