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

"a. dcfgn of thofe wife men who framed and
acopleo ,he coaltitasi0n, can IL be pfeiumed
they would have proved 10 ineifeetas barrier
as rheie judges cln readily be thown to be /! 1t
is allowed on all hands, the legiisture may
modify ,h- coutts-ihey may add judges, they
ray dx the times at which the courts ibsl Et,
&c. Suppole the icgl4turc 10 have interefs
ditioe from the people--and thc judges 10
fand in The way Of executing any hvorie msa-
fare. Can any thing be more eaiy than for the
legiilaiure TO declare that the courts ini'ead OF
being held lemi. annually, or oisener, fhal be
he'd only once in Gx, eighr, ten or twenty years
or in order 10 tree the.niclvcs from the oppoh-
ZION Of the pieGent Supreme Coo't TO declare, that
courts ihall hereafter be held by thirteen Judges.
An understanding between the Prcfdcnt snd the
Senate would make it practicable TO i the new
Offices with men of different views and opinions
from thofc now in olice-and what, in either
cafe, would become of this boaited protection OF
thc people agsinh themielVes. | cannot con-
ceivc TIE conaitution insnds 70 feeble barrier
"a barrier f. esGly evsded.
What danger is there TO the people from
the lcgil ,turc which the courts can controul
The means Of oppreron nearea at hand to the
legi1ature, and which afford the hrongen temp
taton to their uie, are, the rafting extravagant
and unncceasry fums Of money, and the embo.
diving large and uielcfs armies Can the courts
oppoic efe6lual checks 10 ,heie powers pre-
fome not. The con'tUtion merits their cxer-
cifc 70 any extent within the dilcrciion OF the
lesilature.
The objects Of courts of law, as under
fsnd them. are, to iet,le qnefions OF right be-
tween Guton--to enforce obedience to the laws
and 20 prolea the citizens againR the opprei!ive
ufc of power in the executive ufiiccU.--Not to
project them agsinG the legi0Mure for that
think have ihown 70 be impoilible with the
yoweis which the leginatuic may iatcly uic and
cxcrci'e and becauie ,he'peopls have retained
in their own hands the power of controlling
and directing the eginlturr, by their immedia;c
and mediarc elections OF PIeEdenr, Senate and
Houfc OF Representatives.
Ii is not alone the fx;een rank and file
which the gentiemin from Now York has 70
ludicrouiy dcPittcd, that appreheod immediate
danger from, but il is the principle which con-
verts tho Office OF Judge into an hofpital of in
curahlcs, and declares that an expiring iaciion,
after having loR The prblic confidence, may add
10 thoic ixtcen un,il they become 1000, or
rs 900 /; and that the retlored good fen(c OF The
ieeiImuie, ths Whole government and conitiu-
zion retains no means o. eating them off, but by
dcltroyng iticit and relorting To revolutionary
principles The legillature may repeal unae-
oeiIary taxes, may dibaud ulelefs and expcn-
five armies, may declare they will no longer be
bound by thc itipula,ions of M oPpteiivr trea-
ty and il war lhould follow the contribution is
fill fate. But if the conlrutiion which gentle
men contend for be correct, band Of dsones TO
a7y amouot in number under a. denomination
oi judges, may prey upon the iubhance at the
ptoy.t. ADD I'll: government retains not the pow
CT 10 remove them bot 10y dsRroying the conlli-
tulion ueif.
h,ie,ch this enlightened aAcmbsy to pauic
before tfey adopt c>nlltutiion capable OF pro-
dnci,g e. great sAitchef, and 70 ineGcstual to the
ends p5oPoied.
The gucti1n is not now, as it would fccm
from the Arguments of gentlemen, they under
flnd il 10 be whether wc (hs aboli(h offices
without cAmpenia,ins the officers for the iacri-
6ccs they may have made. If a propoial 10
comrenmtc them iha be brought forward. the
lcgilaSuIe vii! iurcly DO what honor and jullice
fhal! rluirr.
If poncatd equal powers of fpcech with
the gentleman from Connecticut. l might he
tempted to make an sddrefs TO the feelings of The
SHna,e. Sure am, | feel as deep an intcIet
in, aid tuhciIpte tor, the contribution, as that
gentleman. l view il with him as the bond of
oar union and the foundation of our iafcty.
Bn, i, mnH be fupportsd on 'eaionabe and prac-
teal grounds. My understanding is incapable
oI icci1g h,w the abfu,di,ies and evils of the
contraction con,ended for, can be avoided. l
hope therefore that the power of the lcgilature
20 put daSn, As well as TO build up, courts of
jotiee, az the public good may re1oiEe, will DC
easbihcd.
Not having accnaoned myieN to deliver
my (cntiments 10 this or ,he other branch OF the
icgiilMurc. may not have conpriied them in
g. houa compass, nor in fach orderly fhape, as
would b, proper in inbnittirg them to this cn.
enlightened aGcnbly. II, however. have fuc.
c'eded in 'tating inte!Iigibly the ground, of my
conviction, an iatisded. IFmy remarks have