The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-02-15
FOR PHE GAZETTE.
THE JUDICIARY.

fOk FHh OALEEIE-
THE JUDICIARY.
The Jurisprudence III a country is a thing
so intimately connected with its Legislature.
that a consideration uf one is Immediately
called up by contemplation Of the other As
associated ID the minds OF men, the makers ol
the law are ~ manner assimIlated with its
experimentation the very fact that the many
have come together to frame those laws, and
the few are in our tribunais.to enforce them
upon the people. There i as intimate and
important relation between them, as there
can be between power and the execution Of
It's decrees-between rule and obedience
between tho stream aEd the fountain. The
Lawgiyer Restraints man OF his natural liberty,
and makes il his duty to bend his own to the
interests OF society-the Judge defines that
duty marks out the boundary Of obligation,
and makes the citizen accountable, according
as he treated the spirit Of the statute. This
IS the principle OF relation and il is that
principle, which must always be brought into
view in rejecting upon THIS portion Of our
poItical system.
Were il our design TO enlarge upon the &C.
MUS Of law as il is when built up, and as II is
when brought forth to the people, we should
dwell longer on this OBSERVATION-DISCLOSURES the
mind must be brought 10 survey this subject
in its every possible altitude OF relationship
and draw into one concentrated view, every
principle of accordance and reaction, before
Il can rightly understand The value of their
nearness, or indeed well comprehend the ne
cessity OF ulion between the makers Of stat
utes and those who administer them.
1t is our intention merely to suggest few
observations upon the present state of our
Courts Of Justice with the application of the
foregoing remarks as they may seem necessa-
ry. Aud here we would observe in the Be
ginning, that as the bill now agilating in the
Legislature Of this State Tor the abolition "
the Court of Common Pleas, will, by its nas-
sage, essentially affect the character and con
diton of the higher tribunal, partial notice
of il, will not be deemed useless, though Il
may be perhaps too late to have any weight
upon the general question. The minds OF
men are so strangely fashioned that after
long and iiresome bending " thought 10 some
popular and perhaps whimsical opinion they
are at last driven TO the result they incliBe to
by considerations al once eztraneous and false
and irrational. This is because of that very
ted.um-- and that very ignorance Al first
makes the soul sick and afterwards leads II 10
a blind conclusion through tumult and chaos.
here IS stcrm uyon the sea of Intellect
and II IS slll!ed by pouring on the oil OF false
eloquence. Now that will always be a popular
measure, which ms to suppress an unpopular
profession And the ascendency of public
opinion will be high in proportion as that
measure is supported by popular talent, glossy
deception, or some insinuauug denagogue.
The esssnce of this bill appeals at once to
the sehsRness and The prejudice Of The people,
and though we do not wish to assert that il il
supported by men OF restless fancy or limo.
waiting temper, there can be but little doubt,
that those who are its advocates, look but littIe
way into the consequences of lis adoption.
, The first impression, on The submitting OF such
a measure, IS powerful one-and one which
iinctures the whole alter-train Of argument in
the mind. The immediate annihiation NJ
eXpence in Judicial proceedings, is the first
conviction on abolishing the Court below
end this as it is the earliest, is perhaps the
most obstinate prejudice In favour VI i:s des-
tructon The rendering ofjustice 70 him rbo
presents himself al its throne, ~ surely not neg
lected even if il be delayed under The present
system. and it should be remembered that
when we remove the jurisdiction Of an inferior
Court to that of higher, we lsv a heavy
burden on the superior tribunal. The trans
fer Of power is nothing-but with the trans
fer OF duties there comes an unwieldy Ioad-an
indigestibIe mass, which requires an almost
impossible degree OF attention and application
to dispose Oft should be remembered that
there cannot, 10 the nature Of things, while
man is endowed as he is, be less delay, Or
mere real right I'D the rendition III Justice
when the Judge IS amidst world of conflicting
cases, and his mind j. Hhelmed by the
confusion OF suits, IS clanorous aud weak. and
Insignificant, a. they are troublesome anu muI-
ttuCinOus-lt IS not every man who is endoy-
ed with the abstraction III Julian. Now II
there be an impartial survey Of this subject, it
must be evident that with The transfer ot duties
there Is transfer Of delay Ii is an undenia-
Die truth that time-much time, must " EN-
ployed 10 the disposal Of an immense and con
gregated mass, as long as nan IS not omnis-
cieni, nnr has energies untiring. Thus he
] abolition OF this Court will not IN the end,
( answer MS deslgn. In case al rs existence.
the action may advance 70 lis tFial--ii may
meet u dnOm--ur X may lie ordered ID 10 U
higher Power-groaai0g under is load Of ex-