Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1828-04-01


and the vicinity, where it is well understood
that that town is to be the seat of justice for
the new county. The very locality of the
petitioners shows pretty clearly the end de-
sired to be gained. We do not hear of the
inhabitants Of Athol and the neighbouring
towns petitioning for this divorce nor on
the other hand do we hear of the inhabi-
tants of Princeton, Bolton, and Lancaster,
setting forth crying grievances in petition.
Athol, it is known, wishes to become part
of Franklin County, and is much more con-
veniently situated as it respects Green
field than as it respects Fitchburg. The
same may be said of Royalston, and pro-
baby Of Phillipston. Princeton and Lam
caster are almost as near to Worcester as
to Fitchburg; the difference is but mile
or two. Bolton is nearer to Worcester.
Let then the inhabitants Of these towns Sc
riously ask themselves what they would
gain by the proposed change. have too
much confidence in their sound Judgment
and intelligence to believe that they can
view tlie measure favourably.
Groton, Shirley, Pepperell, Ashby, and
Townsend, in the County of Middlesex, are
named in the petition. How these towns
are disposed towards the petition I do not
pretend to know. AS for Ashby and Towns
end, they ought, properly, to belong to the
County of Worcester. They are so situated
as to render their connection with Middle
sex less natural and easy. Pepperell and
Groton, particularly the latter, will hardly
be ambitious of relinquishing their ancient
connection, and setting their faces towards
the new shire town over the hills to the
west. Their communication with their own
county is direct, daily, easy, rapid. 1t is
in the line Of their constant travel. For the
little they might save in distance by the
new project, they would lose by being oblig-
ed to give up all those facilities in the trans
action of business which they now possess |;
and any new ones that might accrue would
be Of rather doubtful character. To bring
Pepperell and Groton into the scheme, the
golden lure must be held out that Groton
shall be the shire town; and this cannot be-,
because it would be border town in the
new county. Besides, the new division
would interfere with the project suggested
in Groton, by which a different selection of
towns was made, and such an one as would
bring that town in the centre of the new
county.
The next reason assigned by GA Citizen"
for the petitioners, is "the delay of the citi-
zens in obtaining right and justice in the
courts of law"-which he afirms is felt in
an unerampled degree. The laws delay has
been subject of complaint ever since the
time of Shakespeare, and probably little
search would find more ancient authority for
this oft-repeated lamentation. There are
delays which are inherent; there are delays
which are accidental. The former of course
must always continue. Nor are they with
out benefit; for they generally secure a
more thorough investigation, and greater
degree of deliberation. 1t is better to err
on that side, than to rush into the opposite
extreme on the same principle that it is
better to decide right slowly, than to run
the hazard of deciding wrong suddenly and
rashly. 1t should be subject of gratitude
that our constitution secures to us full and
deliberate judicial Investigations. The lat
ter delays are but temporary they arise
sometimes from the number of actions to be
tried, or from their unexampled length !;
sometimes from the short continuance of the
Court; and quite often, it is believed, from
the negligence of parties or their attorneys.
In addition to this, at two of the terms of
the Common Pleas in this County, viz. June
and September, trials are not generally wish
ed by the parties themselves, as they are
principally Of the farming interest, and can
more conveniently pursue their rights at the
December and March terms. This is de-
lay,-and this IN fact often makes delay.
Throughout the interior of the State, BUSH
ness thus becomes crowded and pressing, at
one term at least of the Court of Common
Pleas in each year.
The reason which is assigned by GA
Citizen was made by him the strong point
In his communication, and was the principal
Inconvenience set forth and urged in the Pc
tition. Had the complaint been thus made
several years ago, there would have been
some truth in it, and might have been press
ed with some force: but now it possesses
little or no weight. The docket at Worces-
ter had become very much crowded; not
from the enormous quantity Of business
brought before the Court, but from the cir
cumstance that the terms were SO arranged
that the Court could seldom be held more
than four weeks in the year. This as every
one must naturally suppose would be INSULT
clent for county so large as Worcester.
Consequently mass of business had accu-
mulated for number of years, which press
ed upon the last December term of the
Court. 1t cost nearly four weeks of assidu-
Gus labour to dispose of it, and fastened the
death of Judge Howe, who has been Justly
characterized by the Chief Justice of the
Commonwealth as an "excellent man, dis
tinguished lawyer, able and upright Judge,
and sincere christian"
- pyvo L. Al. q