The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-08-01
WORCESTER.
WEpNEspAY, Aueusr |, l8e1.

idte ACT oI Ine Legislature, Is, we under
stand, now organized by the appointment of
the Hon. Artemas Ward, of Boston, Chief
Justice, Hon. Judge Strong, of Leominster,
Hon. Judge Williams, of Taunton, and Sam
uel Howe, Esq. of Northampton, Associate Jus
tees. The number of Judges is thus reduced
from ten to four; and this (if we understand
the motives of the Legislature has been done
with view to reduce the publick expense in
this department. We are friends to economy
and a judicious expenditure OF publick money;
but do not hold that the Judicial department
is the place where retrenchment ought to be-
gin, or where the publick ought to look for
an increase of revenue-unless it can be clear
ly shewn that less sum than has hitherto
been employed can command the services of
equally eminent men, and place the Judicial
system on footing equally satisfactory and
beneficial to the publick.
That the new arrangement will effect all
this, we most sincerely hope; for we view the
Judiciary to be vastly more important to the
community than is generally realized. 1t is, in
truth, the palladium of our liberties; for on it
hang our personal rights and all our rights to
property, and it is here we are to answer for
our misconduct, and here that the titles we
have to property are tested. Hence every
individual who places any value on life, liber-
ty or property, has direct and strong interest
in making this branch of the government both
independent and respectable, placing in it
men Of sound judgment and extensive learn
ing-men who can appreciate the vast respon-
sibility imposed on them-men of cool dis
passionate minds, who can sit patiently, and
diligently inquire and investigate, until they
ascertain what the law and facts are--men
whose tempers are so disciplined, that on the
bench they neither k,low parties or their coun-
sci, or, in other words, men who restrain and
subdue all partialities and prejudices. We
have seen such men, and have now in our
Commonwealth such, and they are the greatest
ornaments in society. Qualifications like these
on the bench are felt from the highest to the
lowest citizen: for the Judiciary is the strong
arm Of the government, and if the laws are ex-
| pounded, and their meaning ascertained and
settled by such men, our persons and our prop
erty are safe, and it is our own fault if we do
not enter into the full enjoyment of the bles-
sings of free and enlightened government.
But if men destitute of these qualifications
are placed upon the bench-men who have
not the requisite learning--or men of weak
understandings who indulge their partiali-
ties or prejudices--or who, through impatience.
| precipitate themselves into erroar then are
the foundations of government itself loosened--
then are personal rights, and rights to property,
become vague and uncertan-and then the
unjust triumph, and the just have cause to
mourn.
1t is evident that the power vested in judges
is very great, and that the publick have
right to demand at their hands a faithful, Just
and enlightened administration of the laws.
And IT IS on the ground of the importance of
this branch of the government to the commu@
nifty, That the policy Of the Legislature in dis
missing, from motives of economy, approved
officers, m a hasty and summary manner, may
| well be questioned. Experiments of this sort
should be adopted with great caution for if,
unsuccessful, the weight of evil falls upon in
div.duals> and cannot be repaired by the gov
| eminent.
by the statute, four Judges now assume the
Nduties and responsibilities which have hitherto
devolved upon ten. 1t is not contemplated
that this Court will ever meet together for the
purpose OF holding sessions, but that one Judge
will preside, in the manner of the Supreme
Court. One Judge therefore takes the place
OF three, in all the Counties, except Suffolk,
and ought at least to be equal to the three in
all the qualifications essential to his station:
for if he falls short, the people will not be salts
fed, and we shall have another revolution in the
Court.
Ofthe qualification Of the Judges appointed,
we have heard favourable account. and most
sincerely hope they win answer publick ex-
pectation, as we deprecate another overturn-
'ng. We understand they are men of industry,
and have relish for legal information; and.
SO far as our knowledge extends, we believe
this is true, and think it furnishes promise
OF future usefulness If they add to this. those
| qualifications which have and do now shine
with great lustre upon the Supreme Bench,
the community will probably have nothing to
regret in the change.