The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-01-11

consistent with the liberty OF the Citizen
Intempemnce is great evil, and the parent
of many sorrows, vices and crimes, and every
! legitimate and proper means should b. used
TO prevent it. But the true foundation Of
temperance must he laid in education. Fines
and imprisonment terrify and rcstnin to
some extent, but they rarely reform. Every
man capable Of managing his affairs has the
right to determine for himself what shall be
I eaten or drank in his own house, and any
attempt by law to control him in the exercise
of it, cannot be justified. But when one un-
dertakes to act upon society, by selling liquor
the law can properly prescribe rules for his
government, he then makes himself amenable
\ 10 the will of others. Society, in the en-
ploymcnt of a proper discretion, may pro-
tect itself. The use of stimulants containing
the intoxicating principle, has prevailed
among all nations from the earliest times,
and it is not probable, that it will ever DO
entirely abandoned.
Whether person will or will not use in
toxieating liquors asa beverage, lisa question
for his own determination. One may per-
suade another as to what he shall do in re-
lation to himself in morals or religion, but
coercion in respect to such action is pcrsccu-
ton. Ii is founded in the sentiment, that
one knows what is better for his ncighbor
than the meighbor knows for himself, and n
unity of will must be made by compulsion.
An attempt of this kind is Mt war with the
very elements of civil liberty. The wants of
the community will be satisfied with very
restricted sale, by granting licenses in each
city, town and plantation, to no more sellers
than will conveniently accommodate the pur-
chasers. 1t is desirablc object to place the
traffic in the hands of respectable citizens.
hnholders furnishing liquors to their guests
and travellers alone, would stand in the
same situation as the heads OF families. I'M
porters under the laws of the United States
should be allowed to sell in the original
packages. And there are somo classes of
persons to whom sales should be prohibited,
those whose habits show them unfit to be
trusted with what they are sure 10 use inn
properly.
The public good requires that no intoxicat-
ing liquors should be allowed to be drank in
the shops where they are sold. Such prac-
tees lead to breaches of the peace and other
conduct injurious to society. II does not
accord with wise and consistent laws to Tor
bid the manufacture of an article, which is
permitted to be sold. No doubt the Iegis-
laturo will enact law, with suitable penal
ties, that will receive the appreciation of the
people, and will accomplish all that legisla-
ton can be expected to do, in promoting the
cause of temperance.
Although many well meaning persons
have approved of the existing law on this
subject, believing il to be the best instrument
tality to advance a good cause, it seems to
me, that they have done 30, without thor
ough examination and understanding of it,
and that no rational and unprcjudioed man,
who has studied it attentively, can sanction
its tyrannical details, and recommend it, as
a rule of government to free people.
Ever since the organization of the State,
there has been an intermediate court between
justices of the peace and the Supreme Court,
until the year 1852, when the district court
was abolished. The smallest causes may be
carried by appeal from the DECISION of u JUS
tice OF the peace to the Supreme Court
Courts of final resort where the life, liberty
and property of every person may bc brought
into controversy, ought not to be required
to engage in the investigation OF causes of
small magnitude. They should d, exempt
from the hurry and confusion of an ordinary
business court. The mind wcai'ed with
painful attention in hearing multiplicity
of motions, adjusting and disposing Of nu-
mcrous small actions, turns with diminished
yigor to the trial of larger ones.
At present all the actions to.bc heard and
decided are in one court, and the number for
trial on the dOckets in the several courts is
understood to be greater than usual. When
SO many actions stand for trial, especially in
the large counties, great expenses OCCASION
ed to suitors by delay, and in the difficulty
of knowing when to be prepared for trial.
a party must wait term after term the slow
action of the law before his term will come.
Not unfrequently witnesses are summoned
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 testi-
fly, or that they must wait many days, and
the consequence is, that the actions are con-
tinued. These evils are more or less incl
dent to all courts, but more especially to the
present organization. Ii is the duty of the
State to provide sufficient number of courts
so that there should be no unnecessary ex-
pense or delay in the administration of JUS
tice. In my judgement, the establishment
of Court Of Common Pleas would improve
the condition of the Judiciary and be meas
urc of utility and economy to our citizens.
If another court is formed, it will be neccsssl-
ry to diminish the number of judges of the
Supreme Court. A reduction can be made
to the desired number rs fast as vacancies
may occur.
Ii is somewhat remarkable that in the
changes our Judiciary has gone through, the
highest court for the decision of legal qucs-
tons, should not DO formed in q strictly
legal manner. BY the present law, four
judges are,designatcd to decide questions of
law and equity and for the trial of capital
offences, leaving four to attend jury trials.
The four last named are not precluded in
express terms from acting with the former,
but such is the evident Implication. Three
of the members 80 designated rs law cOnrt
fore the court, but majority may decide
them. Two judges out of eight can deter
mine all questions of law.
BY the Constitution of this State there is
no subordination of the Supreme Judicial
court to another. They all stand upon the
same footing of equality; their powers are
the same. The Constitution docs not even
provide for chef justice. The judges to-
gcthcr constitute the judicial power of the
State and distinct department of the gov
eminent. The legislature makes the laws
and prescribes the jurisdiction of the court,
but the judges construe and cxpound them.
The title given TO the court, "Supreme Ju-
dicial Court" by the Constitution, implies
that each member of it belongs tot tribunal
of final jurisdiction. No power is given by
the Legislature to apportion their labor
When called upon by the Governor, Council,
Senate or House of Representatives, in the
language Of the Constitution, T" to give their
opinions upon important questions of law
and upon solemn OCCASIONS" majority Of
the whole number can determine them
If those who are not embraced in the law
court should insist upon uniting with those
who are, and in taking part with them, who |
could prevent it? If the Legislature may
prescribe their respective duties, it might
say that some Of them should try one class
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