The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1824-07-22


chance OF mpkipg il better, BY be,ier rons,i.
tuition hereafter Our lot is cssi, end we
must sbde il. What advantage, is ihsre to
be gained by the coustitution, which we must
owe to the constitution, end cannot have with.
Out il! Is the Judiciary system sn advantage !
Opinions diffeI,-some think il 10, Others that
u is not but let il be On advantage; IL is sn
sdvsntsge, which you may have without the
constitution, as weh as viii it--you msy hsve
IL by an oct OF Assembly.
II you say that the Assembly will not estsb.
lish such system, you say that the People
arc opposed TO II Tor # they were in favor of
II, Their representatives. would establish it \;
and II the People are opposed to L., they will
be equally opposed TO the constitution on &C.
count Of the system. II therefore the pro.
posed Judicia'y be an advantage II is visions.
y one, 90 i, is one which eilhee cannot be
gained at all; o. il j, can be gained, i, csn be
gained without constitution as we'll as with it,
II you say the General Assembly 10 not
competent 20 esisblish such o Judiciary, We
ask why no 2 Whs, hinde's their making the
present Cou Of Common Pleas, a Circuit
Court oi T. mmoD Pleas what hinders, their
making this Circuit Court to consist Of five
Judges, 10 be taken fom The five Counties
one from each what hnders their sppois,ine
,hese Judges snnuallyl Nothing. Surely
The General Assembly is competent 10 con.
sttuts rbis Court exactly as It is proposed 10
be constituted by be constitution. What
binders The General Assembly from making
law TO make The Supreme Court to consist
of three Judges instead OF FIVE to make their
ter IN Of oHice, si:, years, instead Of enc
Nothing. The Assembly csn do all this, If
they viii. But il is said, the Assembly might
repeal such law if they made it, within the
six years--tfue--and so the Assembly might
remove The Judges if this consii.u,ion is
adopted, within The six years; and the one
would be just as likely to happen as the 9TH
er; no person arpoinied Judge, would make
any diffe once in his estimate OF security IN
office, whe,her appointed under such an act
VI undet such o constitution. His cwn be.
hnviof would constitute his only security, in
either case, and equally 10 either and this he
must know and feel. II it is said majority
could fepesi, but that TWO ,hitds must concur
10 remove and that therefore there would be
create probability of the tepesl this we
'sy,5ould not be regarded by any Judge, as
any additional security; he would know that
it he made himself so obnoxious as TO induce
a majority Of The Assembly 10 repesl a sol
emp law, whole Judiciary institution to get
I'D OF him, that majority would be very likely,
u not &C tain, 10 amount TO ,vothiTds; and bat
his removal in that case would be equally
certain. woe hc' eprointcd under such CD act,
o. under such . constitution.
Macy are carried awsy with tNo notion,
that Wv are more likely to have more coDpe.
tent Courts with the constitution Than without
It. This is !alse hope If the same Courts
are established by set o! Assembly, we ste
just as likely to have this imp 'ovemen! of,he
Courts, under such en- act, as under such
constitution II the Assembly would Ma os
tsblish such Courts by an act OF their own
with view TO e. hem with different men
neither will hey f'i them with different men,
under this construction for the Is not sin.
gle provision, contained in the eonsti,ution
that makes this at ell Necessary; and every
provision ,ha, was proposed win this view
was 'esisIed on the ground tha, 1t would havs
this effect.
The establishment, OF this constitution then
would no, give US any better, or other Judicia'
~, than we may have without Il, 4; and would
ext'nguish evefy prospect snd every hope, oi
our having Judiciary constituted as il ough'
tV be.
Is any advantage to be gained, By the ccn-
srituIion, ss to the organization Of the lesisls-
tive power ? We see mono ourselves we co
no, hear that any is pretended by any body.
Tho constitution contains no new guards a.
ganst the abuse Of ,ha, power nor indeed
any gua,ds at ell. As 10 the Bill Of Rights,
il is mostly made up OF mere ms2ims Of ad-
nonitafy wisdom. which the legislative may
regard or not as they please they have no
restrictive force, nct can any be given TO
them; they are not 10 the nature OF positive
Limitation. +; as to the few, which are excep-
tions to this description, aud which are posi-
live Limitations. they are such only as existed
before ID the cons,i,u ion OF the Uniied States
in the charter and in those funds menlsl laws
Of the state, which had acquired the force Of
constitutional scts, respecting our religious
liSeriies. A, 10 these, thete wa, liule danger
Of their violation from the enerprizes OF the