|
This was the first publication of decisions of an American court, the
Superior Court of Connecticut. Lawyers and judges faced a dilemma after the
thirteen colonies won independence because there was no publication of American
reports during the colonial period. Would lawyers continue to base their
arguments on English law reports which were not widely available in the new
nation? How could decisions of American courts be cited if they were not
printed? Connecticut was first to address this problem. The legislature passed
and act in 1784 requiring judges to submit written judgments which could be kept
on file with the clerk of the court. Filing decisions, however, is not the same
as publication for sale or distribution. It was the initiative of Ephraim Kirby,
a private citizen who recognized the need and opportunity, who undertook the
task of finding interested purchasers to subscribe to a volume of reports. Names
of 230 subscribers listed in the back of the volume show that lawyers from
Vermont and New York were interested to acquire reports from this court. Nor was
it a simple matter for Kirby to assemble these reports. The court was
ambulatory, meeting in New London, Hartford, Litchfield, Windham, Fairfield, and
New Haven counties. The completed volume covers decisions from 1785 to 1788 and
distinguished Kirby as the first reporter of court decisions in the United States.
|