Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-02-27
icoNrIE EuRp.)


portsnce OF the preirnt qusfion might prefome
jutity any neEnbcr, in delivering MS isnIimenu
without apology. Blu. irom the able manrerSa
which the fubjeSt has already been ditcufed. |
fhould have been induced TO adhere to my uioal
contie 6nce have bren member of this body,
spd leaving io eiuciastion to Others OF greater
experience and more talents, have b,en contens-
ca with Eent vote. As however, the fate
whole iervsnt am, aod whole faithful ieIvant
sih az all times 10 be found. ha. inaIut,ed her
members on this iuhjeet, | win endesvor in tie
plain way of which alone am capable TO aiisn
the reafon, for my vote. And in doing Ihls,
rather with than hope may tate any thi 1 vor-
thy the confederation OF this enlightened aGsm-
bly,.
The arguments upon this queaion has nat
rrslly divided into two parts. the one OF exredi-
ency-the other OF conhituuonality. II the 10
peal OF this las ihsl be deem'd pedienv the Sem
ate will douhItis coo6dcr il their dny to repeal
il, il no oonGuu,ional objection oppof.s i, bur
i, IL ihal be deemd unconailutional 10 repeal ,t,
then no conGderstions OF expcdiency can Aand
IN The way of that foemn inRrunent We are all
worn 10 iupport.
Before enIering into au examination OF the
expcdency Of the repeal. it may be proper TO
remark that gentlemen Who have fpoken againa
the repeal, Whole talents and eloquencc highly
admire, have not correctly Rated the qIe.tion.
The true queti)n is, not wbs,her we ihsll de-
prive the people Of the u. States OF all their courts
of iuaice but whether we lhall reitore TO them
their former courts. Shall we or ihall we not,
continue an experiment made, or attempted 10 be
mAds, will sot fay impsoperly, bccauie my re-
fped for this body and torn country ibrbrd the
imputaton but | will lay that the length ofiime
we remained without this iyitem. aud the repeat
cd ineff :Gual attempts made 10 easbliih 1t, pie
ient ftropg resions for infering that there are
not ihoie great apparen, reaions in favour % II
that have been Rated. A iyGem fomewhai iln-
liar to the preient. had been rejected BY the leg
inature becaufe they preferred the forner ly Gen.
Another evidence TO the fame purpor is, that
during the lat teiiion when the tubjeet was again
revived, and the prelent plan adopted. IN amend-
ment was offered, to amend by extending and en-
larging the former eRablihmen.
Here Mr.. Stone read the amendment pro-
pofcd. which augmented the number OF judges
of the fapnme court, and aligned their cir
cuiu.
This amendment was rejected, and from he
vote entered on the journal of that day, II APP
pears that the difference Of votes againR the a.
mendment was formed of thoie gentlemen. who
we're nominated TO appointments made vacant
by the promotions under the new Law. DO not
fate this circumfiance az an evidence that thefe
gentlemen were influenced by improper motives
but to fhcw that the manner in which the new
fyitem was formed was Hof calculated to chabifh
in the public mind decided preference OF II O.
yer the old lyftem.
Having made thefe remarks on the great de-
liberation faid to have been maniieAed in the
adoption OF this plsn ] hope may be permitted
TO exprefs my peIieet coincidence with the gen.
fleman from Connecticut, that courts are necei-
fary for the administration of jnnice, and that
without them our laws would be dead letter.
But i, appears to me eGential TO due ad-
minihration OF jIflice, that thole who prefde in
our courts Mould be well acquainted with the
laws which are to guide their decihons. And |
spprehend that no way 10 10 much calculated to
inpart this knowledge as praetical acquaintance
with them, by attending cosHs in the ieveral
States, and hearing gentlemen, who are pafticu-
larly scqusiL. cd sith them, explain and diicuh
them. Il is therefore, abfolutely neeehary in
my mind, that the judges of the Supreme Court,
whole power controls all the other tribunals,
and on Whole decifons ra the propetty,tb rep
u,atiop, the liberty, and the lives Of opr citizens,
fhould, BY riding the circuits. render them
felycs practically acquainted with their duties.
II is well known that the knowledge Of the laws
Of State is not TO be fuddenIy acquired, and IT
i, resfonsbe 20 conclude that knowledge is mott
correctly pofefed by men Whole whole life has
been devoted to the acquiGton. IL is aIfo per-
fetily well kno~n that the knowledge of the
mode, and prinei -, ofpraesice in the different
SIs,es, or OF any State. is moa ef-t;ually TO be
acquired in courts. where gentlemen Of Kill and
experience apply thofc principles to uis upon
exiting poini,.
Tb, defett then. Of the prefer, plan i,in
my opinion, fo radical, thar Of itfelfit would
decide with NE the queaiOn Of sxpcdisney.