- .- .,,,},.
'ooNttacs’s.-1 I . ,
‘The proceedings ,of’Cougress.oo the last
_tlay,of tlte session were‘ omitted in our last,i_n
E;
’ order to make room: for. Mr‘. Adams’ I Irtaugtf-.
ral Address._« We give below all that took
place on thafday of any interest; _
Mr. For'sylh_ laid‘ tltefollcwing resolutions
on the table :-- . , -,
Resolvved, That while this House anxiously
desires that the slave trade should be univer-
sally denounced, as piracy, and as sttclr should
be,deto‘cted and punished, updertlie law of
nations, it considers that it wotrld be highly
iirexpedient to enter into e_ngageme‘uts with
any foreign power, by which the merchant
vessels ofthe United States would be expo-
sed to the inconveniences of any regtrlation of
search, from which any <me,rch‘aut vessel of
that power would be exempted. , ,
Resolved, That the purchase ofland from
a
- the Indians occupying it in the state of Geor-
gia, is a peaceablc extingtrishm'e'rr't of their ti-
tle, aud that a purchase should be made, ifit
can be effected on reason’able terms, although
the residttc ofthe tribes to which the said In-
dians may be attached, should not join in
' the contract.
Mr. Newton offered the following resolu-
tion, which lies on the table: ,-
“ Whereas the encouragement ofAg~ricul-
true and Manufactures has ever been consid-
ered~‘the best means of developing the resour-
ces ofa nation, and of giving to its Navigation
attd Comrirerce support, extension, activity,
and dtrration : and whereas opening roads,
and’ connecting, by canals, laltes, bays, and
rivers, for purposes ofiutercourse and trade,
have also been objects of primary import- .
auce to every'_enliglttcnéd government ; anti
whereas the U. States, when the fertility of
tlteirsoil, the variety of their climates, the
diversity oftheir productionsfiatrd the extent
ofthcir waters, and water-courses, are taken
into view, will derive the greatest advantages
from a system judiciotrsly formed, and carried
into execution, with respect to internal im-
provement; and whereas nothing can tend to
, generate and perpetuate the affection of the
‘ citizens for their country so much as the at-
tention of the Government thereofto whatev-
er relates to their different interests, all which
receiving, respectively, their portion ofthe"
solicitmle and care ofthe Government, and
flourishing under its operation, will increase.
the strength ofthis Union, give to it stability
and security, and, by diffusing knowledge, re-
move prejudices as to subjects, the inrporltauce
of which to be politically and rightly under.-.
stood, should be fully understood : Tuerefore,
“‘ Resolved, That a D'epa‘rt'ment, to be de-~
nominatetl the Home Departmeut.s|rould be
established, for the purpose ofsuperintenditrg
srltatever may relate to the interests of Agri-
culture and Manufactures, the prourotion of
harmony; and threatened our safety. Hap-
pily,however, past dangers, ' which appeared
to encompass us, weredispelled;-as Ianxiousl y
hope those of the present’ will be, inn’ spirit
of mutual forbearance,’ moderation, and wis-
-dpnr.» The debatesiu this House, to which
-and animated :¥but,,amids’t alftlre heats and
agitations ‘produced byour temporary divis-
ions, it has been my happy‘ forttrne to experi-
"ence, in an unexanr_pled’degree, the kindness,
theconlidenoe, and the affectionate attach-
ment ofthe Members of the House. Ofthe
.uuinerou‘s decisions which I have been called
upon" to pronounce from this place, on ques-
tions often suddenl started, and of much
difficulty, it has so fiappeued, froru the gen-
erous support given me, that not one of them
has ever been reversed by the House. I ad-
vert to this fact, not in a vain spirit of exult-
ation, but as furnishing a powerful motive for
undissembled gratitutle.
In retiring, perhaps forever, from a sittra-
tion with which so large a portion of my life
-has been associated, [shall coninually revert,
tlttring, the remainder of‘ it, with unceasiug
respect andgratitude, to this great theatre of
our public action, and with the firm belief
that the publicintetests and the liberty ofour
-beloved country will be safely guarded here-
after, as they have been heretofore, by.eu-
lightened patriotism.
