s the poet moralist; and so the
jurymen in question discovered, and would therefore rather refer a
knotty question to another deity than Justice, whom men call Fortune.
How much would it simplify our complex and gnarled code, the
introduction of this system? In the next place, juries need not be any
longer empannelled, the judge could "sky the copper" himself. The only
question would be, to have a fair halfpenny. See with what rapidity
the much-cavilled court would dispatch public business! I think I see
our handsome Chief of the Common Pleas at home here, with his knowing
eye watching the vibrations of the coin, and calling out in his
sonorous tone, "Head--the plaintiff has it. Call another case." I peep
into the Court of Chancery, and behold Sir Edward twirling the penny
with more cautious fingers, and then with his sharp look and sharper
voice, say, "Tail! Take a rule for the defendant."
[Illustration]
No longer shall we hear objections as to the sufficiency of legal
knowledge possessed by those in the judgment-seat. There will be no
petty likings for this, and dislikings for that court; no changes of
venue; no challenges of the jury; even Lord Brougham himself, of whom
Sir Edward remarked, "What a pity it was he did not know a little law,
for then he would have known a little of everything"--even he might be
a chancellor once more. What a power of patronage it would give each
succeeding ministry to know that capacity was of no consequence; and
that the barrister of six years' standing could turn his penny as well
as the leader in Chancery. Public business need never be delayed a
moment; and if the Chief Baron were occupied in chamber, the crier of
the court could perform his functions till he came back again.
A NUT FOR "CLIMBING BOYS."
[Illustration]
One man may lead a horse to the water, but ten cannot make him drink,
sayeth the adage; and so it might be said, any one might devise an act
of parliament--but who can explain all its intentions and
provisions--define its powers--and illustrate its meanings? One clause
will occasionally vitiate another; one section completely contradict
the preceding one; the very objects of the legislature are often so
pared away in committee, that a mere shadowy outline remains of what
the original framer intended; and were it not for the bold hand of
executive justice, the whole might be inoperative. The judge, happily,
supplies the deficiency of the lawmaker--and
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