The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-11-27

DISPOSITION of actions in the present system; for
II law business be FIRST disposed OF, no security
for absence can thus be derived to parties, By
the uncertainty of the extent Of such questions
which reason equally applies to Jurors, who are
required TO be present at the beginning of a
term, and must be- or business may be impeded
Aad should these questions be postponed 10 the
end 81 the docket litigated points wonld be con-
tinued fros term to term, the rights and proper
" OF citizens be kept IN suspense, and the law
become an instrument of oppression, instead of
security aud defence. Points in law of the ut
most Importance, argued Just at the close of one
session. must be continued for advisement 10 an
other, for no court wodld undertake to decide
difficult and disputed questions uron first impress
sion, nor without full and thorough investga-
ion. Their decisions become the law of the land
anu by our reports determine here as well as a.
broad, the learning and ability of our highest
judicial establishment BESIDES the requisite at
tention 10 form accurate opinions, they would
not have time nor strength to bestow, at the flag
cad of session, after fatiguing course of jury
trials.
Another evil Of equal if not more serious i'm
port is, the health Of our Judges 1t is impossi-
bic, that with constitutions too often impaired
by the course fstudy necessary to prepare them
for the high functions ,hey are called to dis
charge, they can long sustain the arduous du-
ties the present system imposes upon them
Limited as to time of session they arc obliged in
Court 10 work early and late, and then with bo-
dies almost exhausted by the labours OF the day,
they are compelled to borrow largely of that
time which others may devote TO rest. The
Farmer aud the Mechanic have finished their
daily task, when the sun has finished his, but
/ then the Judges has hardly commenced. From
these considerations it follows that the expert
ment is not successful.
is there any remedy for these inconvenien-
ces' We tAia,a there is, and that it is furnish
ed in coed part by the nisi prius system. By
this ystem, the law business is separated from
questions Of fact To near and determine the for
mer the whole court performs annual circuit
! through the state at these terms the presence
OF witnesses and jurors is not required, and the
meditation of the Judges is not interrupted by
the multiplicity Of matter which now presses up
on and distracts them,and they would be able to
bestow their undivided attention upon those dis
puted points of law upon the final and Just set
tlement of which depends the safety and repose
Of the community. And as to jury trials, except
capital cases one Judge may hold court, whose
care is exclusively devoted to the investigation
Of facts and the decision of such incidental points
as every trial evolves. By this plan then it is
perceived the three Judges may be employed in
different counties at the same time and thus
more completely fulfil the injunction Of the con-
sitution to administer Justice completely without
Genial, aud promptly, without delay
These remarks apply to the courts as at pres
ent constituted, how much stronger will be their
force, if the Common Pleas business be thrown
upon the Supreme Court, we shall examine here
after
BEETHOVEN SOCIETY.
We were sorry To see so poor an attendance
at the hall of the Beethoven Society, on Friday
evening last This association deserves no such
neglect; and we hope our fellow citizens will
feel conscious OF it, ere another performance.
The expences of forming, and maintaining and
improving this Society have been very con-
siderable--and they must be SO now As body
it has always appeared assduous to crafty public
feeling, by eDdeavouring to make all pertaining
TO it respectable and even superior. We re-
collect many of its performances, that fo- excel
fence, execution and energy, have been worthy
our siDcerest prase---and the selections of Inu-
SIC have always been such, rs must have pleased
even the most indifferent or fastdious nearer, &
they certainly have delighted those who love to
listen TO the finest swells of sacred harmony.
Besides this, the Society have had desirable ac-
quisitien in the addition of some who arc masters
Of the art, and who love music as science.
We hope, with sense of all these induce
ments, aud when they consider how much pleas
ure we have all derived from the repeated kind
and rOtuntGry performances Of this Society on
all public occasions, that our town will not again
be backward in rendering TO ii that encourage
ment which shall be proportioned to its desire
10 give us fully one of the greatest enjoyments
ofwhich we are capable
THE following was handed to us for publication. II
comes from a respectable source. Of its Justice
injustice 10 the Trustees of the Agricultural Soci-
ETY., We know nothing If the remarks of the writer
lust they ought TO be made public lest in such
state of things, the valuable objects contemplated by
the institution should be lost 10 the community-If
UNJUST. the Trustees ought TO have an opportunity
10 defend themselves against charge of culpable
partlality. Editor.
At the late Cattle Show, at HaIlowell the premi um
for the best Cow, was awarded TO George A. Rogers,
Esq of Augusta The for this decisicn if they
can be called SUCH given in the report They
not satisfactory however the of the peo
pie assembled there, if might Judge from the
marks IN relation to the prize Cow,were satsfac-
tory to the judges themselves. The voice of the peo
pie decidedly against them and they never will
acquiesce In this decision of the Trustees, TIL they
have seen better grounds for IT, than those given in
the report premium was offered for the best Cow :
Now they had regard either her size and beauty
the value OF her increase In either oil these respects
the animal owned BY Mr. Thomas Little of Windham
ranked deservedly highest. The prize Cow Of
ordinary size and still more ordinary appearance.
The Cow owned by Mr.. Little of the celebrated
Blackwell breed admirably proportioned- though only
four years old last spring. feet 10 inches in grth
But says the report size beauty &c qualities
courag cd BY premiums granted 10 bulls, heers
and calves This distinction, however was not made
in them advertisement In awarding the premium
then, the judges have had regard solely the val