Eastern times. [volume] (Bath, Me.) 1846-1857, 1856-01-10

sistent with the liber 1t the citizens. Intem
perance IS great evil, the parent OF many sorrow,
vices and crimes, and every legitimate and prop
or means should be used to prevent it, But The
true foundation of temperance must be laid in ed
ucation. Fines and imprisonments terrify and
restrain to some extent but rarely reform. Every
man Capable of managing his affairs has the rgh
10 determine for himself what shall be eaten Of
drank in his own house, and any attempt by Law
to control him in the exercise of it, cannot be JUS
: tilted. But when one undertakes to ACT upon so.
ccty, by selling liquor, the law can properly pre-
| scribe rules for his government, he then makes
himself amcnable to the will OF others. Society,
in the employment of Il proper discretion, may
protect itself. The of sLimulants containing
the Intoxicating principle, has prevailed among all
nations from the earliest times, and 1t is not prob-
able, that it will ever be entirely abandoned
Whether a person will or will not use intoYica-
ting liquors as a beverage, is a question for his
own determination. One may persuade another
as TO what he shall do in relation to himself in
morals or religion but coercion in respect to such
action is persecution 1t is found in the senti-
nent, that one knows what is better for his negh>
Dor, than the neghbor knows for himself, and a
unity of will must be made by compulsa-
ton. An attempt of this kind IS at war with
the very element of civil liberty. The wants of
the community will be satisfied with very re
stricted sale by granting license in each city town
veniently accommodate the purchasers 1t is a
desirable object place the traffic in the hands of
respectable citizens. Innholders furnishing liquors
TO their guests and travellers alone, would stand
in the same situation US the United States should
be allowed to sell in the original packages And
there are some classes Of persons to whom sales
should be prohibited, those whose habits show
them unfit to be trusted with what they are sure to
use improperly.
The public good requires that no intoxicating
liquors should be allowed to be drank in the shops
| where they are sold. Such practices lead to
breaches of the peace and other conduct injurious
to society. 1t does not accord with wise and con-
sistent laws TO forbid the manufacture o an arti-
Gle, which is permitted 10 be sold. No doubt the
Legislature will enact law, with suitable penal
ties, that will accomplish all that legislation can
be expected to do, in promoting the cause of
Temperance.
| Although many well meaning persons have ap-
proved of the existing law this subject believe
ing it to be the best instrumentality TO advance a
good cause, it seems to me, that they have done
SO, without athorough examination and UNDER
standing of it, and that rational and unpreju-
diced man, who has studied it attentively, can
sanction its tyranica details. and recommend it,
as rule of government, to a free people.
| Ever since the organization Of the State, there
has been an intermediate court between justices of
the peace and the Supreme Judicial Court until
the year eighteen hundred and ifty-two, when the
district court was abolished The smallest causes
may now be carried by appeal from the decision
| of justice of the peace to the Supreme Court
Courts OF final resort where the lite, liberty and
/ property Of every person may be br yught into
controversy, ought not to be required 20 engage
in the investigation OF causes OF small magnitude.
They should be exempt from the hurry and con.
fusion of an ordinary business court. The mind
wcaricd with painful attention in hearing multi
| r a. r
numerous small actions, turns with diminished
viger TO The trials of larger ones.
| At present all the actions to be heard and de-
cded in one court, and the number for trial on
the dockets in the several courts is understood to
he greater than usual When so many actions
stand for trial, especially in the large counties,
great expense is occasioned to suitorS by delay,
and in the difficulty of knowing when to be pre-
pared for trial. A party must wait term after
| turn the slow actioI of the law before his term
will come. Not unfrequcntly witnesses are sam
mond and attend court at great expense, and it is
found that the court cannot sit long enough to
reach the cases in which they are to testify or that
| they must wait many days, and the Consequence
is that the actions arc continued These evils
are more or less incident to all courts, but more
especially to the present organization. 1t is the
duty of the State TO provide sufficient number
of courts, that there should be no unnecessary
| expense or delay III the administration of justice.
In my Judgment, the establishment of a Court of
Common Pleas would improve the condition of
the Judiciary and be measure Of utility and
economy to our citizens. Ii another court is
formed, it will be necessary to dimish the number
OF judges of the Supreme Court. A reduction
can be made to the desired number as fast as va
cances may occur.
Ii is somewhat remarkable that in the changes
our Judiciary has gone through, the highest court
for the decision of legal questions, should not be
formed in a strictly legal manner. Blythe pres
ent law, four judges are designated TO decide
qus tons OF law and equity and for the trial OF
capital offenses, leaving four attend jury trials
The four last named are not preciuded in express
terms from acting with the former, but such is the
| evident implication. Three of the members SO
designated rs law court may hear all questions
which may come before the court, but MAORI v
may decade them. Two judges out OF eight ca II
determine aquestiCns of.law.
BY the constitution of this State, there is no
suboTdination of one judge of the Supreme Judi
same footing Of equality; their powers the
same The Constitution does not even provide
for a chief justice The judges together consti-
tue the Judicial power Of the Stae and Il distinct
department Of the government. The Legislature
makes the laws and prescribes the jurisdiction Of
tile court, but the judges construe and eXpound
them. The title given to the court, Supreme
!
each member Of 1t belongs TO tribunal Of final
jurisdiction. No power is given TO the Legisla-
| ture 10 apportion their labor. When called upon
by the Governor, Council, Senate or House of
| Representatives IN the language of the Constitu-
| ton, 80 give their opinions upon important
| questions OF law aud upon solemn occasions" a
| majority of the whole number determine
them. If those who are not embraced in the law
court should insist upon uniting with tho sc who
are, and in taking part with them, who could
prevent il Ii the Legislature may prescribe
their respective duties. il might say that some Of
them should try one class Of cases and some an
other; some should conine their attention to
actions originating with Justices of the peace, while
others should examine cases of more importance.
| The preservation of the distinct and separate
powers of the government forbids that one branch
should exercise over another a supervision not
contemplated by the Constitution. II does not
seem to fall within the province of the Legisa-
ture, bur belongs TO the several members of the
court alone to divide and arrange their labors
among themselves, each one having equal author
itv 10 act as a member of a tribunal possessing
inal jurisdiction whether presiding at jury trials
or aiding in deciding questions OF law.
No one can be insensibe to the absolute me-
cessity of an upright and intelligent admins
tration OF justice. Our judges should be I'M
influenced by passion or prejudice in the dis
charge of their duties, looking only to what is
legal and just irrespective of the persons whose
causes are brought before them. 1t should be