The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-01-16
VOLUME xlII-NUNBER 3.


difference ofopinion In oar community.
Lawn for the suppression ofdrinking hooso
and tippling shops hare bssn passed, dsdSnr
Cd 70 prohibit the ale Of fintoIioa ating drinks,
except Tor mechanical and medicinal pof.
poses. Thse laws have besn repealed. ssd
another enacted instead, hcsnsine and pr
hitting tho sale ofintoxicsting liquon fce
all purposes, under tho limitations and pen
sitios therein contained. This law ws1
passed under the alleged belief that Il would
better promote and tocurs the causs Of tsn.
pennce than one Of . prohibitory charsotsf.
This Is the state Of the question q Il 3 now
presented. What should b donsl HhAs
Is wisest and best3
Tho public mind has bssn much and
deeply agitatsd upon The matter, and u
would secm 70 b most wise, under existing
circumstances, not TO disturb tho prsssns
law until tho whole subject can Be more
dispassionately discusaed and determined.-
Such undoubtedly u the desire and expsctae
tion Of the people Of the Stab such sbs
implied, II not the actual pledge given IN
our recent election. Political bodies, liks
individuals, should always maintain good
hith-snd god faith requires that she Ques-
ton should not b disturbed during the
present session. Il b far better 70 wall
patiently until all angry feeling shall have
subsided, and when the whole subject can
bo more appropriately acted on. Then lst
Q we'll matupd and carefully prepared bull
be submitted directly TO the people, for their
approval or rejection, at meetings held ex.
pressly for that purpose. The question
would then b. wrested from the vortex Of
party politics, connected with which any
such measure must always, inevitably, b
exposed to Q constantly recurring opposition,
and fail TO secure that general acquiescenos
which alone can give IL permanence. Un.
der q government like ours, no law can
stand tho test Of time which docs not meet
the support ofs deliberate and enlightened
public Judgment. No judicious friend Of
either q license or prohibitory system oan
desire 10 800 either become law, again 70
be repealed. That law, and that only,
which shall receive the appreciation Of the
community, BY and for which It 10 enacted,
can be permanent and useful.
An independent Judiciary Is Of the utmost
Importance. A destruction Of that inds-
pendence 10 one step towards iu corruption.
Independent, honest and able. IL 10 ono OF
the strongest rampsrts Of defence for the
liberty Of the country, and the protection Of
is citizens. So far % may bo possible,
those who exercise the power should be Ne
moved from oil influence Of fear or hope,
upon its Judicial action. It exercises IT.
power over life, liberty, and property. and
therefore interests oil in tho highest degree.
That it should not depend, for tho exerclse
OF its power, on the auctuatiou, caprice or
whim Of party success, 10 most obvious, a
Judiciary thus dependent would soon loss
all respect Of the community, II 1t did not
become corrupt.
At the last session Of the Legislature, one
Of the justices Of the Supreme Judicial
Court was arbitrarily, II not unconstitu.
tionally, removed BY address. In the opln.
ion Of many Of tho best legal minds OF the
State the act was entirely Unconstitutional.
Whether 10 or not, It was at least confes.
sdly predioated upon an error OF judgepent,
honestly exercised 10 the discharge Of Official
duty, upon matter Of indisputabls juriS
diction. Such error, II crror II was, In.
volved no want ofadequate judicial ability,
Or integrity of purpose. II flor such cause,
q judicial officer may DO removed, in the
malice or madness Of party organization,
wherc is tho Independence Of the judiciary,
and what can 1t become but the mere In
strument Of party? Does our constitution
in truth contemplate right Of removal BY
address in such case? would suggest
tho propriety Of asoertaining definitely, how
Gar the power Of tho Legislature, under Art.
IX. Sec. s Of the Constitution, extsnds. II
it shall be determined, that . judicial officer
can be removed, In tho mode there pointed
out, for any opinion which may seem to the
Legislature erroneous, without other cause,
then would recommend such an amend
ment of the Constitution % will meet the
necessity of the case. Clearly, ifsuch pow.
or does exist, 1t may PROSTATE the Judicial
At the feet Of the Legislative and Executive
branches Of the government. The bad cx.
ample set by ono Legislature may be follow.
ID BY another. Such power, In my judge
ment, cannot co-exut with an independent
judiciary. At least, letthe matter, ifneces.
ary, be submitted to the tribunal Of the
people, whose whole interests are % In
timatoly and directly involved.
It may also become the duty Of the Legis-
laturo to ascertain whether tho public exi.
sencies require the aid Of additional justices
% discharge the duties that devolyo upon
the Supreme Judicial Court.
In a State like ours. where tho industrial
pursuits urc % varied, with large populA-
ton upon the frontier still Progressing into,
and subduinc the forests, there Is undoubt-
edly greater necessity for legislation. than
IN community where its industry has be'
come settled and systsmatired. But still,
one of the evils under which ws suffer Is CT.
cesivc and useless legislation. Continual
changes In our laws arc productive OF evil.
Legislation, a. far a. practicable, should DO
general, and designed To produce system and
order. Our people soon adapt themselves
TO laws 40 framed. Frequent amendments
soon leave IN In doubt as to what the law
Is. lie ~ho shall devote himself 70 prsysqt
unnecessary changes, and useles laws, wiii
acquire the reputation ofs conservative ana
wise legislator.
These frequent changes have led to the
necessity of revision Of our statutes, made
under The provisions Of the RssolTs. Of
March IL, 1855 and April !, 1856. The
code will DO submitted TO you for your ee'
ton. Such ordinary Legislation - shall Do
necessary ut this session may form part Of
the revised code. It Il, think, fairly 70 bs
presumed, that the principal object OF the
iIeoislation referred 70 was 70 condense ex-
sting laws, on tho sams subject, into one,
With such alterations and amendmsnn -
,he Commi.iouen shall recommend, and bs
approved by the Legislature. The enact.
;ng Of tbis code will 6e an important labor
for YOU 70 discharge. When statute has
!, ,o:iyed q judicial construction 1t would
an most wise 70 retain IL language, %
far a. pos,ble 30 - not TO render II necesa-
~ again 70 submit Is 70 the judiciary fog
The rsvision OF the laws viii
be labor which will require
onecr session Of the Legislaturs than would
b otherwise neccsary. Still, with that
legrec Of industry which will bo given 70
IA consideration, and with wise e6ort 70
prevent useless amendments, Il b sincerely
hoped our lAbon may not bs a. sxtsndcd,
md that an example may be set oil more
limited s-ssions Of the Legislaturc.