The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1823-07-09

'siiu an Chagrincd Legend nleasEre. that
truth compeis me 10 say in Tic second place,
that IL il had been believed, it probably would
have produced very little effect. There are
hundreds OF very respectable men-men Of in
fuence TOO, on the federal side, who, ten years
since, would have taken arms to defend the Ju-
dietary from party attack, but would now sub
init with great resignation TO the overthrow OF
the present system, en- account of disaffection
towards the present incum5ents. Not that
they would assist at the immolation of the
Judges; but fear they world stand by with
out lifting hand to rescue them. This is said
to he especially true of the lawyers, who, you
know, are numerous race with us, and who
really, though much attacked, and perhaps
slandered, have prodigious influence in the
government of this State. 1t does seem to me,
nevertheless, that they are in state Of higher
Inflammation on the subject Of the Supreme
Court, than any facts, which have yet learn
ed, fairly warrant. Still, when am credibly
told of the remarks of such men as - and
-, so able, Intelligent, ard dspassionate
as they are; so long at the bar, and so much
respected and relied on-and, withal, so siren
uous defenders of the Court, in the time of
Bangs's and Ripley's attacks scarcely know
what to think. These gentlemen, and some
Others scarcely inferior to them in any points,
are surely not soured 10y envy or disappoint-
ment--for they are most prosperous. They
certainly do not want judicial Office. Nor are
they sighted by the Court.
You may have heard that one Judge
was practically debarred from Worces-
ter county for several years-that an
other was shufiled out of Norfolk three
or four years since-and, in both instan-
ces, by know not what contrivances of
the lawyers. Such state of things is
horrid, and naturally leads to inquiry in
to its causes. Of these, however. am
not very well informed. Our old friend
and classmate, -, who is all OPEN
ness on other subjects, is extremely eau
tious and guarded when inquire of him
concerning the causes of the unpopular
ity of the Court. He does not deny the
fact, though he deeply regrets it, He
is eminent, you well know, at the law,
andis extensively suspected of disaffec;ion
himself. This may temper his replies
to my queries--at any rate, he does not
unbGsom himself to me on this subject,
as he does on all others.
From all have been able TO CLEAN on
this tender point, suspect the Bar gen.
orally have been disgusted and irritated
by the removal Of three of the Judges
from Maine into this State. 1t is said
they were appointed for local reasons,
and would, but for those, never have
come into office and that it was mean
and hardly good faith in them TO cling
TO Massachusetts and their offices after
Maine was separated. A majority of
the Court (even before Judge Jackson
reslgned) were called Maine men and
in several instances, | have been inform
ed, wherein the Court was divided in o.
pinion, 1t happened that these Maine
men were agreed and overruled their
brethren. Hence, suppose, the wag-
glsh, but not very witty saying, that
Massachusetts imports her Judges as she
does her lumber, an coasters.
There seems TO me, must say, to be
too much Miniature on this subject, and
too little justice. But whether griey-
ance is real or imaginary, if it takes
deep hold of the feelings, i, will produce
commoton. Confidence in the Court,
for some reason or other, good or bad,
has visibly diminished; and think this
the greatest evil that now affiicts us
and | fear more for its effects than for
any other. ] see not how ii is TO be
remedied. If it is groundless, so much
the more to be lamented, and SO much
the harder to be cured. If there is
good cause for it, as am willing not to
believe, foresee no way in which it can
be removed but by some sacrifice of the
men or of the system-I fear of BOTH
We're it party question, we could man
age it; but it is not; hinc illce lachrymG.
An extreme suspicion prevails that
some OF the Court are exceedingly med
dlesome in other departments of the
government-that there has been d.
plcity and intrigue and shuflliDg. Dark
surmises are whispered in corners, and
some anecdotes are openly related,
which, if true, do no credit to the digni-
ty OF uprightness ofthe subjects of them.
These are caught at with avidity by the
old thorough-going democrats, and
marvel at the little reserve with which
they are told by federalists in such COM
pany. Some plain, straightforward men
utter very blunt sentences about these
things, and avow themselves in very
strong language.
{ A writer in the Centinel, under the
signature of JUR1scoNsuLTus, is said to-
have annoyed the Court by his criti-
cisms on their decisions. These num-
bers are said, by the professional gentle
men. 10 be very able: and what is