The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1823-02-11

oflulgment. i It sh3ald DC favorable 10 BE res /
poalent, AMI in the mean time the legislature |
should proceed &pass the address for bis renoy- |
al, it w1uld evidently prejudice the community !
against hin, So that il would render it almost |
impossible that he should obtain 4 fair trial when
the cause should be again submitted to Jury
Tor these reasons he trusted the House would
postpone the enquiry until the decision Of ia
court was made known. Mr.. Todd, on the par,
of the managers Of the House, who were Messrs
Told, Dunlap an1 Leach, objected tina
tie cause had been once tried by jury aud a |
verdict obtained against the respondent upon the
merits Of the case, the facts fully presented
The motion in arrest of Judgement was purely
question of law that tie Legislative and uIi-
Cial departments had distinct duties to perorm
which were not at all connected with each other
that before the next Legislature, the public
might suffer material inconvenience aud injury
that the respondent held responsible Offices thro
which the community might receive great detri-
Inant, and he intimated that the respondent W as
connected with gangof counterfeiters, whom il
was in lis power to favor by his Cfice OF Justice
OF the Peace.
For these reasons the House refused TO post
pone the subject and proceeded to the enquiry.
An order was then passed to enquire of the
JUICES of tie Supreme Court, whether they had
formed an opinion on the melton in arrest Of
Judgment. Judge Preble being present, stated
10 the House. that the Supreme Court had ma
turely considered the motion, and were ready
10 have given their opinion at the term of the
court which was held in this county 10 Novem-
Der, bat on the suggestion Of the Attorney Gen.
that the public good would be better promoted if
the opinion were delivered in Lincoln County,
they had deferred it until the next session at WIS
casse1 Their opinion he said was unanimously,
that tho motion could not be sustained.
The n4suagers closed their evidence BY intro
ducing the records Of the indictment ana lie YER
dict Of the jury. The coune. for the respond
ent then objected TO the opinion of tie court as
stated above, from being admitted as evidence.
lie said it was extra judicial and contrary to the
course of legal proceedings but the House de-
Cided to consider it, The counsel for the re-
spondent then closed the case on his behalf his
argument went principally to the insuficiency Of
the evidence and the injustice of the course pro-
posed TO be adopted, by which, man to he
removed from Lis Offices, and his reputation de-
stroyed without any legal conviction.
Mar. Todd summed up the case, on the part Of
the managers, stating, that IN cases Of this kind
such degree of nicely would not be required Oh
the part Of the house, in a court Of Justice il
person had disqualified himself from sustaining
high Offices in the state, by a course Of dshon-
Durable conduct and that should be made sufi-
cientiy to appear, the House would not hesitate
10 ask bis removal, by reason of any technical
objections.
The House deciled in favour the address,
SO to Tt was then sent up to the Senate,
where ii was concurred in.
Latest from, Europe-Letters have been re-
ceived from Havre to the 18th December At
that time the apprehensions Of war between
France and Spain had in great measure subsi-
ded and commercial speCuiatols were making
In apparent confidence Of the contnuat Oh Of
tranquility. The French papers hold differ
cnt language. They announce auhoritativelv,
that the Congress at Verona were prepa ring a
Declaration on the subject OF the affairs Of Spain;
and which, in ali probability, would make war
unavoidable. The Declaration will be from the
abe pen Of VI. CENT? Centinel.
Prison Liaits.--The Legislature Of RIassa-
cLnsetts have wisely passed law establishing
certain principle by which tue limits of the gaol
wards in that commonwealth shall hereafter be
regulated. 1t provides that ID Suffolk tie limits
shall be co-extensive with Ward No. 5, and in
ali othercounties Of the State, they shall not ex-
tent beyond fifty RODS from tie gaol. This law
will now produce something of an equality among
those confined In different counties in that state
for debt. How different is the case will US. We
have one rule for Cumberland, another for York
and another for Lincoln In this couRtv for in
stance the court of sessions in their wisdom have
extended the limits TO the alterior bounds Of the
county, while in York and Lincoln and other
counties. the person committed for debt, is con-
fined 10 the town ID which the gaol is located
4 law which authorizes such UNEQUAL provisions
is arbitrary, unequal and unjust.
LITERARY.
The Pioneers, by hIr. Cooper, author Of the |
Spy, has Just been published at New Ypk there I
were $500 copies sold before noon, Of the morn
ing ii ISSUED from tie press.
The Ltte Of James Otis, by VIM. Tudor, Esq. ;
ofBQston issued from the press Of Wells & Lilly,
of that city last week II is said to be work |
which combines many interesting notices, with 4
much valuable information
The History ollie United States, by Charles /
Butler, in octave volumes, is severely CRITICS.
el ID the last number Of the North American Re-
view The extracts which are made from the
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