The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-02-05


tcnr--Uesides. the little petty business oi"h ea'i'u
there. il brought into the Supreme judicial Gut WI
nol only increase those and iahous' "lie az
alTeaay quite sufficient might ieni v es.Aaui
tnrm iiOn performing their important anu hiehy ~
sponsible duties-It would increase their mtntai Ia
bours, anI fatigue them 20 great degree 10 ba'e ~
in addluon, III tire little petty squabbies whch Hlsh'
aud ought aad always have been settled III ue suOoi-
dihate Guurt-tha 1t would sacrifice the hlsh cnaaclel
and rcspectabilty Of the highest Judicial tribunal OF
the state. -
hr. Pirgia was III favour of lie amendment lie
thought the state would find II sautary-It wohH hot
uWef the character Of the Supreme Judiclal Court out
/ II would raise that OF the Court of Common Iieas. IL
u said The Business Al tie Supreme Judicial Court will
be greatly increased Nh y. did not apprehchd TINS
5ut u IA should exist the people would cure Inc tNi-
Livery suitcT would bring at that Court Wicl
woild give him the mo. speedy Justice. and occasion
( the least expense. Exp riencc would very soon
settle every question "a eNpediency IN TINS case,
aud the evil, if found 10 exist (Which nc doubted)
\ wou4l Immediately wo-k its ova cone.
Mr. Spfi5ue considered tho object 81 the amendmeRt
was really 10 defeat the ill-Ientlemcn had changed
tneir opinions upon he subject since the last session.
Mr. : wished that those In favour OF the Old
Court Of Common Pleas system, would come forward
boldly ard express their opinions and moi DO 1t IN TINS
lndIrectway II the amendment; proposed, be adopted
\ tne contemplated CoUr will never be established
MIR > thought that If original jurisdiction in all
be gwen 10 the Supreme Judicial CouTt-as toe prn-
cpal part Of the suits viii be Tor the collection OF debts
tiCt may ana LlSft VIII ne many secret AttdCl-
m'nts on property which will not be known ii less
an twelve months, aud great uschiets will arise
present nconyeniencics from this grtat-but
thr aneadpent contemplated would increase them
iOh Some counties have only one term IN year
u thtre may be attachments IN those CUAntIeS which
would remain secret for two years-property may be
purchased. apparently free OF incumbrance and after
such lapse OF time the secret attachment be dis
covered 70 the very great injury Of the honest pucha
? ser.
1t is fair to look into the result Of all the actions
which 80 into the supreme Judicial Court There
l2Fo ~ the counties Of kennebec and Somerset. These
counties constitute one sixth part Of the population Of
tie state o these suits only ~ ent into the Supreme
Judicial Court. Only about per cent. Now, Sir,
Il for every four tons in the Supreme Judicial Court
you give them 100 the expence must be very grea;
suii0cs. Witnesses fees constitute large proportion
ct the costs Of tsated sutSthrow all these actions
into the Supreme judicial Court. and you viii n that
instead Of Gas nowl parties waiting week after week
they viii be obliged wait t'ondh after month for
tlla-aad they must be ready there viii be failure
Of Justice VIII this diminish the cxpcDces Of suits at
Jaw 1T present man may calculate with some accu-
racy when his cause viii come on 20 trlalb at If the
amendment takes place, all calculation viii be uncer
tain and idle.
But this unnecessary addition to the burthcn Of the
Supreme Judicial Court is made NJ Of trdins business
II Is intended and ought To Ne intended be done in
the subordinate Court If ,he amendment prevails.
Dir. Spsaker-cal your Supreme Judicial Count
what you p. Use, it win be but a Court of Common
Pleas Impose upon the governor Of the state the du
ties OF door keeper OF his house and he win be only
door Keeper. 1t i not the name but the employment
which gives dignity the Office. Degrade your SUI
Preme Judicial Court judges tie amendment propo-
sed would degrade them aud who will breathe into
statute books tue learning erudition and ability which
IS TO dIgnifs Counts.
The s. J. Court i intended to be check upon
the Executive and Legislative branches of gov
ernment-witIout-t the judiciary, life, liberty and
property would exist only in name. We must
have an independent tribunal. We NAV ourselves
feel its necessity though baskng in the
! sunshine of favor, yet the time MAY come, when
Y VIC may he hated prosecuted and dragged before
| judicial tribunal. 1ftnere IS no safety 10 be
found there, there is to be found on this side
! ofthe bar of Heaven.
Mr.. Todd. It has been thought bv rnaay that
one Court only, would he The best system. And,
ifnecessary,the number Of Judges NAV be incrcas-
ed The nature Of the controversy. or its trivial
value docs not make il trivial Ia the nartv who
seeks Justice. A small amount of property. 10
a poor man is as important to him. as thousands
IN the estimation Of his richer neighbor. A i'm
portanr, and intricate questions of law nav be-
and often are, involved IN an action small i'm
peruniary view as arc presented IN A suit which
settles fhe right Of property in an Fast India
man. ola whole fleet. will 60 as far as any
gentleman 10 prevent unnecessary costs. AS to
Icsscning tie responsibility Of the Court Mr.. T.
did not believe in the gloon% forcbodings So
feen.lv depicted by the gentleman from IIal!os-
Ell. lie considered those fears more Imaginary
than real. Place Z Mansfield, a KENYON, or a
Scott upon the bench in the trial Of a cause Of
trifng amountand they will feel, AMI exhibit as
much dignity if thousands OK millions we're at
issue. These distinguished judst had tried small
as well great causes. Mr.. ?rodd would have
such Judges could neither ~ lessened by sit
| ting in Judgment upon triing suit, nor elevat-
cd, merely by the responsibility ola trial where
even life itself is in jeopardy.
| The amendment was lost.
Mr.. CrorGil, of Whitehead, offered an amendment
in the second section-proposing 10 erase the word
three and ins1rt tour-therely giving additional
I Judge.
4 Col Thatcher supported the motion made hv the
member from Whtefeld (the obictt Of which was 10
have four Judges appointed, of whom mght held
! Court and IN case of sickness inevitable accident
one Judge sisht SIT aone) Mr.. T. said that having
been one OF the committee, to whom this subject was
referred he could state that the committee were well
agreed that if the present Court III Common Pleas
should be abolished the Cont ought TO consist of four
Judges and they accordngr ,substahtialv % reDored
This large committee (oi 10 had dtlibcraied and well
considered this point and he conceived thar the nuE
Der proposed in the bill repnrted was urefcrab n
the nun her a. II now stood, Inc state Of Maine he
SAID, was So extensive, that three Judges, placed AZ
perhaps 100 miles distance from eath ether rold po,
attend the Courts at all tines-iuf yitahle accidents
would occur, which might sometimes prevent Tie bold
ing of the Courts. and whole coufrv mich, he dis,
pointed. But independently III this ~ had alu-,~s 49,.