Gentlenren: In returning to your respect-
ive families and con'stituents, I beg all of you,
without exception, to carry with you my fer-
vent prayers for the cotrtinuation ofyour lives,
your health, and your happiness.”
Soon after this, the House adj. sine dte.
Anntuzss on THE vrce PRESIDENT. -
In compliance with the notice of the Presi-
dent the Scnate ofthe U. States convened on
the 4th of March, at half past ten o’clcck,
when the following proceedings took place:
SENATE, March 4.-—\Ir. Mills, of Mass.
rose and said, that the Vice President, (Mr.
CalIroun,) being present, he proposed" that
Mr. Jackson of Tennessee’, being the oldest
Senator now present,should_administer to him
the oath of office. This being assented to-—
’I‘he oath ofoffice was accordingly admiri-
istcredto the Vice President by the General;
after which ceremony, he took the Chair as
Presideutofthe Senate. A short-‘time alter-
wards he rose,- and addressed the Senate as
follows: I , - ~-
, , Ger2tlem‘e'h~.q/Ilre Senate :
I feel deeply the responsibility of the sta-
tion, to which, as tltejiresiding officer of this
burly, I have been called by the voice of my
-fellow citizens.
To no other branch ofthe Government has
the constitution assigned powers tnore various
or important than to the Senate. "Without
intending to cxamine either their extent or
"those causesgave rise‘, were sometimes ardent -
‘.4
'3‘ If vacancies happen, by resigrr'ati‘ori-orv’oth‘-
erwise, during'the= recess? ol"—the legislature "_of‘
any state,‘; th‘e'Executive thereof may make
temporary appointments,” &w. .The subject
was laidover till-morrow, to which titne the
-Seuateiadjourned. 1 . --
‘ [For a contitruation of the proceediugs- of
-the Senate see the inside of this paper.]
The editor of the Nat. Jotrrnal,aft_er giving
a.description of the proceedings which took
place upon Mr. ./Mama’ Inauguration, says :
“ On this inte_resiing occasion, Mr. Admas
acquitted himself so as to conrnrand the re-
spect of all. Clotbed in a complete suit of
domestic manufactures,’ his appearance was
such as the imagination would conceive_ of
the Chief Magistrate of a Republic just be-
ginning to feel the extent ofits own resources,
and the importance ofits own character. In
the delivery of his address he was visibly and
considerably agitated ; while the ettrphatic
distinctness and propriety of his manner,
produced , a most striking and powerful ef-
fect upon his auditors. His compliment to
the wise administration of Mr. Monroe was
as jtrst as it was eloquent. That virtnotts cit-
izen retires from his high office followed by
the love and gratitude of a nation, to whose
prosperity he has so greatly eorrtributed. The
tnantle of his wisdom will fall on his succes-
sor: and may he alsofnlfil-the high dutiesof
this important station so as, like him, to pro-
mote the publicgood_; and, like hint, to merit
and receive the public gratitude 1”.
A correspohdent ofthe N. York Spectator,
who wasvan eye-witness ofthe inauguration,
says——“ Of the"inaugural address, I need say
notbing—it speaks for itsclf,and is worthy of
a President ol'tlre.Uuite'd States. The man-
ner of its delivery was fiue——it exhibited a
manly strength, wrestling with feeling which
threatenedto overcome it. His hand shook
like a leaf, but his frame was erect, and his
manner collected, and toward the close,bigb-
ly animated ; the , syllables were delivered
with a distincufess that pierced the ear, and
reached every extremity ofthe Hall. A glass
of water stood by.him, but he did not touch__it
till he had finished his address, and pronoun-
ced the oath ofcffice. The old President(so
we may now call him,)looked upon the scene
with an expression of paternal pleasure and
affection“; by his side were his daughters, atrd
on his left hand, sat the Vice President.”
