The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-01-15
Supreme JUDICIAL Court.


Ourpresent system is liable TO several obiec-
iions. one &C two al which, indeed, may be
lessened in practice. but none can be entirely
.nbviaied by any arrangement in the power Of
the Judges.
J. A. the Court is ROW organized he bust
ness Of many Of the Counties cannot be &C.
romplshed. This. am informed has been
fonrd to he the fact A large number Of actions
remains on the dockes Ia Cunberlani, Lincoln
and Krnnebec, which there was no possibility
Of deciding for want OF time. 10 long as III
or majority of the Judges are requ red 10
hold toe Courts and lry jury causes, ibis evil
must remain, as will be readily seen ~ look
ing al the times and places ot holding the
Courts IN the severa counties, and the proper.
lion OF the year cpasnased ia the circuits.
According to the Statute "a this subject, the
Juders. as soon as the roads are p@ssable. are
90 commence the sp.ing circuit fark, on
the 'asi Tuesday Of Arri and Aence proceed
through The state ending the circEIt AZ Mach-
ss with the close of the third week in June
and reaching their homes about the fist of
july. During the extreme heat of summer
shefe is vacation. which will continue Gll the
fourth Tuesday OF August, and iten the Gall
circuit will begin al Alfred in he county Of
Yo,k; and the Court, after travelling through
the STATE again, will arrive al Portland, aud
close the circuit there The term in thai
town commences about he middle OF Novem
Der and il must certainly tske tcur or five
weeks n complete the business, 50 that tho
labours of the Judges for the ear cannot be
IL III, Thr,u Il l. ~
winter IS then left them for the examination ol
all he questions Of law reserved in AL The
counties of the stale and for the pursuit q
their studies. This arrangement results from
HE law as II now exists bot the evil must
continually increase with he increase of The
number of counties in the state There are
numerous petitions before the legislature foT
the erection of new county al the mouth oil
the Kennebec; another Is talked of in ibe
eastern part Of Lincoln; and another in the
west OF Somerset 50 ,ha, there no proba-
biliiy that the labors of The JUICES will ever
be less or the portion OF time allowed them Co
study and reflection De greater than al present,
Unless soTe change be made in he system.
2 Another objection IS The tnconvenience
no. ic say impropriay. OF having iwo or more
Judges at The same tune experimenting and
assisting IN the trial of Cause by jury. ii
they all entertain the same opinion as 10 the
law applicable to the case. then one Judge
could preside az well as oil Tfthey eutertaia
and express to The jury different opinions, how
j. the law 10 be known. either by the jury or
the community Whose opinion shall the jury
be governed by ? Shall they weigh The law
knowledge OF the respective Judges. and draw
their conclusions on this principle or must hey
decide such causes al randoms In such cir
cumStanCes believe we could not be "a I'd 70
live under government OF iaxs.
II has become a general opinion, not only
in this. but IN many other states that Jury
should never he distracted vito the dscordant
opinions of the bench; but that one Judge
should regulate The trial, aud deliver Inc law 10
the jury and that if III opinion should be
deemed incorrect, it should be revised by the
whole Court. and il wrong, corrected
II is fact we'll known by those who attend
ed our SupremeCourt in any of the counties on
: e late circol,.ihat the Judges have invsriably
<iapted this course Of proceeding; each pre-
sssding in rotation, in the trial Of jury causes,
and deciding the incidental questions OF law
arising during the trial, without consulting his
brethren. | feel warranted in saying that
they adopted this mode afterdue consideration;
and that they have found il the safest and most
expeditions mode OF trying The merits o: each
case. Ii prevents all confusiou Of opinions, or
CONTESTS between the Judges upon disputabe