The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-01-22
Supreme Judicial Court.
No. Wand LAST.

No. Wand LAST.
II has already been shewn that the propos
ed alteration Of the judiciary system, would
be more economical and saluary, as it would
enable the Court to complete more business
in the course of the year--t0 administer jus
tice promptly and without DELAY; and 10 es-
tablish and preserve course OF more stability
and correctness 10 judicial proceedings. The
nisi prius system, 20 called, enables the Court
10 perform greater portion OF labor in CIV
en- time, in the trial Of jury causes, and 10 the
disposal Of all the subordinate business Of
tern, and affords more time and opportunity
to the Court for consuItaton-for the inyesi
CATION and decision Of law questions, than aay
other system which hss ever been devised.
The object Of all judicial trials is twofold
first, TO settle disputed facts, by the aid OF
jury ;-secendiy, 10 ascertain, declare and
apply the ld,o to those tac's-whlch IS the
province Of the judges. Unless the law Is
uniform and steady in its operation, injustice
must be the consequence. Law IS rule OF
action. 1t must not be daily changng-but,
as lar as public good will admit, should be
always he same
10 the trial of jury-causes it is the duty OF
a Judge to preside and keep order--to regu
late the admission Of evidence TO the Jury, and
prevent them from receiving any which IS
illegal or improper and 10 give them sum-
mary statement Of the evidence, of bis instruc-
tons upon the law arising in the case. Now
one judge can DO all this more easily aud
more expeditiouslv and more correctly than
three for the same reason that one good
pilot on board q ship is better than three.
The excellency Of the nisi prius system
consists in this simplicity Of proceeding One
iudce regulates the whole. When a Cause is
begun, il must proceed, and if questions arise
as 70 the propriety Of admitting a certain per
son as witness, or = certain paper as proof
TO the jury, it would never do 70 stop The
cause for hours. while such questions are ex.
aminsd thus delaying hundreds OF persons,
| luuors. witnesses and parties. II the Judge
is not able. at the moment, TO settle the point
10 the satisfaction Of all concerned il may be
reserved, without iAterrupting the proceed
logs. for future examination and correction.
II this manner the rights of all parties are
safe mistakes committed 10 haste, or opin-
\ InIls IUITNFu NliHhut Out IJfcsNlSdbOb may
thus be revised. and the symmetry OF the law
be preserved. But the present law makes no
provision for these csutiOnary proceedings !,
but the Judges from proper solicItude TO
| prevent injustice, have so arranged the course
of practice as that many legal questions are
reserved for consideration, thus avoiding, as
well as the present system viii permit. The
evils arising from sudden decisions IN ditticult
cases Such cases must either be decided as
! thew arise, without examination, and OF course
often enormously f; or else they must be post
poned for investigation and hna determination
sfter the facts have been settled by jury.
No reasonable man can hesitate TO say which
Of these two courses ought 70 be pursued.
We NAV now fairly ask, Of what advantage
can il be to the public, for three. or even taro
Judges 10 attend the trial Of jury causes /?
One Judge can reserve difficult and impor-
tant'que.tion. as well a. three, and ia much less
time And when the opinion Of one Judge j.
examined by his colleagues, they Will be
more likely to look INTO the grounds Of bis
opinion and to decide upon its correctness
impartisy, than if all or any two of them
had given the opinion before. even though il
might have been hasty opinion. given on
primary enquiry. Such is man-and such
are the best of men.
Perhaps, if the Legislature should restore
the nisi prius system, as il is generally sup
posed they will al the present session. the
most eligible mode of deciding reserved ques-
tions OF law might be 10 establish ld1C term
al Portland, and snoiher al Augusta or some
other central and commodious town n the
nortbe asiery part Of the State. The terr1s
thus established should be holden once year
in each Of those towns; and the Court should
sit merely 10 decide questions OF law arising
il all parts Of the Safe. Such an arrange
ment would leave ample time for the Judges
10 hold Courts and transact all the business
with ease and dispatch; one Judge being au-
thorised TO bold the Court In this manner
. YaH expense would be ssyed 70 The coul.