Mr. .’lIonroe.—\Ve believe that there is but
one sensation produced throughout the whole
United States on the retirement of otrr vett-
erable cbieftuagistrate into the sacred reces-
ses of private life. He belongs now to that
exalted class offarmers who have wielded the
sovereignty of millions by the only legitimate
title to power, the acclanratioris of freeborn
millions: lte may now take Adams, and Jef-
ferson, and Madison by the lrand,wlrose heads
the progress of Science and the Arts, the in- charact.er,I may be permitted to remark, that are grey witlrage $3 with lronors—and whose
tercouse and trade belweentlre several states
by Roads and Canals, and all other subjects
, and matters appertaining to the cognizance
of such Department.”
while the other branches are confined, with
few exceptions, to what may be considered
their appropriate powers, to thisbotly, only,is
granted a participation mall the different pow-
l'€pUS8 is interrupted only by the benediction:
of a grateful people; Monroe has his char-
acter and his well tried services to console
him iuthe hours of his retirement. So ab-
M,._ rvejme, said, um,’ as we ,,,,e,,,,o,., of ers of the Government-—Legislativc, Execu- sorbed has he been in public business, that he
the House seemed not cccttpied for the mo-
ment, he would take -the-opportunity of mak-
ing a remark on a subject, in relation to which
he had,:at the last session, created some ex-
pectationin -tbejl-louse, and per baps in the
country : he meant the question ofa general
bankrupt law.
a member of ‘the committee on the Judiciary,
had occasioned sundry resolutions upon -that
subject, and divers petitions to be brought to
his attention. It would be renrembered, that
a majority of the Committee at the last ses-
A’ _sio'n‘rad reported against the expediency of
a general systernof bankruptcy. _ Differing
from the Comtmttee in that opinion, he had
signified an intention ofobtaiuing,ifhe might,
an expression ofthe opinionoftbe House up:
on it, soon as a matter intimately connected
with the question then pending, and still pen-
ding, before the Supreme Court, should be
decided. "It was well known that the State
iusolventlaws, so far ‘as they ‘applied to ‘con-
-tracts entered into before the enactment of,
those laws, had been declared ‘inoperative up-»
on those contracts. The more general ques-;
‘lion remained to be decided, viz : Wlretherj
such laws can ccristitutionally impair the va-§
lidityj ofany contracts, whether precedent ori
subsequent. When he called the attention of
the House to this subject at the close of the _
last sess‘ion,it was expected that an earlier
day would be fixed for the assetrrblirrgoftlic
Court this year; and that, in consequence of *
such arrangentetrt, the decision of this ques-
tion might be had in ‘season for the Hottse to
act on thesubject with a full knowledge of
what the exigeucy required at the present
session. That arrangement, however, was
not carried into effect. The bill to execute
it passed this House, but did not get thro’ the
Senate,and up to this moment, be had not
learned that that tribunal bad pronounced its
judgment in the case. He thought lhaldr:-V
cision would natttrally be thought important
‘to enlighten, usefulantl practical legislation ;
although, for onc'he was not of opinion that
its decision, ‘either way, would remove the ne-
cessity ofestablislriug a general system. He
remained folly of opinion that, in a country
so conuuercial, with so many states, lraving
almost every degree and every kind ofcon-
nexion and intercourse among their citizens,
true policy ttndjust viewsofpublic utility re-
quired that so important a- brauclr of corn-
tuercial regulation as bankruptcy, ought to be
uniform throughout all the states; and, of
course, that it ought to be "established under
the authority of this Govermnent. For his
part, entertaining this opinion, he should be
disposed to give an earnest attention to the
measure, and devote any portion oftimc and.
of labor to its preparation, whenever it should
appear to be the sentiment of the House that_
it ought to be adopted.
