Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-12-24

10 Your IAsalcrtcr it canat he neceharv to oherve
that III county, Guch ours, highly conmerca and
where the governments leaves 70 every individual I'll io-
ame0sting hisroRdlun, thc relations IN To-
ciety and tLe ineres reianr frcm thcm end!eis
aad he rules neceerv for pcury ard regulation OF
them equally 10 renee The cence u tire sg becomes, a.
II refpecs rhe human capacity absolutely 1hine II -
therefore important, and indeed Indispensable, 70 bench
cial administration Ct jace, that, IN arranging Judicial
yito relpecE lod b paid the aordLg to the Judges
opportunity only OF retaining by hudy, Their pre-
fn ltock o. knowledge, bur o. making soditlons to a.
The law Of the Commonwealth conits, pnncpaifjs Of
the law; this has been materially altered, not
only BY a,ue but BY various cuaoms Ct the whoie, as
connected and confident yitem there e1s, at prelcnt,
no written e1rol.ivn, to which citizen, itudent
lawyer have rccouri. Hence the peIple ines OF docbt
and the evils Of uncertainty and hence nRumcEa5e un
ecelary law futs with all the anirnoy and expenle
tending chem Il i. 1)oilbe believed, to provide
remedy for this mitchell by any other means thah rePor-
ting the declhons of the Supreme Court ne Legislature
ienbe Of this have made proycn for that Purpole Was
the tyern recommend to be expe-,menred, we at-
0urielvcs the benefits OF it, this repect would ioon
be very comfortable On tbe other hand fear, that if
Tire Court inch make their prcgre through al
the counties the good ntenton OF the mcatre, W in
great decree, lie defeated
We are enhe that it has Gceu reprefented that the
Ioval Of actions from Circuit the Supreme Court will
be ncdnveuelt and expehfve We do in fact, believe that
few removals. would, Comparatively: take place This O.
pnien IS founded principally, Knowledge thai luch
has been the cafe in places where Gmar mode of
trial has been ucd and propoe 10 cheek renewals,
for tie purpole Of delay by muStng in
COTS the party who ial make them When cauie ihal
be removed there wall be epence Of wtnctes Parties
ncednot attend Eminent council viii, doubt, well
from croGty as from ineret chooie be preen; and
their convenience il propoed that the court lhal be
holden different parts of the Commonwealth Should IN
frances occur where the conel confded III fhoud
tend there will lie little labor turnnng the Court with
written arguments,
70 detail all tie teafon8 which have induced in our
minds belief Of the utility Of Operating, much may
be in trials the law from fact you'd too Ear trea
the time of your Exceency; we will therefore only add,
that is confidently believed that experience the only ure
guide political dtquitions, 2s decided in its favor. Ii
all inances where trial by r has been praGtfod and e.
paraton of the law from te c has taken place there have
been expeditions certainly fyem and their consequences,
qena Appreciation Where this has not been the cafe
fher expedition certainty, iyiteIr have prevailed To
iuitrae this petition by examples would perhaps be lvld
ious The fast individuality true, and we hope conhder
alton oft will influence the intelligent government or Mai
fachulets at leaf to make AL eSpetnient. ~.
It is undoubtedly Important, as well to individuals IS 10
the public that piotoa houid be made tor the ipeedy
trial ofcharges For crimes and e fenble dat the
prevailing opinion is, that trials IL thoie cafes ought not
be directed by ngle judge We prelume not 10 call
in quelion the correctness Of this opinion. As pubic fen
timent it is ioted to or roet We have attempted
obvate the objection originating from this iource, by alto
cang in uch trials the Judges OF The Common Pleas, with
the Juice or ufces The Supreme Court hodIng Cir
cut COlrt. lie gentlemen Cldn tholc CICes are men
of great confederation, and rpeted accordingly 70 this
may be added tlt wherever real doubt f.a exhe cafe
will by the prudence and dlcre0n OF tie Court, be refer
red to the final confederation Of the Supreme Court
Your Exceency viii perceive thae ii propoed give
the Supreme Court hpited original Jurdlton Thus
proportion founded in belief, that rival concurrent lurii-
dctions in judiciary do 1chief, and cannot fail
of producing benefit For the u!tnes OF tins cbterVaton
may refer the known principles q human nature ana
the unveral experience of the world, far know
this u}ieG This provifon rendered inportantf
refpect oud be paid another that OF aboIng appeals
and reviews This IS we believe, OF ndnpcnbe import
ance. There is nothing which tends render anmOdv
more ardent than long continued legal controversy and
all means iulfed by the end. Hence every exertlon
there reaton apprehend will under iuch ccurtan-
ces too freuently lie made to give wrong colorng to
facts and there exits a facility in doing it. by the admit
ion of evidence in the Of depotions. It, therefore,
happens too often all gentlemen conveant III
iuce tetfy that on the trials OF appeals actions
depending altogether upon oral eitimony, aiumc very
different complexion from what they ht exhibited; and
further variation their trial by review We deem IN
conteliby true that the verdict OF Jury satisfactory
the Court ought be conhdered nccntehbe evidence
OF the truth of the facts comprehented within IT, For 1t
will be recouetted that upon principles Of law, all rprles
III takes and may BE corrected by trial IN
other words new trials will always be granted whenever
the beeres that ubantia ice has not been done
nv the verdict. That controversies houli be terminated
as oon as conatent with difce, principle tom which
there ought to be deviation How far IS It violated IN
the allowance appeals and reviews What crne vexaons
what banef aninohtes, what enormous unnecetary ex
pennies originate from THE ource tnd how abiurd is IT,
that in criminal charges, capital one trial isconclu
five, while redrets for peronai injuries cannot DE obtained
until years anxious puruit ane dtreng oppoition
The remaining lube relative to jurics. Their intel
lgence integrity and Independence great Importance
in the administration of utice The ler9ice is and ought
be eee ned dfncton honorable to the mott reputable
men and it would be peculiarly uefu 20 the n,aglracy.
Nothing, then farely ought exa which will induce any
to conhder it degradation burthen Isl not FRANCE
then that Juces of le Peace, or the hrlt condera
and weight of character 10 their counties, and the moG
conveant with the people, and their concerns ihoud be
cxempted They conider the mitchell of an important
and ferrous nature, and moh hncerey hope will be
died.