Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1805-01-21
Qs0.s Daaaher, ga.

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te.lon, bur to 2 very few individuals oe that
Protection 'rhoie gentlemen OF the law, who
have eitablhGd their TcGdeuce AMI reputation,
In the places where th-..4w Courts are 60 be hol-
den, will reap ~ executive benc til from the meat
are. The attorney IL the co untry viii lools
all ambition, when, having originated a caulc,
examined its principles and tIe authorities, he
fluids II isto Be taken out Of his own bands and
argued BY Council $50, OF 200 miles from him,
who IS a itranger to him aud his client, and
who mutt examine The WHOLE anew. An in
bablrant of the county, Of Ha4csck or yVaGias
f9n has caaie of one hundred dollars magni
tude land there are MANY can.eSin that conn-
Try OF no, greater mAgni:ud3) deoending on
dl.pused que:tion Of law. What i to BE- done
Hls attorney to whom lie conhded The origin
OF his cduie, IS TO travel to P5rltia4 or the par
ty mutt go hlmIef and employ Other Council.
The attorney goes. The gentleman of fhe bar
N tllat town will be inclined, and they will have
tbs opportunity, 70 to arrange the packst as
70 give their bufaeis precedence. The a,tcr-
fey BY tarryng two or tl.tee wrel-c, however,
has the good fortune to outaii. : docfit,on.
IT he gam the cauie his cieut is the Iooir If he
io9is5 it his client is USDoNE Bur she parsy
goes himfrf, and EMPLOYS other ccunCt1. I
would not undertake to fay which of tie Two
evils would be the 2.yff. It is the taure of man
kind to make the bett Ct their privileges rhe
tees tor arguing q ia.r qUsifioH mutt be enhau-
oed. The attornieS IT the law Courts NAV do
this, with the utmotf iafcty to tbemlslves, as
they viii have he power entirely TO monopo-
lze tho bufneis of thote Courts.
But il is iaid the Court may be furinfhed
With " written argsment'' In the abf.rce Of
myelf and council, the latter is 10 furnilh TIE
Court with f0ritfea 4rg&me,1tJ Now there arc
two ildes to every dIlputed enettion; have the
negattps The party opp6fcd is prcient By his
Council my attorney, 10 fave txpehfe for me,
IS to let about to aniwer 6 demurrer by qUrittsn
ss,g"msnt, hever having heard the oppoitc Of
the qneition Thus much for tits part OF the
tyitcm. A fyftem which will prevent lawfults
by driving every poor man out OF Court, By top
ping his mouth, and fui5r the rich opPrefIor to
tran,ple on his rights with IMMUNITY. Every
peaccable, economical citizen, will lacrifce one
or even fqOo Hundred d9llars TO perirverng IL
ItiglouS antagoniit, when there is a potiioiiity
that his caufe WILDE taken ffoal his door, and
carried to Bafoe, Pouiuna, or. Narfbamptan. :,
+ :. A circuit court is TO BE- holden twice
year ~ each county, by one judge Of the 5u-
preme Court :.< n 7
Quettioas of l1w are often 70 blended, thai,
it is not eaiy TO teparatc them. And it is idle
to (uppoie that the ju,i-s Of our Suptene Ju-
dical Coure are in effect the executive ia sea
Of fat7e, 'she court Do undertake 20 fun Up
the facts, of the jury and to hint an opinion Of
thoie tacs. and the jury do, very often, find
accordingly The direction of hnPie Judge
in luch cafes, might DC dangerous. For this
Court is to have final juildidion. Bills Of
exceptions are, efteu en- inadequate remedy as
they may regard the admifIion or rejection of
evidence. watch might, or might not. have al
tered the finding the rl4e. And the nui0n.,
the party in c3a5, who removes caafe, in cafe
ne does not prevail, and the expence and delay
attending iuch removals, " i'll be : fafficieus
check againlt them 10 all, but the powerful aud
lltigious. Motions for new tria,s are 10 be made
TOO and granted by this Court on principles OF
law. his therefore, mun bc a Law court pro
5ac viee i But when q motion is made fer q
new trial for The mjfairsl7i>s sftbe Tndss it mutt
be made to the law Court. Ibis want of pow
er in the Court on the one hand, aud important
} powers TOO great 70 be entruaed 70 a fngie
perfon, on the ether, viii be frGi;.ai fouroa
of peTplexity, expence and delay.
g.. This Court is to have original iurii-
fiction. concurrent with the Common Pleas,
in quefions CT title, exceeding one huadred do--
lars in value. If this juf;fdi6tion were givento
he Supreme judicial Court, rogfFias sf a eoea-
offtaf tasa5sr Of ]ufices, and holding their iei-
lions in each county, might have tsadency TO
prevent litigation and promote ri-ht. but tflat
a Couit. contitsing Of Jingle Judge, having
power by his dre6tilns to determine the YER
!di6t ola fnple jury fhould have organized f.
nal jlrddicfion, Is 70 novel a things 70 repug-
nAnt TO the habits and feelings ST he people Of
this State, that il is preiumcd the Legislature
will fauie, before they aiopt +.
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