The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-01-18
TE,R GAZRTTIa
PORTLAND FRIDAY, JANUARY IL. 1922
THE JUDICIARY.


pnion upon the subject We remember that MANY crude
notions were aoat al the last session Of the legislature
But we would hope better things of the present mem
bers of that body large committee have the subject
confded to them & would anticipate Its careful in
vestigaton, and enlightened and wise policy if anv
change should be recommended in the present system
We know that the Circuit Courts Of Common Pleas are
unpopuar-and we will not arraign public opinion ulpn
that subject. We do hope however that these Courts
viii not be abolished without proper substitute
correspondent has suggested few ideas upon this sub
Ject which we consider ofweight and deserving the
careful attention of all who feel an interest On This in
portant subject.
Our correspondent deprrafes the idea of innovation
upon established systems, II it lead us into the field Of
untric experiment especially upon The subject
ofthe Judiciary. ProPer.ysfe.and liberty hang upon
our Judicial system, ard neither can be secured 10
single individual except the Judges themselves fprn-
cipe be abandoned the wisdom aud experience of ages
disregarded and every dreaming ignoramets undertake
10 be wiser than all the generations who have gone be-
fore him. He suggests that instead Of the present sys
TEN Of Circuit Courts of Common Pleas there should be-
as IN old Massachusetts, State Court Of Common Pleas
qualifications (and I've strongly nclnes 10 believe they
should have the salaries as the Justice Of the
Supreme Judicial Court That 10 certain extent they
should have final jurisdiction. Provision however 10
be made that Judge, in either of the Courts
should try questions Of fact and questions of law re-
served in the manner in both Courts. His idea
is that the Nsi Prius system should be established in
both Courts. And further that there should be sufi-
Gent number Of law terms established-perhaps three
IN year. in different parts of the State where there
shall be neither jurors witnesses-1he Law Courts
to be held by all the six Judge and the Judge who has
saved question Of Law, shall in no case revise his
own decision but II shall be decided by the other FIVE
This would not be adopting new plan, but following
the System which the enlightened nation in the
world, with respect its judiciary has tested and prov
ed for ages-the nation too from which we derive
common aw-the deares; birth right of our ancestors
which they proudly cherished, and which we hope
viii never be abandoned
We believe that the provision proposed by our cor
respondent, that Judge shall revise his own opin-
ion, is not adopted in England but We think il very
important suggestion, because man is fallble being
liable to err, when he knows it not-subiect to
the dominion of prejudice of which perhaps, he may
be utterly unconscious-and exposed 10 that most
common of all human weaknesses, pride of opinion
Such are our correspondents views-we consider
them of much weight, and present them TO the pub
fhe now, while tie subject is under consideration
We are happy TO perceive, by hesTreasu-
~ report, that the interest Of learning is no,
neglected by the government of the State.
The institutions at Brunswick and Waervile
earl engaged TIE attention OF the Legislature,
aud is liberaity has already been manifested,
by rapid increase IN each of these semina-
fies. The encouragement OF literary insiilu-
lions of the higher and common branches Of
education proudly distinguishes this country
above every other In the world. In none is
education more -difTused-in none is there
more intelligence among the lower classes Of
the people, and in none is there more genuine
independence Of thought and character. II
must, therefore, be evident that there IS
connection in these effects, and that one oper-
ates upon The other. II is not denied that
information, circulated through community,
causes lis citizens 10 know and prize and de-
fend its freedom. Its with this conviction
that our Legislatures, from the national to that
of every state in the union, have openly be-
come the efficient patrons of learning and
what is still more gratifying is. that not to be
so, would be dishonorable to IFS character.
Virginia and Connecticut are striking exam
pies of this career O. liberal patronage. Each
Of them has large, permanent literary fund,
the interest Of which is appropriated exclu-
svely TO the purposes of education In the
former State, this fund is 81, i58,I43, on the
income of which is charged an annuity of
$4,000 per annum TO the University lately
established in thu, State, and $3.50 10 the
support of common schools. At The head Of
this University, and il nav, undoubtedly, be
said OF these liberal endowments, is the ven
cradle THOMAS JEFFERSON. With such ex-
amples, and such inducements, this State will
not be slow 10 follow, according 10 its strength,
the proud march Of her sisters.
TREASURY REPORT.