.Mr. Cla.y’_s ./flddress.—Tlre thanks of the
house having been presented to Mr. Clay for
"the able, impartial, and dignified manner in
Wlllcll he had presided over its deliberations
during the present session,’ he rose and made,
the following handsome address:
“ GEz\"1‘L1-:MI~:N : For the honourable testi-
mony which you lravc been pleased this day
to express to my ofiicial conduct in tbis,bigh-
ly distinguished station, I pray you to_accept
my profound acknowledgemetrts. Bear 14
years, with but two comparatively short inter-
vals, the arduous duties of the Chair have
been assigned tome. In that long period, of
' peace and of war, causes from without and
uithin,.o'fgreat public excitement, have oc-
casionally divided our councils, disturbed out
I
tive and Judiciary. .
In"-its Legislative character, it partakcs,
with the House of Representatives, in all of
the powers vested in Congress, excepting-that
oforiginating revenue bills ; in its Executive,
it holds an important control over the powers
and in its Judiciary, it constitutes the court
may be held accountable for an honest dis-
charge of dirty ; while from its peculiar char-
acter, as tlrc Representatives ofthe States, it
is emphatically the gttardian of their rights
and sovereignty.
It must be apparent that, on a wise and vir-
tuous exercise ofthcse important powers, the
success ofour free and happy system of gov-
ernment, in no small degree, depends. We
accordingly, find that the framers ofour con-
stitution have bestowed the greatest attention
on the organization of this body; and with
such happy success, that it is admirably adap-
ted to the discharge of each of its various and
dissimilar functions, as ifany particular one
only, instead of all, had been the sole object-
of its creation. So fortunate, indeed is its,
structure, lin every respect, that even time,
instead ofimparing, has had the opposite ef-
fect, of remedying what might, at first, be
considered the only defect in the body. At
the formation of the government, the mem-
bers ofthe Senate were, probably too few to‘
attract the full confidence ofthe people, and
thereby give to it that weight in the system
which the constitution intended. This defect’
-has, however, been happily removed by an
extraordinary growth. In the short space of
36 years, 11 new states have been added to‘
the Union,and twice. that number of Senators
to the body; and before the termination ofthe
‘next 4 years, the original number ofstates
senators will be more than doubled.
I feel, gentlemen, that I owe an apology;
or touching on strbjects which must be famil-5,
iar to this enlightened body, a_nd also for add-_.
ing, what must lire-'h'_no\vn to all, that a suc-I;
cessftrl discharge ofthe duties assigned. by the
onslitution to the Senate must. depend, not-"
withstanding theskill ofit-s organization, al-
most wholly on the patriotism and wisdom of
the members. These high attributes,I how-;
ever feel assured, from past and present ex-
perience, will never be wanting in the metri-
bers ofthis body. .
In fulfiliug your important functions,some-
thing will depend on the skill and impartiali-
ty oftbc presiding officcr. In regard to the
former, I can promise nothing. I am without
experience, which only can give the requisite
skill in presiding, and feel _ thatI must often
throw myself on your indulgence. I’ shall,
‘however,endeavor to comp’ens'ate for the want
of skill by the most rigid impartiality. In this
office, [shall only regard the Senate and its-
duties, and I shall strive with at feeling of
pride (in the station, I trust not reprehensible)
to preserve the high character already attain-
ed by the Senate for dignity and wisdom, and
to elevate it, if possible, still higher in the
public esteem.
The Address was attentively listenedto, 8L
_ respectfully received.
The oath of office was then administered
tothe new members-by Mr.Calhoun. Some
conversation took place on the case of Mr.
Lannran, rc-appointed by the Governor in the
recess ofthe legislature, the question being,
whether a failure by the legislature to make
a choice of Senator constitutes the contingen-
cy in which a Governor may appoint a Sen-
|.ator—-the language of the constitution being,
has neglected his own family concerns, and
an honest and honorable povertynow awaits
this hoary beaded servant ofa free people.-—
But we trust that united America will not be
afraid to do justice totlre venerable patriot,
and his stern, and proud and conscious integ-
His ,.e,a,io,, ,0 me H,-M5,,’ as ol'a.pp0lHllng t0,0flic8 -‘Hid forming treaties; rity demands and will accept ofuothing more.
