Jenks' Portland gazette., 1805-01-21


the gass..,.--. e ,icir ,)a5fy They fseua bs
atranss=s- rnaaAed by tI,oie asIirgs, anu pre-.
rdices, ~iicn wiii eff1tt the belt of men In
enc neis s,iboriiocd of a crit.,e. 3et here three
out ot four. and ofeu all "a the Iuiticrs, of The
Court, Are inhabitants ot county aagfa the par
ty charged with capital osence. Oae Of the
liatsses of fs,stasa, provided, that ~ maA
6eaA BE- n &c IL III e1Sn county, and this is
perfectly consitent With another provliion, that,
5arits LA.l be faSea f,os~ fx eae.nty.
The Judges known to tie party as tcon
a. !io is charged with crane. HIS irie,.ds and
tn friends OF the Injured or murdered pesfons
viii hass every iucentive to ssseooae's the Court
Itc Iatoss are drawn by ior. hey come
fyom yariou. parts oi the county, and that I'M
nediatciy pre- edng t.e trial AS fooi. as they
aaoiate ihey ore iworn. Afscr all, The parry,
charged with capital offence, has>a right TO
challenge s4utaty OF them, without giving the
ssa9a Inc Court cannot be challenged.
And though the gentlemen compoiing the
eompot.ng the Court of Common Pleas are
men of great confederation and reipected as
fach accordingly" they are like luicepslble
of prepoAetEions as Jurors. and mach more ex-
polet 10 thele prepoheilions.
Be6des, want of lega! information, renders
thsie iutices unfit to preiide ia the queltions of
life and deat5. his iugeelion is n reflection
ON "the gentleman who compofed tho{e Courts"
That preseace Of compensation received by a
Iuitice of he ommon Plea, is inia6iciens to
command n.ediocrty Of talents, and no III
tucement to Improvement.
TO give the Circuit Court original iurifdic-
tion concurrent with the Commo Pleas, will be
unfayorabe T. the Adooiation of thcfe two
Courts The claiming OF ,isaLs may impede the
courle of juitice to the danger OF lde the pubic
fafety
tut" whenever real doubt ilsall exit, the
cafe is to be erred to The confederation of
the upremc Judicial ourt.' In fuch Court,
70 aiuciated, where there is no prepoGe zion,
dsa5ts eoiN slqcays exia and produce delay.
The pr,foner mua be funoned % coal to re-
main perhaps twelve months longer, TO OBTAIN
the advice of the Supr:mc Judicial Court
Thefe ,hines lhoeid not be - II the perfon char
eed, b< innaenf, he is entitled TO prompt. fpec-
dy and impartial trial, # gnilfy, pau,bment
Gall hoaion TIE belt sftbe f,aytgrV5r
s.. No appeals or reviews to be had but
by order of Court IL IS far tie -Ommcn4veai b
tsat there jSoad Be- an end Of litigation But how
are lawfuits to be ended No, by obltru6ting
the coarie of iu ice ann rendering the Court Of
fuch difficult acccis, as TO diicourage the honeit
man from claiming rsdreis bur by providing
an eafy, prompt, cheap and impartial mode of
trial. BY defining tights BY pfsin, .fmbk nnam
kiguoa5 yaAsl. and diffuing knowledge of tbgf
smsJ, through the community, that the people
may uuderitaad them. If theref re a remedy
for an error of the Common Pleas or Circuit
Court are within the reach of perions of mod
crate ability, the taking away the right of ap-
peal, through an innovation upon our ancien,
practice wouid be lets obieGt9nabie. But rash-
er than co rea errors, at iuch vaf exprnce
wenlal! acquefce in them as TIE iy5 sttq0o suiis.
It is much to be feared that departing from
n. fyRemof our fathers, erecting jadicato'ies
! our fevera counties, ,Ieis refpe6tabie than for
nery, ihutring our mott important concerns
into their hands, and throwing impc iments in
the way to obtain redreis, by removing from us
that Supreme Judicial Court whole Judges have
travelled through the country with little inter-
ruption for more than CENTURY, will in eff
feet, dry up the itreams OF Jutfice in the Com
monwealrh No one more carncaly wifhcs
than do TO fee the judiciary on as refpe6tsbIe
sfooting as formerly. Ii is fubjed fraught
with inexpicabIe difficulties and on which there
are, fear, too many projectors and innovators.
No plan can probably be deviled wholly fat
isfaefory, until the DifriS of Maine fhall be
eperated from Mailachuietts Until then, a
fepera,e Court for NAM, conffting of three
four, or FIVE Judges, though liable to objections
has perhaps the kaa imfntsi7isns. Let this
Court, with reporter to at tend them, 60 into
,he feveral counties in the Diffria twice year,
and let the Supreme Judicial Court of Malta
chufetts have controul over them fufficient to
fake away the conititutonsl objection. II this
project be as escspficnabis as the one | opPoie,
may il, tvifb fhat, meet with the public diiap-
probation.