The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-03-01

outstanding the forfeiture al double cost,
which was provided by the act, the parties
would make an agreement 10 take single COST
and Tins eyade the conditions OF the statute ~
order 10 carry the action TO The Supreme
Court. The clause respecting original Juris-
diction is imperative, because the parties VIII
not take advantage of il, the intervals are 80
long between the terms Of The Supreme Court;
II this amendment is accepted. The person
who has demand over 500, will choose 70
bring his action in the Common Pleas, and
then even il he IS obliged TO grant delay there,
will be likely 10 get bis judgement sooner, thsn
lie would If lie commenced hi. action originally
10 The Supreme Court.
Another objection | have 10 the bill IS
amended is, its increased Jurisdiction m GRIM
inal cases !; the Common Pleas - 10 hay.
concurrent Jurisd iction in all criminal actions !
under capital cases and this alone would in
duce me to oppose it.
Indulge me sir again while recur TO the
expence OF the different systems; my honora-
bic my beLoved friend on my right, (Mr. SPoF-
FORD has said il is mean, contemplate TO talk
of dollars and cents in relation TO this subject
and has compared il with the question on rep
resentatioD; but The cases are not analogous,
il is proper that every class should be repre-
seDted, and every interest considered, and
therefore that the Representatives should come
from all parts Of The State. II is said you
save by adopting the Seuale's amendment
$4,000 but sir let Us see how that Is the
Circuit Courts Of Common Pleas sit ID all tue
counties an aggregate OF 2l0 days annually
and IN those Circuits where the three Judges,
one of whom tries the action and the other
two keep order in the Court, do the business
10 sir days, one Judge, as the amendment
provides, could not do it under ten days,
which would increase the number of days 80,
and the expence $4,000 year. The gen.
teman from Portland, -Mr. ADAMs-has
been unfortunate therefore, in advocating the
amendment on the ground Of expence for
certainly so far from us saving any thing 10
the State, by my calculation it will enhance
the expence. Ii the debate on the seat Of
government the other day, gentlemen thought
it proper TO 60 very infinitely into calculations
Of expences, and we heard Of the difference I'D
postage, an item OF $50 or $50 and the differ
ence OF travel, but on this question they seem
to think, such considerations are Too con-
temPible.
From these views, sir, and thinking the
proposed system even worse, than that which
this House has abolished i am thoroughly OPP
posed to it, and if | should hold up one hand
against the present Circuit Courts, would
hold up both against the Court proposed.
Mr.. SPoFFoRD rose and remarked that as
the hour Of adjournment was near, and as be
presumed number of gentlemen wished an
opportunity to express their sentiments on
the subject, he would move that the commit
tee do now rise, report progress and ask leave
TO sit agah
The committee accordingly rose reported
progress and the House adjourned to half past
two o'clock in the afternoon.
AFrERNooN.-The House again resolved IT,
self into committee of the whole, on the I'M
finished business Of the morning, Judge SrEBBIEs
ia the chair.
Mr.. HOOPER said that good deal of prejudice
existed in the minds Of the people against law
yers, but he thought unjustly; a man should not
be considered dishonest, merely because he was
a lawyer person who was disposed to be 9TH
erwise than just and honorable, would be so,
whatever might be his profession. The profession
flaw was necessary one if it is indispensable
zens trained up to expound & administer them.
He thought the Courts of Common Pleas school
Of discipline, and through them persons must rise
to seats upon the bench; in this point Of view.
he thought them of some utility. He cited the
example Of Governor Sullivan, who gradual
y from low station il society, through all de-
grees Of practice, to be Judge Of the Supreme
Court of Massachusetts aud afterwards Governor
of the Commonwealth.
Nh. EMERY, of Portland. Mr.. Chairman.
From some of the remarks which have heard to
day, it seems to me, that the feelings of this
House have been too highly stimulated. Having
the honour to be member Of this house | feel
DESTROYS any man TO advance the interest
and honour of the state to which | belong and
shall therefore submit few observations upon
the interesting question before the committee.
without saying that have no interests TO serve
nor friendships to secure, ennities to crafty;
sir, am not purer than other men, but feel
above such considerations in this place | shall!
not inquire whether the Senate. who happen 70
differ from the House, have presented bill
which deserves examination; that they have a
right to submit their propositions none vii deny,
yet some observations, which were made this
morning had tendency TO deny the q, this prive-
lege. Ii was said, that they had sent down the
same creature, under different dress. with
view to impose upon this House. Sir. from the
known urbanity Of that gentleman, (Nr Ames.1
am disposed to believe that the remark was
rather slip of the tongue, than charge made
on seri rs reflection, that the honorable senate
wished to practise deception upon this branch Of
ne toUr cfat, han