The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-01-25
THE FLORIDA TREATY,

on Thursday. lth inst. and was on Friday
morning Ia The hands Of the Spanish minister
Yives 49,
The following extract from ne speech OF Mr.. Ma
son 10 the Legislature of n. II. relates TO the
nisi Prius system in Judicial Court, the advan
tages Of which have been rejected both in that
and this STATE.
A great objection in his mind 10 the present
system was, that questions OF law and ques-
tons OF fact were mixed together and tried at
the same time lit was, he said, one of the
first principles of ancient common law that
hese snpuld be separsted-it was absurd to
have &oth tried al the same time and place.
No judge who has dee regard TO his charac.
ter, will decide questions ot11Y without tax
ing time to reflect Under fhe present sys-
TEN, It was impossible to gveAhe judges time
during the term, TO hear and decide these
questions. The ancient practice in our courts
was 10 consider the questions Of law on Sat-
| urday afternoon, when boots and spurs were
| on 10 go home. This was found 10 be ride
uloIs, and the time was changed TO the Sc
cond week and tina, being inconvenient, the
| time was changed 70 me FIRST day of the term,
when sukors on ali Sides were pressing for
trials these aDd ether successive variations
had proved thst there was, under the present
| systeC no tine for The court 10 decide ques-
| lions 81 law
But considerations other than these led him
to urge the propriety OF this part OF the prop
osltlon before the House. II was fact thai
there was not State in the Union, the deci>
SONS OF whose judges were respected and COD.
sIdered as authorities, which had oct adopted
| this or similar system. He instaach New
York, toe first commercial state 10 the Union.
Her courts were the most respectable. There
| a chancellor and four Judges did all the bust
ness (; and not only was the administration OF
justice prompt, but the legal decisions of the
judges IN that State were considered as the
best authorities This resulted from separat-
ing questions of law and questions of fact. Ia
Englan where similar system has been
pursued Tor centuries, a chancellor, vice
chancellor and twelve judges, perform all the
business. Compared with the business done
ia that nation, our State is but drop in the
bucket. And it is generally admitted, whatev
er may be said OF the British administration in
other respects, that her judicial admi nisration
. the very best-lhat The business is all done
and well done. The population OF The
county Of Yorkshire exceeds half a million
and here the business was managed by less
number OF judges than in one Of our counties.
Comparing population, The expense OF Justice
IN Engla was nothing 10 that Of our State.
In this respect the expenses of our State ex-
coed those of every State in the Union save
Vermont and Rhode-Island this resulted
from the uncertainty OF our judicial decisions !;
from the judges being compelled TO decide
without having time TO form correct opiE-
ton. In this State ten thousand processes
were annually issued, and probably as many
more were commenced aud settled the ex :
pense OF these ssiis was an enormous tax on
the community; and this expense in part is
TO be attributed to me uncertainty Of deci-
slons; and this uncertainty is inherent in the
present constitution Of our courts.