In the recesses ofdomestic rctirertrent he will
before which all ofliccrs ofthe Government, see the blessings which hisadminismuion |;a_q_
brought upon his country, and happier than
kings and more majestic than emperors, he
will await the last dread summons; and in
that hour the benedicticus of grateful millions
will soothe the last struggle of dissolving na-
ture.—Balt. Anrericarr.
THE JUDICIARY. _
The following article, on a subject of no
common importance, was cotntnuuicated for
the Hattfordsiflerctrry by “an eminent Jurist’
who (says the editor ofthe Mercury) has spent
most ofhislife in the study and practice of
the law.” The editor of the Register thinks
this subject, with that of Districtiug, will be
the leading topic of discussion by our next
Legislsture. Ifsttch be the case it is very do-
sirablc tlratsome pains be taken to enlighten
the public mind on the subject that the Rep-‘
reseutativesoflhehpenple may act upon it rm-;
derstandingly and correctly.
VVHY it should -happen, in most ofthe civ-.'
ilized nations ofthe world, that the pursuit’
ofJustice is -sodilatory and expensive, that,
the object is almost unattainable,,it is not im-_
portaut to inquire. Ofthis, however, as of
tnost other errors "in political systems, the‘
cause may he found in the principles of-bu-.
nrau nature. Delay increases expense,and'
F"_expense enriches sotnebody’s pocket.”-’
Since the cstablislrtnent of free constitutions,
and the exercise of power-by the people at
large, whosegood alone is to ‘be consulted,
great r_efo_rmations have been efi'ecte_d in this]
and all other ‘departments ‘of ‘government.--_
But the attachment to_old systenrs,even where
changes are safe and their good ' effects obvi-
ous, is so strong, as greatly to retard the pro-_’
gress ofimprovemeut. On the subject of
this article the public mind in Connecticut is
not at rest. Changes have been made, from
time to time, for the last thirty years 8?. much
good has been effected ; btrt the remaining
evils ofthe system areso sensibly felt, that, at
almost every session “of the Legislature, at-
tempts are made for a more radical reform.
A. little reflection will satisfy ‘every candid
mind, that such a reform is necessary, and
may be made with the utmost ease and safety.
It is well known, that although our present
system is much itnprovcd, it is, still, needless-
ly dil-atory and expensive, and not well a-
dapted to the attainu;en‘t ofjustico.
But two objects are to be accomplished -by
thejudicial department, (viz.) ‘first-the «trial of
facts; and,secondly,the application of the
law to those facts. Consequently, we need
but two tribunals, -for all cases above the juris-
diction ofajjustice of the peace. The ob-
jects are veryxsimple, and no complicated sys-
tem is necessary for -their attainment. The
Superior Court is sufficient for all trials by
jury, and the County Court,aas I will show, is
a useless and expcnsive- burden. on the .com-
munity,and oughtto be abolished.
As the law no.w_is, every case ~eutitled to
trial byjury must be brought to the County
Court. After at least one, and generally two
or -three terms, an appeal is bad to the Supe- ‘
rior Court.’ Either party may appe'ti_l'witli'out.
