The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1822-02-20

Name, and for the reputation of the State a.
broad, its Supreme Court was organized and
filled in such a manner as not only to remove
many apprehensions, but to give promise of a
reputation for its Judiciary scarcely inferior to
that of any other State. 1t is needless to re-
mark how much the whole character of the
State must participate in the reputation of that
tribunal 10 which is coafded the property, lib
erty. and lives of its citizens.
But, notwithstanding the advantages Of
such reputation for the judiciary, there seem
to be many individuals in The government Of
that State-welf-neaning but, perhaps, mis-
taken men-who seek to effect changes whic n
would tend to deprive the State of that reputa-
ton, and to impair that confidence in the Jul
dietary, without which the citizen feels his
dearest interests to be at hazard. At every
session of the Legislature there have been at.
: tempts either wholly to abolish the Courts Of
Common Pleas, or to throw open the Supreme
Court to the whole mass of common business
OF the State--in either of which cases the
Supreme Court would be dragged down TO the
level Of the lowest Court.
At the late session, bill passed for es-
tablishing a State Court of Common Pleas.
similar, VIC believe, to that recently establish.
ed in Massachusetts,. The bill was opposed
by the class of politicians above alluded to !:
by some of whom an amendment was offered.
the object of which was to give to the SUI
preme Court original and concurrent iursdic-
ton with the Court Of Common Pleas, of all
actions of every description. This amendment
was ably and successfully opposed and we
are tempted TO make an extract from the
speech OF Mir. spragre, OF Hallowell, not only
because of its merits, but because that gentle
man is known to many Of our readers-havng
recently resided in this town, under the tuition
of a distinguished lawyer
Mr.. Sprague said The subject before the
House was necessarily connected with the
profession OF the law-and of that profession.
Notwithstanding the calumnies to which they
were subject, and the prejudice and Glamour
which had been raised against them, he did
not hesitate to say, that, taken collectively.
there was not class or body of men in this. or
any other State, of more pure End unyfelding
integrity, or more elevated and honorable
feelings. He was proud to declare, on all oc-
casions, that he belonged to that profession :,
but he was compelled to acknowledge that It
had unworthy members. They were few M
deed; but still there were some who would
consult their own interest, rather than that of
their client, or the publick. Give to such men
their choice of courts into which to bring their
actions, and they will so shape their course as
most to increase their own fees, regardless of
consequences. If they find the Supreme
Court overwhelmed with business, and that
suits must be continued term after term, they
will throw all into that channel, because de-
lay and expense may best subserve their pur-,
poses. He would not adopt proposition
which offered temptation, aud gave facility to
a.. 60 place al suits of alt descriptions uno,
the supreme o0Tt, would be 70 brcat =
down, and make it - trn,h :. -. o.edA IL
mon Pleas. 1t was the 1,,.; u Cons-
nnnae that must fix its eharae~s a nI nol me
be would not have questions o. j. WI o said
magnitude, where reputation and pe greatest
life itself were at stake, mingled and coz ana
ed with petty brawls and pitiful assaults SSu-
batteries. The great mass of the business
would be OF trlftng nature and If the atten-
ton of the Judges gesc to Be so much deyoa3
to little matters, itmust narrow and contraSf
their minds, and tAey would not take thos
deep and comprehensive views of great Legal
principles, which it vas necessary that theS
should. They wouldApse too that confdepca
and yeneration of the leople, in which their
real strength so much consisted.
+" The business could not,be done. Tbsra
was already imposed on thaNCou as nncb,
duty as any three men could perform MFR
satisfaction to themselves, or bne6t "a tha
publick. To increase the number oA,n;ts t,,a,;,
ty or thirty fold, would render the brtben IN.
supportable.- If the Judges should atsmnt ~.
do all the business, they must fix theif,t,
! ton, without respite or intermission, Neal,
after week, and month after month, upoTfS,,
tricate points of law, and complicated qua.
tons of fact they must be worn out, their in
tellectual vigour lost, and their health destroy
ed. Who would then give strength and con-
sistency to the Jurisprudence of the State
Who would build up the volumes of reports,
and breathe into the Statute Book the spirit
derived from extensive legal learning9 The
Judiciary must be really independent by its
intrinsick strength, and not merely in name, OF
ON parchment. 1t was a great coordinate
branch of the government, and designed to be
permanent and immoveabley to serve as check
upon the Executive and Legislative depart
ments. But could aCourt, completely pros
trate, with Judges enfeebled in body and
mind, and possessing neither the respect or
confidence Of the people, resist the Supreme
Exc cutive with bis seven Counsellors, and the
Legislature with its hundred and seventy or
two hundred memberss Could they with
stand the whirluind of faction1 Ne they must