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

Il Ne
! do not know what ekceilency in partic-
ular he intended, to predicate en- the old
tyltenl; becauie the deci.ions of all courts
as underffands them are CERTAIN.
Probably | do not exaetiy underaand
him. ,-
As to THEIR SYSTEM, ! think very
little can be laid of it by way of recon-
mendation.. Becaufe as far back as my
memory carries the. a want Of lvltem in
their decifion, was iubjca of complaint.
The judges themleves, have acknowl-
edged and lamented that foch was the
contribution and intermixture of the court
and jury, and the prefs Of buGneis 70
great, IN the trials of ta9s, as to render il
impoalole for them to preferve, any thing
like SYSTEM or LEGAL CORRECTNESS
IN their deciiions. To this want of fyf-
tenn the preIent confuied fate Of praaice,
the variant opinions Of, Judges, and law
yers of the oldel ltanding at the bar, give
confirming ,effimony. But it. mulb
be remembered this want Of, or inability
10 preierve iyfsm and conformity, 70 me-
ce1lary in the administration, Of civil and
criminal law, was not In the leaf charge
ale to the. gentlemen who. filled the
bench, but flowed as neceGary COME
queuce from the Judiciary fyfem itfelf;
and tor which the SYSTEM under confid-
Grafton profeaes TO afford remedy.
Whether this remedy will be attended
with any, and what inccnyeniences may
be the fubjed of after enquiry, There IS
no GROUND, to believe the decilons, on iu-
~ trials, before the old court Of five udg-
es, were more satisfactory to the parties
or diinterefted fpedators than dee lions of
Ehe diNrid court of the United States,
Mich are held by one Judge or of the
~ circuits that have been occafonally
tat only two, and lonetimes by
held \ltice,o the fupreme judicial court.
fngle in this particular, which fome of
ihence,\kt es of the old fyfem conhder
the advoc It one, difcover no caufe of
an 'mRortaN s old over the propoIed iyr
tenn. \on from This vi1eoo
6 4 deviat of fvc ;adgs, ridine
(tbat j, The (Jfeh~Gd.W The war 1905
The tirtMts ,aObieb exj1NAperhaps, by in.
g rendered neceiIary and nrohertv
g create Of populationN u of much
has been the giounN " This ap.
$ uneafnefs and complaint! Non. This
pears to me mifrepreientaA snd com.
writer attributes the uneahnefs( dev;at,on
plant to wrong caufe, viz. 10 a hat had
or change Of the judicial fyaem \ las the
exilted from I69o,to 1900 wherN nom.
real caufe of all The uneaGnels and ~,
plants, and of tbe deViation5 fbemleiAn
was that butinefs had TO accumulated y
this old and veasra6le fsmt that in
mott counties an action could not be\
brought to trial in lels than three or four
years, * in no county under two years,
from its commencement. This, with all
the venerat;on due to an ancient eitab.
lifhment, and yielding TO its advocate all
the expedition, certainty jyasm and appr0-
ration he. pleaies TO ak for it, was an G
Will not 70 be endured any longer; nor
could the prejudice in its favor fupprcfs the
complaints Of Tutors. twas sho an in
creating evil, for every year brought on
the docquetS more adions thanthe court.
with all its energies, could try and diff
pole of, nor do fee how that fyfem
can be reitored withou, bringing in its
train many if no, all its cid evils.
| do not believe the pkople have any,
peculiar attachment TO the old ryGer, Of
.fVe judge, riding tie eirru;t to attend the
iimple trial of facts in preference 10 any
ether conftitu;ional fyltem thar fhaA Try