The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-15

Kingsbery, William d. Williamson, Stephen
L hatcher.
The following persons are added 10 The
Board OF Oserseers, 10 iii The vacancies occa-
stoned by the removal ot Messrs. Preble, Wes-
ton, Paris, Hill. Wngaie and Dana, to The
Board Of Trustees:
Alfred johnson, Jr. William King Porter,
Charles Dummer, Robert Z. Dunlap, Nathan
iei Groion, John Anderson.--.irgHs.
SAMUEL SMITH. Esq. OF Uiscasset, has been
appointed Chief Justice Of the O. O. G. Pleas,
for the % Eastern Cucult, vice Hon. NATHAN
Jr. promoted TO the bench Of he Su--
preme Court.
~ Governor Wolco Il has sent message 70 We
Legislature OF Connecticut on The opens. I'd
its session, which fills pamphlet of twenty
six closely printed octave pages. Among the
subjects 0. an interesting nature, which be
discusses at length is, the report Of the Legis-
lature of Ohio relating to the right Of States
to tax the Branches OF the u. S. Bank eslab-
Used within them, towards the close Of his
reasoning on the subject be remarks. :" II is
bot for me to assert, as the State of Ohio ha.
done, that the report and resolutions which
they have transmitted are fair inferehces from
the doctrines which we've promulgated by the
Legislature OF Kentucky and Virginia 10 The
years 1898 aud 1900 but may assert, for
50 impartial history will declare, that those
doctrines have, at no time, formed particular
rules tor the government OF any subsequent
administration or department, and that the
principles then announced, ifthey were ever
adodled, have been over-ruled by subsequent
decisions, 10 which The great body Of The A
merican people have acquiesced that the
controversies which they attempt to renew,
belong to generation which has passed from
the stage otsctIye life that the surviving ac-
tiers SO far as my knowldge extends, are gem
orally reconciled TO each other, and concur in
recomme nding one system Of measures TO the
people, and therefore that the: public good re-
quiIes, that distinctions should cease, which
can produce no other effects, than to perpetu-
ate contention"
tie also makes the following judicious re-
marks on the character Of the Common Lau.
g aiH sensible that altenpts have been
made to exile great Prejudices against the COM
mon law, as barbarous system, aud a relct
OF foreign authority. This law i however no
otherwise an English system, than as our Ian
guage, which IS an essential part of our nation
al identity, is the English language, or than
aslhe laws Of nature are English, because New
ton their great discoverer was an EngIshman
The common law Of which speak, has been
the law OF the American people, in every gen.
eraten il is the basis of the institutions Of ey-
cry State ITS principles were styled the birth
right OF The people !; the attempts of The Brit
ish government TO pervert and abrogate the
principles OF this law, were the causes Of The
revolution, and they are still the best securi-
lies OF our right and property, our charters, de-.
ciarations, institutions, statutes and judicial
decisions, Cannot be understood, without the
explanations it affords though sometimes CALI
ed an unwritten law, its minuiest rules exist in
The most indisputable memorials lawyers in
every State, agree in nothing so well, as in the
maxims by which /, is governed, and the ex-
tent OF their Learning, and their reverence for
ITS authority, are the only tests by which men
estimate their science, ability and profession
al fidelity.
The common law, has sometimes been re-
presented as an arbitrary system, but moth
ing Can be more unfounded than this accuse
lou. Ii IS the only system which wholly
excludes imaginary tancIes, the pride Of opin-
ION and every theory. Ii strict constructions
and consistent decisions are necessary TO pro-
tect constitutions, subordinate authorities and
personal rights. they can only be obtained by
this system, which requires facts 10 be estcb--
lished by impartial jurors, and which then
applies the law to those facts, after public
hearing, excluding the caprice and corrup-
ton OF judges, 10y the scrutiny OF profession,
whose duty u 70, to conhne t--ery decision 10
logical inductions from approved precedents.
ne records OF The common law, are records
Of human experience, aud they comprise the
whole science OF snalogies and relations, as
applied TO Jurisprudence and the administration
VI Justice..'
The Supreme Judicial Court closed its
spring session Of fortnight, in this town on
Saturday last. Notwithstanding the unremit-
ed attention aud the close application Of the
court 10 The business before il, The judges were
unable to clear the docket Of The actions which
have accumulated upon il, at former terms.
MS appears TO US a most satisfactory afgu-
u1ent touching the organization of courts. II
the Supreme Court Cannot under the present
system, with the extraordinary labour Of ten
hours day IN the court room, which they
bestowed al The session lust closed, to say