Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1805-02-25


believe nobody is particularly ANXIOUS Tor me a.
doDtion 90 a judiciary as detailed in the bill which
the Judges pgegen;ed 10 the Governor The nnIon OF
the Common Plea Judges with the n priH Judge cannot
be iuiihed on found principles; many other oeclhons
might be made without departing from the leading
principles Of the biIl-Should wrts of review be al
lowed in the manner heretofore, and wrl's OF error
lay in fewer cafes than propoied by the Dill
thefe and mary other alterations confident with
tia principle which is, imply, tbat nese e,eV
toy bla, Pail e4sb onHy and t.y an re- Jat' or
ges thy rt refygsg to TIE pug zobo think be i1dge
ldqe baVe riven aFy:t9io7 70 TIE y, erroneous
obaar o. pant xai-l 10 5 ea tbs rgbf 10 bape t5af
oaor ygee and aee.i5y tb zubes eomf, at TIER haqV
tern, ts be bed years tieaor ~efefy, y PI-
Lsnd for tbe DRyi!7 of Maine This brings the quef-
ton in difpute fairly before the writer's remark
upon iays the dilcuans ofegal queions in the ceun-
ties where they rofe before the whole Court has been
the means of difiufng much legal knowledge among
the people; but under this riff prin iyltem, or one
propoed bv the Judges certain LEGAL gnOas arifng IN
the evera counties in Maine will be carried TO Port
land, there be argued and adludged and that the
transferring tb qae?ion5 with tbe dgon fsrsoasll ne
ceiiariy location 6ecreae OF knowledge, and intor-
nation in thoe counties well injurious dHl-
mutton of ambition among the country lawyers. It
has not and believe this writer will find 1t difficult TO
prove that the difuGon and extention of legal nfor-
nation among the peoples any certain proportion
the number of legal queiions decided, 10 that IT
given portion of them be removed to another
county fetted without difcuion, proDortionabie
dimnution of knowledge in the county would be the
necefary ccnfSguence But If few more or ieis dill
euiTons from any given number, that will ordinarily
rife in the counties, will have perceptbe effect on
the common level of information this writer's concu-
fon is erroneous and without his objection falls to
the ground For if after the legal qnes"s, and dsr'oa
alluded transferred TO the Lar Term there thal
fill remain in thofe delerted counties nearly the fame
means and occalons of dittuhng legal knowledge IN
them that there were what reaion can be aihgn-
ed why the information will not rife keep up to
its common level Should it be faid this is all the
DRY and iectureadlitted, but it may neverthe-
| efs turn to be uR theory and well Imported
! by facts, To which we will turn our atten-
| ton.
AS this writer has not informed us of the rros
how the trial of caues and the ducuth8ns of legal
| quefons become the means of diffutng knowledge a
mong the people, thall prefume it ariles from the
accidental Circumstance Of their being preient III
Court when they take place that is, if Jurors, par
ties, wnedes and itrangers, more les, are prel-
ent in Court during trial of cauies, or dicuiions
of law queton, and attend to what is fad and done
by the council and Court, they will probably hear and
retain fomethng relative to the trial they will catch
| iome detached ideas of law and very probably be
induced 70 try their luck in lawful of their own.
the trial of iiues will take place the like location
at nf p,ius where all jury trials muh be had. The
writ and pleas muR bs read, and all queltons arhng
cut OF them be argued before, and decided by the
Judge as heretofore by the whole Court AS facts
nun be tried their REFLECTIVE counties TO all qucf-
tons on the admlion Of witnefes taking depotons
and their admii1on, with the admiiIion rejection OF
all kinds of evidence whatioever that relative u-
ny trials all exceptions thereto mutt be made in O.
pen Court and will be argued before they are allowed
uneis in cafes where the point clear for con-
troverfy. The whole fyltem of evidence will occa-
honally be brought into public dfculon as formerly
Thus far the means, and incidents from which
knowledge may be CLEANED by attentive and patient
hearers appear to me 70 nearly the fame, under the
old and " en- that do not dcover any difference
futhcient to warrant concIulon unfavorable the
Let be here noted that in thoe trials where
no bill OF exception fha be fled to the opinion of
TN Judge, no difference even nominal, be pon-
ted out fource of knowledge, between nif
rin trial. and the fame trial had formerly before the
whole Court; unels take into confederation that
in the fra cafe Jingle Judge pronounces the law, in
the latter the Judges may iometmes dfagree and pro-
nounce different 1entiments from another, on the
fame point The effect this has on the public we will
coniider hereafter
The Judge, being fenGble his opinion mrv be ex-
cepted to by the party aganf whom it ihall be pro-
nounced and the queaon be carried and readudged BY
ul Court, VIII naturally be excited to pay all poiIbe
attention to the fubec and pronounce correct OPP
inion; and each party will be anxious to have the
fentenee of the Judge in his favor throw the ex-
cepon and expenle of writ of error upon his an
tagonlt 70, Judging according to the we'll known
principles of human nature, the lawyers, each de
will be itimuated to eftabh the correctness of the
| petition, they may respectively advocate. Ii fame
and intereft have not loft their ufuAl influence upon
the minds of the gentlemen of the barr, the mfr by.5
fyem will be 70 far from deltroyug in them the prin-
ciple of ambition that under its oparaton, their
biton mutt be routed by double 1imuous into ac-
ton. An attending grade of courts for the dicufon
of law quetons always favorable high minds and
ambitious fouls If there be any one Circumstance in
the adoption the nf prins yRem in which the people
have nothing to fear 1t is that there the leaf
danger of the country lawyers ceang TO be ambitious
and as little do there appear my mind any iuft
| grounds to apprehend this fytem will, in the leaf
dminifh the means of difeminating among the peo-
| pie that degree of knowledge they have heretofore
gained by attending Courts in their REFLECTIVE
/ ties
fhal dmifs thefe two objections, with obferving
that when we conder the two rival fyltems as nit-
tutioas from which the people may gain knowledge
of their rights and duties mutt fet down to the