a trial. Allthe proceedings, whetheratrial
is ltad'there or not, are utterly lost.‘ ’~Tt".'e‘
case is tried-‘in the Superior Court in the
ally returned there. No lristory is there al-
lowed to_beigiven' of the previous trial. ‘But
aidelay has been incurred from six to eighteen
months, in passingthrongh this useless cere-
mony. Itis evident, therefore, that the Coun-
ty -Court, in regard. to cases appealed to the
Superior Court,’is‘ worse than useless. Be-
sidesthose cases, they have, at law, ]ina_lju-
risdiction of appeals fm.justices ofthe peace,
-and exclusive jurisdiction to the amount of
thirty-five dollars only; that is, the difference
between the jurisdiction of a justice of the
peace, and the appellate powers ofthe Supe-
rier Court. A jtrstice has jurisdiction to the
amount of thirty-five dollars, and as cases a-
bove seventy may be appealed to the Superior
Court, the intermediate sum of thirty-five
dollars is all of which the County Court have
exclusive cognizance. As Courts of Chan-
cery the cases before them are very few ; as
it is the aim of every petitioner so,to frame
his bill, if possible, as to exceed their jurisdic-
tion. All this, togetherwith criminal cases,
may, upon the system I propose, be transfer-
red to the Superior Court, without any addi-
tional burden upon the judges. If so, the
measure is certainly desirable; for besides
the useless and burd'ensome delay of passing
through the County Court in all cases ofwhich
the Superior Court has jurisdiction, the ex-
pense is enormous. The sums annually ex-
pended and worse than lost, by the State and
by individuals, in paying twenty-forrr judges,
eight clerks, as many sheriffs, with their dep-
lilies and waiters, together with counsel,ju-
ries, constables, expense offirewopd, station-
ary, &.c. &r.c. to gain nothing but delay, em-
barrassment and vexation, exceed the whole
amount of our annual State Tax.’
Another feature in our system, which is.
almost an anomaly in the civilized world, is
the power vested in the Judges ofthe Supe-
tior Court to revise their own decisions in or-
der to correct their own errors. Otrr Court
ofErrors is composed ofthe very men whose
errors are to be corrected. It was inadvert-
ently said in the legislature, when this system
was adopted and the nine judges were con-
stituted a Court ofErrors, that such was the
principles in the judiciary systems ofEng|aud
and New-York ; whereas, in both these sys-
tems, no judge is ever a member, ex oflic-io, of
the court of last resort, in which the decisions
of his own court are revised. In New-York,
indeed, the judges ofthe Supreme Court may
aid in revising the decrees ofthe Chancellor,
and vice verso; but every judge is excluded
from a seat in the Court of Errors, not~ouly
where he has officially given an opinion, but
ifa decision of his own court is in question.-
To exclude thcjudges who preside on the tri-
al of the fact from the court of revision, is to
imposeavery important guard, not only a-
gainst legal error, but against favoritism and
corruption. Ifa Judge could not follow the
case into the Court ofErrors, he would have,
comparatively, little opportunity to accom-
plish a sinister object. His only security a-
gainst a reversal ofhis opinion would be the
soundness of the opinion itself. But tire-
most innocent ‘man may have the pride of o-.
pt'm'o1r.'. This affects, more or less, almost
every human heart. To reverse one’s own
decision. or patiently submit to its reversal, is
among the rare instances ofjudicial magnan-
imity ; and who does not know the sympathy
which must pervade a bench oflromassociates?
Another evil results from the union ofthesc
incompatible duties in the same man, which
is constantly increasing, and must soon be-
come intolerable. The decisions ofthe court
ofErrors must be had when all its members
are exempt from circuit duty, and when there
are no interfering sessions of the County
A courts. Ofcourse, they are able to bold but
one session in each courtly, of four days in a
yezrr,tlrat is, from Tuesday to Saturday. In
this short period after a whole year’s.iuterval,
all the decisions of the two preceding terms
of the Superior court, which are called in
question, are to be revised. Thus, every case
from the first cfthose terms, must be delayed
one whole year before it can be sent back for
a final determination; and in those counties
where the business is great, many cases are
continued in the cotrrt of Errors, and conse-
quently suspended two years for the want of
a few hour’s time to dispose ofthem. Semi-
= annual sessions ofthe court of Errors, which
might be held by Judges who had nothing
else to do, would remedy these evils. _
Tire needless expense and delay, and dan-_
ger to the correct administration of justice,?'
which I have suggested, may all be obviatedv
by a very simple alteration in_our system. A-,'
bolishthe county court, and transfer all their;
jurisdiction to the Superior court. Constitute
an independent court of Errors,to consist ofS
judges. , Let the Superior court consist of 3
judges only, audin all other respects remain‘
as it is. It may, at first view, be supposed that
the transfer of all the judicial duties of the
county court to the Superior court, together
with the reduction of the number ofjudges in
the—latter_, would impose anunreasouable bur-
den on those who remain. I will now demon-
strate, that such a supposition is erroneous.
