The New York herald., 1844-08-31
nlisccnanlcs.
(From the Western Star.l

IL. a.
TT WILL now endeavour to canvass the proposed
j arrangement OF the Supreme judicial Court
Scion does not Inform us whether he means 10
abolish the present Courts oi Common Pleas or not
presume ne does not |; for if he does, the addi-
ton OF two Judges, and making two circuits, will
not answer the purpose. Canary man in his sober
senses suppose thai seven men can possibly do all
the Judicial business of ths Commonwealth civil
and criminals do not believe that il is In the
power Of nine men to do it.. If Scion does not
mean 10 abolish the Courts of Pleas, then his OBJ
jections, az 10 expense, are answered for il will
increase the sum, which government have 10 pay
IN salaries, 1t only two are added, or fSOO, and
still Keep up the old system at an unnecessary ex-
pense oi 60 or $40, 900 annually.
The revising Committee OF which the late Chief
Justice Gushing was Chairman, in virtue of an or
ported Judicial System-That part Of il, which
arranged the Supreme Judicial Court, is astollows,
TO wit: !" That the Commonwealth be divided into
three Districts, or Circuits; that the Supreme Ju-
dicial Court consist of nine Judges, any two of
whom to make a quorum on the Circuit, that three
Of the Justices be assigned every six months for
each circuit; that there be three terms annually
in each Of the middle counties. viz; Suffolk, Es-
sex, Middlesex and Worcester, and two terms In
each OF the other counties, except Dukes County
and Nantucket, where there shall be one Court ia
each, TO be holden fer both those counties at the
same time ; that the Justices at each term in the
sever8l counties have the same powers and Juris-
dlction that the Supreme Judicial Court now has
in all matters civil and criminal, and also original
Jurisdiction by process Immediately to that Court
so that all acts respecting Courts of Common Pleas
may be repealed. A Clerk of the Supreme Judi
cial Court is to be appointed for each county, 10
reside therein, and tor the ease OF the people, the
records to be Kept there that all the records of the
Courts OF Common Pleas be removed over to the
Clerks OF the respective counties, and to be in
their custody; that two terms of the said Court,
I ess sn six 81 the said Justices ss
make quorum, for the purpose Of determining
difficult points of law, arising in the circuits, on
wrts OF error, crtiorGri, special verdcts, demur.
rers, bills Of exceptions, motions for new trials,
and causes continued for Amusement, any Of which
may be referred TO the same terms by order Of the
Justices In their several clrcuIts that Justices Of
the Peace, IN each county, have the same jurisdic
ton IN all civil causes under "a value, wherein the
title to real estate is not concerned, as they have
heretofore had, with appeal Immediately to the Su-
preme Judicial Court"
Let US now see g if there are no well founded
Supreme Judicial Court" And whether it be So
Ions arrangement OF adding two, or that of the
revising Committee Of adding four more Justices
to the bench Of that Court. the objections in my
and thumb of the same hand, and are calculated
to end IN the same thing, an abolition Of all inter-
mediate jurltdictlon between the Court of single
Justice OF the Peace and the Supreme Judicial
Court, and the establishment of system that will
bring the final decision OF all causes to the town Of
Boston. - n. n.
First. Il is objection to this plan, that SO long
as all the criminal business is done in the same
Court IN which the civil business is to he settled,
the sutors IN civil actions Will always be subject
ed to great inconvenience, for 1t will always be
matter OF uncertainty how much time OF The term
will be consumed in getting through the criminal
list; Every person concerned in our Court, well
knows the prOpriety and even necessity Of getting
the criminal busins first. Hence the suiiors
in the civil causes are Obliged to wait, o,entimes
at vast expense with their witnesses, TWO or three
days before a trial can be had; and these inconve-
niences will increase the population OF the ooun-
try, and Of course the multiplication of criminals
Increase. AT Hampshire, April term last, the larg-
est part OF the term was taken up in the cri-
mlnal business, to the real damage Of those, whose
civil business could not be completed; and this
happens constantly at every term, in every coun-
~, where the Supreme Judicial Court now sits.
Secondly. As the salaries of the Judges are paid
out of the Pnblick chest, there is no reason that
the convenience of the thirteen distant counties
should bend to that Of the four middle ones--why
should Iot the business OF Hampshire, in which
there are as many suits as in Worcester, stand on
the same bottom! According to this arrangement,
four Counties would have almost half as many
terms as thirteen-But do not believe two terms
in each could possibly be sufficient to transact the
business OF the thirteen Counties. Six terms have
been found none too many-there are now two
terms OF the Supreme Judicial Court at Hamp-
shire, and more than forty continuances. What
proht would they derive from such system? Why
II isur Judges were added, they would have to pay
their proportion of the additional salaries would
have many of them TO so twice to Boston annually,
to attend the law terms, and would not gain shiL
ling advantage by the different arrangement Why
should the course of justice as TO prompttude be
different in different parts of the Commonwe ealth
The term of the duration Of lawsuit. IN the thir-
teen distant countless would be third longer than
in the four middle ones. Hence person living in
the middle counties, may have an execution against
him for money, perhaps six months, always two,
sooner than he can procure one against his debtor
living in one Of the distant counties
lRsmainder Of No. X. in our next.l