The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-03-01

me leafniEg aud ingenuity OF the advocate. az
well - avail himself Of hs own powers and feel
'nss fDr his defence. Was this privilege worth
preserving And Il there nothing 10 the measure
adopted by this House to abridge that Ii you
impose ail your business upon one Court, will
They hare time to attend 10 those defences, will
hey not be obliged TO say to parties you shall
nave 50 many minutes only, for your case, you
must confne yourselves 10 that time. Your law
ger knows no more than we do, we will not
hear him. The legislature commands u.
20 do this business and Il must he done.
And thus all our great commercial questions
and all those which relate 70 our estates,to trusts
frauds and crimes, must inevitably be decided
without being fully and fairly Investigated, be-
,aUsc The Supreme Court must, per force, adopt
:, rul. TO proceed without delay. They must
either break down causes, turn them over,
ard what complaints must then be made, when
Avon nov, with the Common Pleas. we hear of
en- The accumulation will be immense, and
yo0r supreme Cont Judges will gut the bench
in despair Of doing the business. do not wish
10 excuse the Supreme Court 1 ON duty, but
~vish 10 prevent them from being overwhelmed
with Il.
Some abuses may have crept into the present
Circuit Courts and the Senate have agreed 10
abolish ihem. and have offered a substitute sim
liar e. your own bill Dir. T.. here compared the
get up 20 the Supreme Court unless he has COM
Iuilfed a crime but this is not the fact Ii par
~ /. asrieved by a decision oflaw, he may make
hisexccptons, and the point shall be determined
Nv the Supreme Court, although the damages
sre lass than 500: and on questions OF fact, the
,,rios are the same as in the Supreme Court and
II 4 party is not satisfied, he may petition for
new trial. and il there is good cause, II cannot
he denied him. II is impossible that any man
a 49,
should be deprived Of justice under the proposed
amendment. A complaint IS made That many
appealed actions are settled without oeihS Gu
tered n the Supreme Conrt--and what IS the
reason? After tie fever of trial IS over, the party
rejects UPON the argumeats coolly, and If he Is
satisfied that justice las been done, he settles
with has adversary. Is this subject oil com-
plant Ii is said too, that the Court Ought not
10 grant delay but is il not often best policy Tor
the creditor, after lie has commenced the action,
10 give the debtor time 20 turn round and raise
the money 10 pay the debt!
But can the Supreme Court do the business
Here are 1900 actions before them for trial; what
is the consequence They cannot all be disposed
of-they must be continued one term must nee
essarily run upon another; the judges mind will
become confused, for # is notpossible to Keep IT
continually employed; and to do the business
properly he must have time TO reflect: and be
the increasing population aud business.
fAr II. thea anf~e he objections arilng from
the incrsafed criminal juritdicuon of The Common
Pleas as propofed by The amendment; and from
Ihe malpractice of the Officers of the Court.- He
then remarked that gentlemen did not iah fefhon
like the old Supreme Couu, becaute cne Judge
held the Court, they provided that all the Judges
fhould be prefent COW they propoie TO alter that
Law, and reftore the former ; ard they do not like
the Circuit Courrs, becauie they have three Judg.
es the experiment propoted BY the senate, may be
adopted without rick, and without derogating
from the Supreme Court. II may happeo that
Jultices will be appointed who are not inferior to
rhoie of the Supreme Court, tut in that cafe there
may fll be appeals and 10 il not Desirable that
fheTe fhoIld be = parties win them aud they fub-
ferve the purpoles ofjunios But how would IT be
II there were no Common Fieas. You muf have
reviews, with all their con romitant evils even
now the Supreme Court find their time very much
occupied and 10 this county there are many cauies
of great magnitude which cannot be decided with
10 year the Judges will npt hazard final judg
ment on fuch que itions without deiberauon. The
Houfe arc exhorted TO he hrin it l. faid the preent
Common Pleas 10 a nuilanca bur have not the
Senate offered lomething to remove il; fhsil we
not try this experiment aud afceriaiu its merits
Ifit has none, The IeRisIa ute al the next fef
iion, adopt the feherne of the gentlemen. without
any difficulty, and adapl il 10 the belt intereiis of
The Stae. But after the elaboration TO land firm,
which has been ftrsng, hene by repetition of the
old complaints, cannot eapeet my remarks Will
have the weight Of a feather. will not yet how
ever believe, that no comp somie with the Senate
will be effected, chs important iuble6. Cen
tlsmen have hoped 10 frcceed 10 their meaiure by
threats. that The friends of the amendment, after
having bad time to conGder che fuhject and to hear
arguments, nre attempting 20 fmother the people
and crowd upon them nu lance and we are put
uoder the terrour of their sInaihsma hope the
members of this Houle will not be influenced by
fuch conhiers,ions.
II has been said chat the Experiment has been
tried in New Hzmpihire, but besides that New
Hampfhir 10 no rue for this State, the expert
meet there has not received fair trial with 70
hear from the Judges and the people what has been
ats success
Mr.. MAsoN'. arguments and opinions apply
wholly 70 the elabiiihmert of Courts 10 hrs own
State, he has not done Us rhe honour 10 prscuie
much 10 ours il is known that neither the bust
nefs nor The Common Pleas yifem Of that State,
could bear ATTY comparifon with our OVID. The
example OF New Hanpthi. c, cannot nave Seiaht
here.
The gentlemen in the chair. Judge stebbins)
aud the gentleman who has 70 earnelfly denounced
thofe Courts. (Mr. Ames) have both oeen on the
I inch of the Common Pgeas never had the
ho, ,our to prsedfe IN their Courts, but have al
vav,' heard them well spo ken of. And one of our
sunre, We Court Judges has prepared himie'f by
pres;aig xin the Circuit Courts, 10 be promoted to
,s,, on he bench of the Supreme Court thn
1ulzpce air. is worth thousand insinuatons
againl. the ,ili,y of thcie courts
SIR. impeae b 90 man''mci've', his een'ie . MS
own. and he has right TO purdue !. r.. y seeh'
- " ktsf rtendtfin he