Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-01-16
$l,5O A YEAR IN ADVANCE.

liberty, and property. and therefore in
terests all in the highest degree. That
it should not depend for the exercise Of
its power, on the fuctuation, caprice or
whim of party success, is most obvious.
A Judiciary thus dependent would soon
loose all respect of the community if it
did not become corrupt.
At the last session of the Legislature,
one of the justices Of the Supreme Judicial
Court was arbitrarily, if not unconstitu-
tioally, removed by address. In the
opinion of many of the best legal minds
of the State the act was entirely uncon-
stitutional. Whether so or MOI, it was
at least confessediy predicated upon an
error of judgment, honestly exercised in
the discharge of Official duty upon
matter of indisputa5le jurisdie ton,
Such error if error it was involved 70
want of adequate judicial ability, or IN
tegrity of purpose. If for such cause a
judicial officer may be removed, in the
malice or madness of party organization,
where is the independence of the judici
ary, and what can it become but the mere
instrument of party: Does our consti-
t, { o, in truth contemplate right OF re-
moval by address in such & case: !
would suggest the propriety Of ascertain-
ing definitely, how far the power of the
Legislature under Art. IA. Sec. j of the
Constitution, extends. If it shall be
determined, tina: a judicial officer can be
removed, il the mode there pointed out
for any opinion which may seem to the
Legislature erroneous without other
caus,. then l would recommend such an
amendmen, Of the Consi ution az will
meet TIE necessity Of the case. Clearly if
sucn power does exist it may PROSTATE
the judicial at the feet of the Legislatc
and Executive brancces of the govern
meat. The Tad example set by one Leg
islaturc lay be followed by another.
Such a .ower'in my judgment cannot CO.
exist Nth an independent Judiciary. At
least, let the matter, if necessary be sub
mitted to the tribunal Of the people,
whose whole interests are so intimately
and directly involved.
1t may also Sccomc the duty of the
Legislature to ascertain whether the pub
lie cxisencies require the aid of addition
al justices to discharge the duties that
devolve upon the Supreme Judicial
Court.
TIE REVISION OF THE STATUTES.
In a State like ours, where the indus
trial pursuits are so varied, with large
population upon the frontier still pro-
crossing into, and subduing the forests,
tn ere IS undoubtedly q greater necessity
for legislation, than in community
where its industry has become settled
and systemized. But still, one of the
evils under which We suffer is excessive
and useless legislation. Continual char
ges in our laws are productive of evil
Legislation, as far as practicable, should
be general, and designed to produce sys-
TEN and order. Our people soon adapt
themselves to laws so framed. Frequent
amendments leave us in doubt as to what
the law is. lie who shall devote himself
to prevent unnecessary changes. and use.
less laws, will acquire the reputation OF
conservative and wise legislator.
These frequent changes have lcd 10
the necessity of a revision of our stat
utes, made under the provisions OF the
Resolves March l2. 1858, and Apnl l,
1856. The code will be submitted TO
you for your action. Such ordinary leg
islation as shall be necessary at this ses-
sion may form part of the revised coae.
1t is think, fairly to be presumed tnat
the principal object of the legislation re-
ferd to was to condense existing laws on
the same subject, into one with such al
terations and amendments as the Com
missioners shall recommend, and be aP-
proved by the Legislature. The enact
ing Of this code will be an important
labor for you to discharge. When stat
ute has received judicial construction'lt
would seem most wise to retain its IAN
guage. as far as possible so as not to
render it necessary again to submit it to
the judiciary for adjudication. The
revision of the laws will necessarily be a
labor which will require a longer session
of the Legislature than would be other
wise necessary. Still. wi h that degree
Of industry which will be given to its
consideration and with q wise effort to
prevent useless amendments, it is sim
cerely hoped our labor may not be as
extended, and that an example may be
set of more limited sessions Of the Legis-
latuure.
AGRICULTURAL INTERESTS.
1t has grown into proverb. that he
who makes two blades of grass grow
where one grew before is a pnblic bene-
factor. The agriculture of every state,
is one of the most important and necces-
sary branches of industry. No state can
be prosperous without it. tits as old as
man, and we must depend upon it for
most of the neccessaries of life. That
policy which therefore. shall, in the great.
est degree developc the resources and
capabilities of the soil. and which shall
teach the best method of producing the
greatest crop at the least expence. is
surely worthy the attention of every
state. There can be no doubt that we
have soil capable Of producing. not on.
! ly all the substantial articles consumed