The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-02-15

pence--n case ~ Is Listidciion--'he acuon
comes immediately betute The supreme triUu
ual-prrhaps iar down Ia long processIan-
and a. there tor q lcug tme % await iurisdIc-
ten, a. q bar. Too, where rs determination vail
always lie more expensIye-lndeed, Il can
hardly be believed that men saw how little
satisfaction would ~ rendered ID theIr Preil-
dioes, ~ The abolition OF this y stem. To be
sure here can be great parade 81 facts backed
by staring expenditures, but forward % reuson
us out 81 this system-aud an anticipation OF
endless costs al future trials lngenIously dIs-
played % Tighten Us into a new one-but as
long as rejecting men know hat the parts arc
equal 70 The whole, they viii see the ia.iacy
OF the abolition doctrIne-sod only smile al
the theory while they pity rs advocates.
These remarks may BE- thought uniImeiy-
and destitute OF novelty, but that cannot be
too often urged which has The dignity Of truth
10 support il. The present stale 81 our Court
OF Common Pleas, is not, il must be granted
exactly what we should wish II 10 be-we
would wish TO see in il more slamina-nore
imporiance-more decision. There should be
more exertion to help on the cause of Justice
we DO not aver that principles are not exPoun-
ded with sincerity, or that any open violation
upOn the purity of The laws, Is countenanced
or permiited-but we would see the law as
serling It's consequence with mote cuucomitant
power-and going cut among men with more
inspiring majesly-Tbe law is understood
but let il be understood with the full weigh Of
its sanction.
Il can be shown that the present establish
rnent affords the most correct and satisfactory
PRONUNCIATION oi the statute ID our Superior
Court. fit be of any importance in the ex-
ercse Of or laws that they should be made
to appear ia their genuine garb-their fullest
power and their most extensive operation, we
uBhestatingly say, il is necessary there
should at least be possibility OF doing this
and that TOO in manner which shall discover
their legitimate and intentional bearing, with
their most decisive and comprehensive grasp.
And there should be no cramp upon this con
STRUNG facuty-it should be collected and
strong-and so TO make il, and so 10 continue
il, there should be as few legal cases submitted
20 MS attention, in one course OF duty, as the
ertgencieS and the Judicial provisions OF the
country will admit. This system, in its full
extent, must indeed be engraited upon a gov
eminent, under circumstances different from
our own. But then why not adopt, or if in a
measure adopted, why not preserve system
founded on this principle, as far as il is prac-
tcable TO preserve it Why not preserve a
system, indeed, whose necessity has grown TO
our experience, and whose evils are half i'm
aginay-why not allow the high places of
justice 10 be the springs whence may flow out
The waters OF righteousness, in unadulterated
purlty-why motif The laws must be ex-
pounded-why not allow them to be expouu-
ded well-why not allow our statute book 70
be our pride. and our decisions to be animated
with lis spirit?
Now the abolition Of this Court, it will lie
instantly seen, must essentially affect the ne
cessary sympathy between the Legislator and
he Judge. AT the same time that be is raised
10 the high seat Of justice, he is deprived Of
the capacity 10 apply those laws as he ought,
which he SITS there 10 administer. There j.
sell destroy ing spirit 10 the very statute which
men are holding up their hands to make the
eternal law of the land-it is but coming to
geher al one moment, 10 say such shall be the
law, and coming together al another, TO say
how feebly it shah be promulgated-it is but
telling the Judge that the statute shall not 90
out ~ its strength, from bis lips-and unless it
40 60 out IN lis strength, what will be lis bind
ing force upon society?