The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-03-12

so,ca i the nride of the human intellect, the I
collected wisdom Of ages, c6inhining the prlnc'-
,,es Of original Justice with the Infinite variety
OF human concerns
Most Of the constitutions q government Of
the American states have been formed with /
correct views Of this subject. although in many |
OF them ADEQUATE enactments and liberal allow !
ences have been withheld 10 the officers rresi- !
ding in this department
Personal security and the protection Of indi !
iiual property are primary objects in the form |
alton Of civil society. These can only be effec.
ted by system Of Jurisprudence formed on the
basis we have mentioned. II is therefore the !
,oundest policy Of all governments to call to its
all the most learned lnrists. the most profound
civilians and lawyers, which IL can command.
TO embody as mnch legal learning in the organ
iZatinn Of its courts of Justice the system will
admit. To give health and vigor 10 such svs-
TEN i Is indispensable that judicial officers should
have liberal and permanent cOmpensations.
They should be removed from pecuniary wants,
or the embarrassments which arc created bv
scanty and ill-paid income. Their living should
not be made 10 depend on the irregular and un-
certain emoluments, growing ont Of the business
lending in the courts over which they preside.
The evils resulting from such an organization of
our lower courts have long been apparent TO the
most transient attendant al these tribunals. To
those whose professional duties have called them
TO pass much Of their time at the sittings il has
been subject of deep regret and sometimes of
insuppertable disgust, TO witness the Judges of
court racking their inventions, by forced con-
structions OF statutes, by quoting former prece-
dents, by establishing new rules, and passing
new orders, 70 add a few dollars and cents to
their annual income The reading of decla-
ration in court has been made a tax of two dol
lars on the purse of the parties, and like sum
has been demanded of the state or county, for
the entry OF suit, IN which the state is party
Nice calculations have been made upon the
number of suits on the docket, and much of the
indicial talents Of the court absorbed in the more
important consideration of fees and perquistes
Of office.
OF these Pie Powder courts VIC have already
had enough and now that the legislature have
brushed away the old system OF inferior courts,
and By new enactments have placed our second
tribunals OF Justice on basis more in accord
ance with fair and prompt administration of
the laws, and have established fixed and liberal
salaries for the justices of the court if most as
suredly hehoves the executive, in the discharge ,
of the duties confdcd TO il BY the constitution,
70 select such persons TO preside in the courts.
ous and important duties. The course pursued
hv tire legislature has been an honorable one. |
and is creditable 10 the state. The people ca |
led fora reform in this part of government. The
legislature were satisfied of its correctness and
have obcyed ii with unanimity and promptness
All that could be done, BY them. has been &C.
complished. They now demand of the Execu-
tive that the Justices who are to administer the
law, IN this tribunal, shall be men of virtue and
iutegrity-Inen of high attdinments m lfyGL
learning-men who have studied the law as a /
science-rnen who have devoted themselves 10
professional duties, under belief that those du-
ties were TO be performed for the advancement 4
ef higher state of society, and more pure and I
perfect system of civil polity. And not that !
the places are TO be given TO men disqualified ,
from want of general education, nor to those \
who have divided their time BY attending to ra-
rious occupations and emPloyments-inen whose |
Facilitating minds have made them perpetual
ctGpgelings, and who have learned but imper-
fecty the first rudiments Of any science. Nei- |
Their is il expected that those will be selected |
who, although educated TO the law. have, from |
rant Of talents, from INCIDENCE or the sordid mo
tees Of GrdTice failed to cultivate a thorough !
acquaintance with legal science; who have not
contemplated its transccndant dignity its vital !
importance, its boundcss extent and infinite va
rIety. Nor will public expectation be satisfied |
with men, who have not enriched their minds bv !
Iaborious study, by much refccton-inen desti- |
tate Of those quick perceptions of right s wrong,
OF that accunen of intellect, which seizes, as it !
we're intuitiTeiv, upon the point in controversy,
and brings II TO speedy and correct issue.
Neither will tins expectation be fulfilled with
the appointment of 4 single individual of high
attachments in Judicial learning duties
Of the members of the court are alike equal and
important-the compensation is equal--each
therefore should be fully adequate to the great
duties of administering the law for in the system
there crUtcheS, on which to lean. There /,
are no props on the bench, and each Judge. frem
ms own resources, must perform the entire Ju- !
dicial duties of a court. Abstract principles.
nice distinctions and difficult rules will often oc-
cur.-These must be decided with promptitude
and should be decided correctly. Questions Of
evidence than which none are more intricate,
will frequently and Unexpectedly arise and re-
quirc immediate examination and if the mind of
the Judge be not deeply imbued with principles
and familiar with Judicial authorities, he will be
lost in the labyrinth of conflicting arguments
and wander in vague uncerainty.-How imper-
tant then is il, that the system 10 be Put in
operation, system full OF hope and promise,
should not be clogged al the threshold Of its ex-
istence, with vain ignorance, trammellcd BY
mere Boosting pretentionS, or Frustrated by
weakness and lInbecihty. BASIL.