The Superior Court now consists of live
judges“ They hold two sessions annually in
each county, and the average time spent in
this duty, is thirty;/hue zbeeks in a year-——that is
to say, 7 weeks_t9 each judge. Each judge,
also, spends eight weeks in the year on the
circuit ofthe Court of Errors. The whole
titne, therefore, now spent by each, isfiflcen
-weeks in the year. If we had three Judges
only in the Superior Court, each one being
exerupted,as by the proposed system he would
be, from the Court of Errors, and hisfiftecn
weeks devoted to the duties :of his own court,
the arnottnt of time spetrt on the circuits would
be _/‘orig/five weelcs-—or'tc-n weeks tnore than
are now devoted to the same business.- If,
therefore, the Superior Court were. reduced
to three in number, and separated from the
Court ofErrors, they might, without addi-
tional labour, devote -ten weeks more to their
own duties. This, as I will now show, would
probably be sufficient to perform all the addi-
tional business resulting from the abolition af
theCounty Cuurt. I am very Well aware
that the amount of time now occupied by the
-County Courts, is much more than rhe,sup-
posed addition to the terms ofthe Superior
Court. From that amount, however, is to_be
deducted, all the time consumed by the coun-
ty Courts in trying cases which are afterwards
{appealed ; for,'b_v those trials, the burdens of
the Superior Court are not at all diminished.‘
satire manner as ifthe u rit- hadbeen origin-.
«
This will -be found a_-great item; - Althol. siiclt '
‘trials are of no use-for th_e_attainrnent-ofjus-
tice, yet there are several causes which ten
to rii'u’ltiply;' them. In a‘1.l’lllme|'Ull8 class of
costs which may afterwards accrue, unless his
damages shall finally exceed seventydollars.
his disposes each party too trial‘ in the
County Court, in order to compel an appeal-
rfrornhis adversary. Another cause of these‘
useless and expensive trials in the court be-
low, is the wish of each party to draw out the
strength of the other ; anarid seldom accom-
plished, as the object ofthe game is mutually‘
understood and evaded. or these, and_oth-'-
or reasons, much delay and expense are in-'
curred in the County Court, without making
any real progress in a case, and the whole
business is done over agairrby the court a-
bove, in the same manner as ifthere were no
court in existence. It is also to be considere
that a great proportion of the tiroe spent by
the county court, in snrall cases, as well as
those appealable, is in the disctrssion ofpoiuti
which would pass without debate before :3
judge well educated in his profession. I do’
not intend any disrespect to the Judgetio
the county courts ; but it is well known‘, that
merous class of gentlemen, which will enable’
them to withdraw their attention from other"
pursuits, or be sufficient to command ‘talents’
and learning ofthe highest grade. _This is‘
avowed by the Legislature, when they subject
the points oflavv-in et.'er_y case, however trivi-'
al, tried before that tribunal to a revision on‘
writ of error,by a single judge of the Superior‘
Court. This, again, is, I circuity which
ought to be avoided.
From these considerations, to saynotliitrg’
ofothers which might be adduced, I think it
obvious, that the titrre spent by the county
court is greatly disproportioned to the aid
they afford to the superior court in conducting
the jurisprudence ofthe. state ; and the prop-
osition I advanced must appear reasonable,
to those, especially, who are. familiar with the’-
subject, (viz.) that the ten weeks _wottld prob-'
ably be sufiicient for the additional business
resulting from the abolition of the County
court. If, however, ajudge ofthe superior
court should spend twenty weeks in a year in
public business, instead ofjifleen, he would
do less labour than trrany ofhis rank in our
sister states, and still have thirty-two weeks 0
leisure for study and recreation. The busi-
tress ofthis state would not probably. in twen-
ty years, ifever,render an ‘additional appoint-
tnent necessary. It would add nothing to the‘
amount of business, but materially conduccfl
to the convenience ofit, if in Hartford and
New-Haven, and perhaps in New-London 8::
some other counties, twospecial sessions were
annually held by a judge, for the trial 0
criminal cases. The attorney for the state
has the privilege to interpose those cases at
any time, and is often obliged to do it to the
very great embarrassment of other business.
