The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1820-12-26

men. They ought therefore, in the pethrm- |
ancs of.the laborious duties Of their Office, to
have an opportunity 10 call in all the aids
which can be sawed from patient examlna-
ton, research md reflection.
Arsgular Il kesuca,ion will render ajudge
familiar with general principles, 50 that in
thu, trial OF a. cause Ne may be able TO decide
all i>cidnptal questions of minor Importance
wihAdt9 gtSch-hesi(olion His memory will
genetSlly furnisffFm wisl, the principles and
rules 81 practice TO be applied to such cases
sesnQst commonly occur. But it's equally
rseiSs every psuoo wbShasss rved on jury
nusi<now, that Vsmong,ks numerous cases
which are tried at sinHeSern, ques,ions ara
continually presented, new in their nature, >
OF new ia their attitudes and connections -
questions Of sresiiaricacy, and Of deep cops
Germ 70 the people At large from the : xtent 81
their applica(iok o. OF the lastsisAporla nce
10 the parties sj11m the amsunt hIopsrty
depending yn ne decisions. Oh cases
The Court csdHsol, with any sortof propriety,
stop the whole tusine ssfDf the term to exam
inc a single quesli.n s.s-lhere may not be
books at hard fiy ne purpo.e aud if there
Were an exsmmetioo tor days, or the rehec
lion Of weety may ~ necessary, to ascertain
how such questions oughtio be decided
Besides, the judges are under oaA and 81
honest and conscientieus, they must be- *
tremeIy anxious to decide correctly. Il tfkir
power il very great, their responsibility 10
the public must be .psiaiully so.e lod41. il
'is both tog the honor and The interest," 1.-The
State that the decisions of our Supskns Ju-
dicial Court should b. formed with care, and
with sufficient legal research and copsidera-
ton. before they are published BY a. sdihor
lied Reporter. f 80
| would then ssk this question Is it wist
lis Il reasonable that dc Judges Of ous
highest Court X Jnd,calure, nf.etnsequence
ofahe manner OF il. Organization, should be re-
duired IL decide all causes /" aff hand" las
they occur--together with the general ques-
tions which those causes present, whether oi
easy or difficult solution, without affording
them an opportunity for examination, and re-
Section. and review 1t should be recollect-
ed that judicial decisions have the force Of
law. NY case is TO be decided exactly as
my neighbor's case was, 80 far as ibe facts are
similar. Now in legislative assemble. eve
~ rbject Is examined, and principle. are
discussed al leisure, tin every mind is sails
fed, aud all doubt is removed. A bill, after
having had its several readings in one bfaacll
of the Legislature. 10 sent to the other, and
there considered and debated al large; and a.
gain 10 revised and examined by The Govern
or and Council, before il is passed into a
law. This cautious method Of proceeding Is
founded i'm the most valuable principles.
But is there less reason for cautious exsmin-
alton in Court of Justice? Is there less
necessity for cool and close consideration
of the intricate questions Of Ian in cause.
than Of questions Of fact? Yet questions of
fact are examined by the aid Of counsel j:
eachparty has allowed him any reascna Bile
time he may desire, and causes are postpon-
ed from term TO term, TO afford opportunity
representing the true facts to The jury. j.
II not equally important to the parties and
TO the public. thai the Judges should have the
same opportunity to consider the law, espe-
0'aly whea it is TO govern mol only the case
before the Court, but all others like it?
In all enlightened and well regulated gov
Syrnment. ample and convenient Tins ~ giyea
Z pr the all-important purpose Of settling legal
ySSuOuD WIN uuc dduDfTdliO1 anu CbfftCf -
= sss. I need not refer to those Europesn
ibunals, The wisdom and stability Of whose
ganization has bsen universally acknow-
ICED aud admired. Happily We need not
4 ,oss the atlantic 10 Rpd sxsmpe, of great
political sag acIiy in the constitution Of judicial
Courts - Such Is the structure Of the Courts
OF the United States, OF tbs Supreme Tribu.
nails Of Virginia, Pennsylvania New York,
Massachusetts. Vermont, and il is believed
OF most Of the other STATES that questions OF
tacs may be tried WITHOUT delay.--not inter
rup'ed by vain attempts TO settle doubtful
FFnciples during the penjeacy % a jury-tti-
al:-hut that such doubtful principles may
be reserved for more mature confederation in
the retirement Of judges chamber. with
tsw library al his command-At the late for
nistion Of our State government, the expert.
ment OF our present Judicial system va, made,
dnler'ng, IN some essential principles, from
That 81 our parent state, with which We had
70 long been familiar | consider this system
sscspable Of some valuable Improvements,
and am sure that the members Of our legs
h'ure will be willing and prompt to make
any alterations which may be shewn to 10
nr the honor and intere.t.of cur rising State.
10 lew following papers ] will attempt to