Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1805-02-11

x q
let their places of abode be in the capitol
or country are under greater temptations
to urge the adoption Of an. ilnprop-
er iylfem than thofe Of inferior handing
at the barr, whole characters as men and
citizens are yet leis known among the
people. :.
| have been led to thefe reflections On
reading the prohibition of writer in your
paper OF the twenty first inf. who feen,s
to condemn she propoied fyltem both in
principle and detail; and thinks no plan
can probably be devifed wholly fatisfaHo-
~. untilthe diitria of Maine be iepara,-
I'd from MaEachu(etfs and until that
Alii take place he recommends Court
this difrifs on the general principles
iof old lyaem thar exilted from 1000
OF "a lo-which tho not perfect, has lefs
50 ioN ftions, in his opinion than any
in,peFIN ntemplated.
other cNnt have nothing to FAY on the
al PFeN Maine cxcep ping tha, do
iep@fahon d the reafon why the evils
nor unaeIlta Judiciary cannot be reuledi-
o,Fhe exiItsngN as much to the general
ed as well, ann ple Of this diHria wh;le
inrerett OF the peo Eachufetts, as when we
we are part of Man re government. ia
mall be made iePqrN % his publication,
hazard a few itri6turesN ders tba, his n.
and point oar TO your reA ind obialy,,u,
lervatioa' OF the old JIqeaNkrea and essN
70 the prQta'ea one are not coz Mad perhaps
to1adsd IS tie obted Of Tbs, a Mink it viii
iome future letters in which IN ~ Of The
appear thar the general priacibnA unable
pyapo(ed jIIfen are efficiently confoN 70
to the. practice of other governmental
warrant sn experiment Of them and than
they are not uch departure from what
has paaed nnder our own eyes, as to de-
ierye the name. Of novel and dangercu
deviations from an effabIlned fyteIn rem
dered familiar BY practice and venerable
by time.
Among the deviations Of the propo-
FED tylte.n from the old one, this WI
ter .nonces, with Interpretation, tber;-
al eftu0s BY a jury ard one jadge, and the
trial Of lag eueiiions at Portland, Bottom
and Northampton, initead Of irving them
In each county as heretofore. 70 give
his objections to the new laSD eourf all
their force, he pronounces a panegyTic
on the old court, where FIVE Judges j.
tlne-ated once or twice a year into ev-
cry county, thai the advantages of the
latter may recommend its reGoration in
preference to the final eRablihment of
the former, he fays this court 7yas GER
fainiy relpef7abie ; its deeiEon5 qoe,s not
ecitb0nf expedition, eers4Asiy, E&/aem and GEN
eral appreciation.
1t is readily admitted the gentlemen
competing the court were learned and
truly respectable, and always deleryed
and poieiied the fullef confidence of the
people in all their conduit. But their de-
cihons were not, nor could they be 70 ex-
peditious as thoie of q court where one
Judge prefdes. The practice Of the whole
court, or ma :ority of them, as was gen
orally the cafe, to addrefs the jury, in
each caule, and after council had been
heard for both parties, necefarily prctrac-
ted trials 10 AIN UNREASONABLE lene ia.
The time required for each of the five
to pofefs the facts, neceaary for them
TO form a clear idea of the merits, mutt be
much longer than for one judge who has
the iole directing the whole tranfaaion.
Nor has the modern departure from tina,
practice been attended with any perceiva-
able evils, to juaify return 10 ii again
white the time gained 70 the tutors dem
onltrates the utility Of this part of the
'.Eem over tie old. When this writer