All the additional expense oftlreproposed
alteration is tltesalary ofa single judge. \Vc
have now five in both courts, and should then
have three in each. -The simple interest of
what is wasted in our present system, in one
year, would more than pay his salaryforever.
Thus the establishment of the Superior
court and the Supreme co,urt ofErrors as dis-
tinct tribunals, the farmer to be invested with
all the judicial powers ofthe present county-
courts, would seem to rue to render ourjudi-
ciary system as simple and as perfect as the
nature of the subject will admit. The admin-
istration ofjustice would be cheap and expe-
ditious—-the two courts would form a very im-
portant check on each other, and a guard a-
gainst mal-administration either from ignor-
ance or design. But the County court has
important duties which are notjualrlcial-—such
as laying out lrighways,licensing tavern keep-
ers, tanners and surveyors, appointing con-
servators, packers, Sec. and taking care ofthe
gaols, court houses, and other property of the
county. Thejudges ofthat court, too, have
certain individual duties, such as setting with
a judge of probate to hear appeals from com -
missioners on insolvent estates, and attend-
ing, on appeal, upon supplications by impris-
oned debtors for the oath. For all these ob-
jects three commissioners might be appointed
in each county. Two sessions in the year,by
each board, oftwo days each, would, in gen‘-
eral,be tnore than sufficient for all they would
have to do. They might receive the same
judges ofthe ootrnty courts. Men of sound,
practical wisdom we-uld be competent. for
: those duties. Tlrereis no reason why they
should be vested in a judicial tribtrual.
BY ms EXGELLENCY, oLtvr:n WoLco'r'r,
«fl PROCLflM./1’1'lOJV'.
The existence ofa Supreme Creator, and of
a Divine Superintendence, being certain;
and the invariable connexions which He
has ordained between order and virtue,jus-
tice and prosperity, duty and happiness, in
the relations of nations, states,conrmuuities,
and individuals, being clearly revealed, and
also demonstrable by turiversal experience;
I HA"E thought proper to appoint Fri-
day the first day Qfflpril next, to be a day of
Public FASTING, HUMILIATION‘, 8: PRAYER,
throughout , this State. And I hereby invite
the Ministers and Teachers, of all denomin-
repair, on said day, to the places appointed
for their public worship, then and there to
present their humble, devout, and coutrite'
supplications to Almighty God,tbat He would
graciously pardon all our sins, and enable us,
by sincere repentance, to conform, in future,
to the rgqtitrernentsof Hts ulvill, anid especiigilf
to en eavour to ttmtate tie per ectau '9-
vine example of His Son, tlte Saviour and
Judge ofmaukind.
Also, to implore divine blessings on our
country ; that He would still foster and extend
the vine, which he has here planted ;that He
would guide, direct, -and bless the "President
of the United States, and all others, who are
entrusted with public concerns; that He
would illuminate their minds, with wisdom 8:.
prudence; guard‘ them from errors and dis-
scntions; confirm and perpetuate our trnion ;'
prnjsper ‘the jpwful irrpjtrstry of It-Ijsippoplg j.-.
an >cou oun every evrce, w not ras een
formed for ottr annoyance. - ’
Also, to entreat His blessing on all man-
kind ; that helwouldj cause justice to prevail ;
that despotism, fraud, hypocrisy, and super-
and liberty may be universally diffused ;, and.
the earthbe filled with His glory.
_ All servile labour and vain recreations, on
said day, are by law forbidden. ‘ «
cases, if a plaintiff appeals,',he_ca‘n obtain no ‘
a compensation cannot be afforded to that nus’, ~
per diem allowance which is now made to the L
atious, with all the good People thereof, to ‘
stition may cease ; that Christianity, scicnoe.,_. "-