The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-01-25

The Judges having received their commissions
fron the government Of Massachusetts, and
still continuing to exercise their Offices under
those Commissions by authority Of the act OF
separation, they are Judges ID Mains only by
sufeTance
One OF the most important subjects which
will come before the Legislature at this SEES
sion is, the disposition OF this court At the
last session Of the Legislature, il will be rec
objected that large joint committee was raj :
sed, 10 whom this subject was committed TO
report during this session. We trust from the
deliberation Of The committee and the Legs
lature on this interesting point, the result will
be system, best adapted TO The situation Of
the state, aud the interest of lis citizens. We
have always held it very good position 10
legislation, 10 make as few alterations IN es-
tabllshed principles or common forms as pub
lIc convenience may justify. Whenever sys-
TENS of any kind have been approved by ex-
perience, or sanctioned by connexion with
the feelings and habits of the people, those
systems should by no means be departed from,
however speoious or beautiful may be the
theories proposed for substitution. The ma
chinery OF our government is simple, it de
ponds upon few plain principles, which are
comprehensive by men of common under
standing Our government is distributed
into three departments, the Executive, Legis-
latIve and Judicial, each has its functions to
perform and is totally distinct from the others
The principles upon which the two former
are founded, have undergone little or no
change for long series OF yeas: and the iu-
dicial department, which, more than any
other, has been exposed to the attacks Of open
enemies and visionary friends, from the time
OF ShGys 10 the present, has always preserved
the essential principles Of its establishment
Ever since law became a science-ever since
brutal force became subject 20 settled ordi-
nances, in the country from which we derive
our origin and our laws, courts have been
divided into two branches, higher and
lower Jurisdiction. 1t was so in this country
before the revolution, it has been so ever since
with great good 10 the community, as our
prosperity evinoes, and with great satisfaction
TO The people as is manifest from its long con-
tinuance. A system thus supported, il seems
10 US, ought not lightly 10 be overturned 1; it is
susceptible OF modification, aud we think some
change necessary, but the system should be
preserved Some who return from courts.
iaueh WIN an adverse verdict, make loud
cry about their abuses: and it may be, there
are some abuses: but is it not rather conse
quent upon the great freedom we eojoy, and
upon the extent Of our privileges, than upon
any judicial system we may have.-In Tur.
key they have no delays, no postponements,
no special pleading the laws there scourge
the poor and take their property from the rich,
the laws are made for the government aud not
for the people.
Il Is as idle 10 reprosch our present system
for abuses, as il is the constitution of our bo.
dies Tor the infirmitles of nature and it is as
much SO, TO condemn those who minister in
courts, as il Is 10 rail at physicians because
: men die and worms DO eat them" We do
not prescribe merchants, and they make gresl
gains but " there be land rats and wafer
rats" 1t is unjust TO condemn any profession
IN the community as such, there ale individ
uals in each, VINO disgrace their calling but
they who are honest should not suffer ostracism
unfortunately with those who are guilty,
This merely in passing, we are concerned
however only with the ssstem, and if that be
good and supported by experience, and dem.
onstrably sornd by argument, that will assur.
eddy be preferred to novel schemes, and IN.
attempted projects.
COMMUNICATIONS.
The people in this section Of tba state are