The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-02-12
g AH.BsePRo
PORTL-4ND .MoND.dY, FEB. IL, 1eaI.

The bll 70 abolish Tie Circuit Court o.
| Common Pleas aud 20 transfer It's powers 10
the Supreme Court, passed the House Of Rep
resentatNes 70 be engrossed, on Friday last.
The votes ~ favour of The bill were 90,
against II A., the question was taken by yeas
aud nays and the names will be found 10 this
days paper. On Friday in tue last stage OF
is progress, Mr.. ADAMS, of Portland, offered
an amendment, the effect of which was 10 des.
troy the present bill and in its place insert
bill establishing 40 intermediate court, sty.
ed Court of Common Pleas. The princ-
pal features OF Mr. ADAMS amendment were
as follows 70 provide for Court of Common
Pleas throughout the State. consisting of
Chief Justice and two associate Justices. each
Of whom is authorised to hold court al the
several times and places now established for
the holding OF the Circuit Courts this Court
IS to have original Jurisdiction 10 all civil &C
tons where the sum does moi exceed one hun
dred dollars but where tie sum in dispute is
over one bundled dollars, il has concurrent
jurisdiction with the Supreme Court: il pro-
vides for appeals where the damages are ouer
one hundred dollars and FOR new trials, when
Justice may not have been done at the first
trial, al the discretion Of The Court, where
The damages found, are less Than one hundred
dollars; it provides for the attendance of but
one traverse jury it takes care that there
shall be no unnecessary delay 10 suiiors, By
provision that no continuance shall be grant
Ell, unless good cause for the same shall be
shown TO the court, or unless the parties agree
10 tie same IN writing, which agreement shall
be placed on file il gives permanent saIa-
ries to the Judges, and requires that all the
fees, which under the present system have
been the compensation Of the Judges. shall
be paid into the State Treasury by the clerks
of the Court.
| These are the substantial alterations that
are proposed by the amendments in the exist
I ing establishment of the Circuit Courts. and il
answers the objections in the first place on the
score OF expense. Mr AmEs stated in his
/ speech thai The present nine Judges of the Cir
cult Courts receive about $4,000 annually.
( Now give 10 the three Judges proposed by
this amendment 81 900 each, equal 10 IS 500.
and there Is LETT surplus in The treasury suE
TO pay the Supreme Court Judges and
balance OF 5000 "a farther sum is'proposed n
be saved 10 the several counties by REQUIRING
at TINS court, the attendance Of but one tray
erse jury. 1t answers the objection on the
score OF delay, for il provides that no delay
shall be granted unless by agreement of mar
ties in writing, or good cause shown TO the
court and surely on such grounds no man is
so unreasonable as TO wish continuance de-
nIed. 1t provides for dispatch, by authoris-
ing one Judge 10 constitute court. One
other principle of the amendment, will have
iorce with some who were in favour Of the
bill 70 which It was offered, is, The privilege
which 1t gives any sutton, who NAV have
claim tor more than one hundred dollars. 10
BRING ms action in the Supreme Court origin.
ally, and thus avoid the immense evil as !, i
called, OF the Intermediate tribunal. If this
amendment succeed the Supreme Court will
De relieved from the numerous petty and vex-
atlous suits with which our inferior courts are
continually embarrassed; bu; unless some pro.
VISION tor an intermediate court is made .uch
tTlhlng causes must inevitably have day in and
be heard BY, tie highest Judicial Court of he
State.
II ought 70 be explicitly stated. that the
members who voted in the NEGATIVE an The b;u
are not IN favour OF retaining the present sys-
TEN OF the Circuit Courts they wish 10 aboI-
ISL those courts, but think that unless some
intermediate system is established, the Iabour
would be loo severe for the supreme court
ana thai the nature OF The new duties might
lessen the character and influence which The
Judicial Department ought ever to sustain.
4 he vote on the Bill for abolishinr the Cir
cut Court OF Common Pleas and Transferring
Inc Whole business to the Supreme Court does
no' exhibit precisely the opinions of the mem
bers OF the House as to The expediency Of a.
bcishing the G. c. c. Pleas, nor as 10 the
Policy OF a State Court of Common Pleas.
Ahese questions have no; been presented il
such shape as 70 enable the House 10 give
distinct expression Of Their opinions. Prob
ably nearly all The members were against Tho
present system Of the G. G. Common Pleas
but as to the best substitute, it cannot be nre-
sumed they are as yet entirely satisfied.
be topic, which NAV be said, from he
ali-pevading influence, to be The only one
before Congress, last date occupied the
whole attention of the House of Representa.
ives The proceedings were Of great inter.
est mr. Sergeant, who is justly regarded as
Inc head OF the party opposed 10 The admis-
sion OF Missouri, laid before the committee Of
'he whole bis prged, which was, TO pass over
'ne subject wholly at The present session, lea
wing IL 10 De decided by the next Congress
IL was also minated nv Mr. { ,b.t 3D. ~