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 The Highest Courts of Law in New Hampshire.

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influence on legislation; and many of the re been accomplished, the State now presented forms that he suggested are now firmly held the anomaly of being absolutely judgeless, as a part of the governmental system. — a sovereign State with not the slightest To a certain extent he was a politician; vestige of judicial authority. This danger but his politics were of the highest order, ous condition lasted several weeks, and and he refused to be bound soul and body might have lasted indefinitely had it not to any political party. This rare blending been for the wisdom and statesmanship of of party policy with the general welfare was the Governor. conspicuously shown by his prompt ap All judicial appointments had to be con

proval of the bill to firmed by the Council, create a new judiciary, and at that time that and his persistency in body was made up giving the minority a of three Republicans fair representation on and two Federalists, the bench of the new who seemed willing courts. The court of to do anything ex which Judge Smith cept to compromise. was Chief was abol Unanimity was im ished by a strict party possible; but the Gov vote; but as some ernor nominated as question might arise Justices of the Su as to the constitution perior Court, Jere ality of this change, miah Mason, William every judge was spec M. Richardson, and ially addressed out of Samuel Bell. Rich office, thus making the ardson was promptly action secure against confirmed, and so was all possible question. Bell, after considera But this procedure put ble discussion; but the dominant party Mason's political views in this position, as were against him, and regarded Evans and thus was saved to the Claggett : If Judge American bar the ANDREW SALTER WOODS. Smith and his judges greatest common-law needed to be ad lawyer of any age. dressed out in addition to being legislated Thus furious was political policy. En out, then the old judges, Evans and Clag slaved to that touching tenet, that to the gett, had good cause of complaint, for victor belong the spoils, the five Councillors they had only been legislated out. In this wrangled, and got angry, because one side view they had continued judges de jure or the other might get some advantage in during the last three years, and still con the division of the plunder. In all, there tinued judges de jure. As their status were seventeen judges to be appointed, might be a cause of confusion and doubt, and Plumer insisted on giving the minority and the source of contention in the future, party its representation; so, accordingly, he the Legislature formally addressed them named seven Federalists to the new vacan out of their almost forgotten and ridiculous cies. But party prejudices were too strong; judgeships, thus extinguishing all claims un and though promptly confirmed, all but one der the old judiciary acts. All this having judge declined to serve. The best men in