Eastern times., 1855-10-11
Supreme Court.
PRoPosED CHANGE OF JUICES.

community. They have regard to the highest
interests both of the individual and of the State.
Upon the Supreme Court, is devolved by the
Constitution of Maine, the duty of expounding
the law, and of presiding over the administers
ton OF Justice according to law, IN all that at
fecis the more important rights of property,
of liberty and life 1t is the Tribunal of high
est resort, for the Interpretation of the funda-
mental law of the State as embodied in the
Constitution, and by that sacred instrument,
which is the chart of the peoples liberties,
the guaranty Of their rights and the only shield
for the protection of the minority against the
expressions of the majority, the Supreme
Court is constituted its especial guardian to
preserve 1t from encroachment or subversion
by other branches of the government
The duties of the Supreme Court are there
H fore, as we have already observed, of the
highest moment and of the most delicate and
difficult character. They demand in Judges
great ability, large knowledge, coupled with
purity Of life, a stern uprighlness of charac-
ter, gravity and moderation that shall have
won the respect and confidence of the commu-
nifty for whom they shall undertake to dis
charge these duties.
For upon the competent, faithful and ac-
ceptable discharge of them depend, not only
the present security of personal rights and the
public welfare, but the very integrity and per-
petuity of the institutions under and by virtue
of which these blessings are enjoyed. Allow
the duties of this Court to fall into intemper-
ate, incompetent or unfaithful hands, and fa-
tai blow will be struck at our institutions
They will be wounded in vital part. Once
let the fountains of Justice be poisoned, and
the whole beautiful fabric of our government
would be on the broad road to political death.
Even allow men, unknown to the cnmmuni-
ty, and without that hold upon lis confidence
which ability and integity exhibited for years
In It's midst alone can give, 10 become Judges,
and serious injury will be inflicted. Res
pect for the Court. and confidence in its wis
dom and integrity, both so necessary, will be
greatly impaired and perchance destroyed.
10 constitute good Judge requires COM
bination of qualities OF head, heart, temper and
temperament, by no means common; and for
this reason, those who upon trial have been
found to possess them, have invariably hereto
fore, we believe, been retained upon the bench
without reference to their political preferences
A new rule seems now, however, to be
adopted by the powers thai be. 1t is charac-
terisiic OF the dynasty. AS our readers are
aware, Gov. Morrill, has refused to reappoint
Justices Shepiey and Howard We exceed
present executive OF Maine. 1t is wrong-un-
pardonable.
Chief Justice Shepley is model Judge
We do not believe there is man in The State,
who is qualified TO discharge the ardudus du-
ties of that Office so.ably and acceptably as he.
Neither do we think there is man in the
State, who has the vanity to suppose himself
qualified to do it. Judge Shepley is one of
the ablest iurists in the whole country. His
legal learning and ability have contributed
largely to establish the reputation of the ju-
dietary of Maine, in its present honorable po-
sltlon abroad, as being among the first in the
Union while his purity of life, his conscien-
tions regard for duty, his learning, expert
ence, gravity and uniform urbanity, have won
the profound respect and regard OF the Bar
and of the people of Maine.
Judge Howard is younger man, and has
not had the advantage of SO long experience
on the bench vet for private worth, for assid-
uous devotion to the faithful, able and accepta-
bic discharge of his public duties, he has no
superior. The loss of these Judges from the
bench, will be public loss. The people of
Maine will so regard it-they would so regard
it if their places were 10 be supplied by the
best men who could he selected in the State
for their purpose. We need not say then how
great the loss, with such successors as Gov.
Morrill, has proposed.
Mr.. Goodenow Of Alfred, one of-those nom
mated to the Supreme Bench, is not unknown
to the people and to the Bar, in the western
portion of the State. He had some experience
on the Bench Of the District Court, when
nearer the prime life than now, and he did
not make an acceptable Judge. The expert
ment was failure. If without improved tenn
j b.,,I ~ Il 4
fee of higher responsibilities and more diff
cult duties, we shall be happily disappointed.
Under the circumstances, we should hardly
have expected the Executive, in the exercise
of discretionary power, the most delicate and
important conferred upon him by the constiitl-
tion, and usually supposed TO lie in domain
above considerations and partizan rewards, 10
indicate Mr.. Goodenow again for the Bench,
4 without some intmation of wish for far
ther trial from the Bar and the people.
The other nominee, Woodbury. Davis, who
is proposed for Judge Howards place, we
have recently heard of, but don't know We
hope Gov. Morrill, knows who he is, and will
have the kindness TO inform the people of the
western part of the State in relation to him.
He has condescended to tell US he is of Port
land
But how long has he been heree When
came he among us Who, beside Gov Nor
rili, knew that Portland could claim the honor
of so distinguished a citizen 1t is TO be pre-
sumed he knows something of the law, which
the Governor wishes him to expound for us
Where is his reputation as a lawyer! Who
knows him as such, either in this city, or in this
portion of the State, in which Gov Morrill, com
mands the people to allow him to hold the scales
of justice for them! Ordinarily it is considered
ofsome consequence for the people to know a
Judge, and to have confidence in his quaiiica-
tions of head and heart Mr. Davis NAV possess
these, but we are quite sure the people have
not yet found ii out. He is a stranger tc
them, and it would be no excess of modesty in
him 10 decline sitting in Judgment over them
until he has dwelt time among them, and be-
comes one of them. He is PROBABLY not a be-
lever in the doctrine of popular sovereignty
as Gov. Morrill, certainly is not but both may
learn to respect the will and the wish of the
people if they thus attempt to disregard it, and
treat it with contempt.
This last, most extraordinary act of most
extraordinary administration, bids fair to cap
the climax, as we hope it will end the folIies
of its yearling life.
Certain it is, we have never heard a more
general burst of astonishment and Indignation
from our citizens, than followed the announce
ment of these ominations.-Argus,